What Works in Alternative Dispute Resolution? The Impact of Third-Party Neutral Strategies in Small Claims Cases

Abstract

This research examines “what works” in small claims court alternative dispute resolution (“ADR”) processes. Using a comprehensive quasi-experimental design that combines real-time behavioral observation of authentic small claims court ADR sessions with pre- and post-intervention questionnaires, the study measures the immediate and long-term impact of various strategies by third-party neutrals on party attitudes and case outcomes. Eliciting Participant Solutions had the broadest range of positive impacts. Greater percentage of time spent in caucus was associated with negative outcomes. Reflecting had short-term positive associations and Neutral Offering Solutions had long-term negative associations.

Keywords: small claims ADR, neutral strategies, mediation