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

Conflict Resolution Quarterly (2019 Forthcoming)

40 Pages Posted: 7 Oct 2019

See all articles by Lorig Charkoudian

Lorig Charkoudian

Community Mediation Maryland

Deborah Thompson Eisenberg

University of Maryland Francis King Carey School of Law

Jamie Walter

Maryland Judicial Center Administrative Office of the Courts

Date Written: October 4, 2019

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

Suggested Citation

Charkoudian, Lorig and Eisenberg, Deborah Thompson and Walter, Jamie, What Works in Alternative Dispute Resolution? The Impact of Third-Party Neutral Strategies in Small Claims Cases (October 4, 2019). Conflict Resolution Quarterly (2019 Forthcoming), Available at SSRN: https://ssrn.com/abstract=3464680

Lorig Charkoudian

Community Mediation Maryland ( email )

310 Tulip Avenue
Takoma Park, MD
United States

Deborah Thompson Eisenberg (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

Jamie Walter

Maryland Judicial Center Administrative Office of the Courts ( email )

580 Taylor Ave
Annapolis, MD 21401
United States

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