An Evaluation of Mediation and Early Neutral Evaluation Under the Civil Justice Reform Act

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James S. Kakalik
RAND, Jan 1, 1996 - Law - 455 pages
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The Civil Justice Reform Act of 1990 (CJRA) required each federal district court to develop a case management plan to reduce costs and delay. The legislation also created a pilot program to test six principles of case management, and required an independent evaluation to assess their effects. This report is one of four documents describing the evaluation, which was conducted by RAND's Institute for Civil Justice. The report describes an assessment of the effects of six different alternative dispute resolution (ADR) programs that included mediation and early neutral evaluation. The study found that, once litigation had begun, referral to ADR was not a panacea, nor was it detrimental. Neither time nor costs nor lawyer views of satisfaction or fairness changed significantly as a result of referral to any of these programs; however, lawyers and litigants who participated in the programs liked them. The only statistically significant finding was that cases referred to ADR were more likely to have a monetary outcome. See also MR-800-ICJ, MR-801-ICJ, and MR-802-ICJ.

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Contents

Chapter
1
E
3
Chapter
9
E
17
Chapter Three
19
Chapter Four
29
Chapter Five
57
4
60
64
245
81
253
69
259
Appendix
263
B ADR SURVEYS CONDUCTED AND NONRESPONSE WEIGHTING
269
223
270
107
272
ANALYSIS OF TIME TO DISPOSITION
277

26
73
34
77
Chapter
91
1
94
Litigants Assessments of Whether Case Was Referred
96
12
99
E 7
102
Litigants Opinions About Whether They Won or Lost
112
45
115
Chapter Seven
123
7
130
Mediators Assessments of Time Spent on Cases
137
103
139
Mediators Opinions Regarding Satisfaction with
150
Chapter Eight
159
4
161
Litigants Assessments of Whether Case Was Referred
164
Method and Point of Case Disposition
174
106
178
NYS
190
Chapter Nine
195
10
198
Number of Days and Total Length of the Sessions
206
CaseLevel Outcomes
216
F 1
218
119
220
47
222
62
226
Chapter
229
Litigants Assessments of Whether Case Was Referred
235
127
237
209
241
214
282
227
286
ANALYSIS OF LAWYER WORK HOURS
289
E ANALYSIS OF SATISFACTION
297
73
299
129
300
F ANALYSIS OF VIEWS OF FAIRNESS
305
164
308
228
310
G ANALYSIS OF CASE MONETARY OUTCOMES
311
215
313
H MAGISTRATE JUDGE SURVEY RESPONSES
317
96
320
MEDIATOR SURVEY RESPONSES
329
J NEUTRAL EVALUATOR SURVEY RESPONSES 341
335
K LAWYER RESPONSES ON CASES IN MEDIATION DISTRICTS
353
217
359
173
362
99
365
LAWYER RESPONSES ON CASES IN NEUTRAL EVALUATION
371
218
374
175
375
LITIGANT RESPONSES ON CASES IN MEDIATION DISTRICTS
389
220
394
134
398
N LITIGANT RESPONSES ON CASES IN NEUTRAL EVALUATION
407
Bibliography
425
221
429
ICJ Publications
439
135
440
109
444
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