In the 1980s, as a consultant to RAND\u27s Institute for Civil Justice, I joined Deborah Hensler, Allan Lind, Robert MacCoun, William Felstiner, Tom Tyler, and Patricia Ebener in seeking to learn how litigants viewed their experiences with courtbased processes. We surveyed litigants whose cases had been resolved through trials, court-annexed arbitrations, judge-run settlement conferences, and bi-lateral negotiations between lawyers.\u27 We found that litigants cared about process: they reported less satisfaction with processes in which they took no part and more satisfaction with processes in which they could participate. Contrary to some lore that litigants were alienated by trial-like procedures, the litigants whom we studied reported tha...
In the 25 years since the Pound Conference, federal and state courts throughout the country have ado...
Law and economics models of litigation settlement, based on the behavioral assumptions of rational c...
Grounded in interpretive theory and offering interdisciplinary insights from sociological, psycholog...
In the 1980s, as a consultant to RAND\u27s Institute for Civil Justice, I joined Deborah Hensler, Al...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Previous research examining disputants’ preferences for mediation over more formal adjudicative proc...
Little is known about the reactions of tort litigants to traditional and alternative litigation proc...
Although portions of the United States economy have begun to recover from the economic crisis that t...
Representation is hallowed in American jurisprudence. Under the adversary approach manifested in the...
Across the country, people who file lawsuits are being diverted from adjudication to mediation. Wher...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
article published in law journalProfessor Deborah Hensler tells an important cautionary tale about m...
The United States is commited to increasing institutionalized use of alternative dispute resolution ...
This Article challenges a basic premise that litigants and their attorneys broadly understand and de...
While mediation is often thought to decrease trial rates, reduce costs to courts and litigants, spee...
In the 25 years since the Pound Conference, federal and state courts throughout the country have ado...
Law and economics models of litigation settlement, based on the behavioral assumptions of rational c...
Grounded in interpretive theory and offering interdisciplinary insights from sociological, psycholog...
In the 1980s, as a consultant to RAND\u27s Institute for Civil Justice, I joined Deborah Hensler, Al...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Previous research examining disputants’ preferences for mediation over more formal adjudicative proc...
Little is known about the reactions of tort litigants to traditional and alternative litigation proc...
Although portions of the United States economy have begun to recover from the economic crisis that t...
Representation is hallowed in American jurisprudence. Under the adversary approach manifested in the...
Across the country, people who file lawsuits are being diverted from adjudication to mediation. Wher...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
article published in law journalProfessor Deborah Hensler tells an important cautionary tale about m...
The United States is commited to increasing institutionalized use of alternative dispute resolution ...
This Article challenges a basic premise that litigants and their attorneys broadly understand and de...
While mediation is often thought to decrease trial rates, reduce costs to courts and litigants, spee...
In the 25 years since the Pound Conference, federal and state courts throughout the country have ado...
Law and economics models of litigation settlement, based on the behavioral assumptions of rational c...
Grounded in interpretive theory and offering interdisciplinary insights from sociological, psycholog...