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Dispute Resolution And The Vanishing Trial: Comparing Federal Government Litigation And Adr Outcomes, Lisa Blomgren Bingham, Tina Nabatchi, Jeffrey Senger, Michael Scott Jackman
Dispute Resolution And The Vanishing Trial: Comparing Federal Government Litigation And Adr Outcomes, Lisa Blomgren Bingham, Tina Nabatchi, Jeffrey Senger, Michael Scott Jackman
Lisa Blomgren Bingham
This study compares litigation and alternative dispute resolution (ADR) in civil cases handled by Assistant United States Attorneys (AUSAs) during the period 1995 to 1998. The findings indicate that that use of ADR can be an efficient and effective procedural solution to the problems of time and cost in the justice system without sacrificing the quality of macrojustice. When ADR was used, 65% of cases settled (only 29% of cases settled when it was not used). Significantly more cases settled when ADR was voluntary than when it was mandatory (71% vs. 50%), and tort cases settled with more frequency than …