What Difference Does ADR Make? Comparison of ADR and Trial Outcomes in Small Claims Court

34 Conflict Resolution Quarterly (2017).

U of Maryland Legal Studies Research Paper No. 2017-17

47 Pages Posted: 17 Jul 2017

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

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Date Written: July 7, 2017

Abstract

This study compares the experience of small claims litigants who use alternative dispute resolution (“ADR”) to those who proceeded to trial without ADR. ADR had significant immediate and long-term benefits, including improved party attitudes toward and relationship with each other, greater sense of empowerment and voice, increases in parties taking responsibility for the dispute, and increases in party satisfaction with the judiciary. Cases that settled in ADR also were less likely to return to court for an enforcement action within the next year.

Keywords: ADR, empirical, Maryland courts, negotiated agreements, settlements, small claims court

Suggested Citation

Charkoudian, Lorig and Eisenberg, Deborah Thompson and Walter, Jamie, What Difference Does ADR Make? Comparison of ADR and Trial Outcomes in Small Claims Court (July 7, 2017). 34 Conflict Resolution Quarterly (2017)., U of Maryland Legal Studies Research Paper No. 2017-17, Available at SSRN: https://ssrn.com/abstract=2998784

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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