Efficient and Successful ADR in Appellate Courts: What Matters Most?

Abstract

If part of the goal of ADR is efficient resolution of legal disputes without trial, it is important to evaluate the effectiveness of ADR programs. This article analyzes whether the referral process and characteristics of court-sponsored ADR programs contributes to the success rates of ADR programs in state intermediate appellate courts. Using data on 706 appeals in 19 appellate courts, this article finds evidence that case-level criteria used to screen appeals do not play a significant role in success rates, but that a higher degree of court oversight leads to better success in appellate court ADR. The article suggests that a heightened amount of control by a court over its program through the use of court staff, court facilities, and mandatory mediation requirements produces more efficient and successful use of ADR.