The Relative Significance of Disputing Forum and Dispute Characteristics for Outcome and Compliance

Abstract

In a recent study of small claims mediation and adjudication in an Ontario court, Vidmar introduced the concept of admitted liability (1984). He argued that it is this case characteristic and not the forum type that accounts for the greater likelihood of accommodative settlements in mediation than in adjudication, as well as the higher rates of compliance with mediated outcomes. This article reanalyzes some of Vidmar's data in conjunction with both previously reported and new data about small claims cases in Maine. We conclude that the forum type remains a stronger predictor of case outcome and compliance than any case characteristic. However, the data do support Vidmar's alternative hypothesis that case characteristics help specify the relationships between forum type, on the one hand, and outcome and levels of compliance on the other.