Long gone are the days when civil cases were presumed destined for trial. Since the 1990s, Alternative Dispute Resolution (ADR) has revolutionized the legal landscape, with over 95% of cases now resolving through non-trial procedures, including negotiation, mediation, and arbitration. While the historical and political context surrounding the emergence of ADR offers one explanation for its popularity, psychological factors provide another intriguing account. And, in situations where civil litigants have the autonomy to decide whether to engage in ADR, what motivates them to use it takes center stage. This chapter synthesizes three areas of psychological research that provide insights into why individuals use ADR: laypeople’s knowledge of ADR, litigants’ procedural preferences, and factors affecting litigants’ procedural choices. Given the research suggesting that attorneys play a strong role in shaping clients' procedural decisions, the analysis concludes by calling for additional research conducted not solely from an individual perspective, as studies have done thus far, but through a dyadic lens that considers the dynamics of the lawyer–client relationship. It also highlights the importance of attorneys using empirical research on litigants’ views of dispute resolution to inform how they discuss ADR with clients.

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Why Do People Use ADR?

  • Donna Shestowsky

摘要

Long gone are the days when civil cases were presumed destined for trial. Since the 1990s, Alternative Dispute Resolution (ADR) has revolutionized the legal landscape, with over 95% of cases now resolving through non-trial procedures, including negotiation, mediation, and arbitration. While the historical and political context surrounding the emergence of ADR offers one explanation for its popularity, psychological factors provide another intriguing account. And, in situations where civil litigants have the autonomy to decide whether to engage in ADR, what motivates them to use it takes center stage. This chapter synthesizes three areas of psychological research that provide insights into why individuals use ADR: laypeople’s knowledge of ADR, litigants’ procedural preferences, and factors affecting litigants’ procedural choices. Given the research suggesting that attorneys play a strong role in shaping clients' procedural decisions, the analysis concludes by calling for additional research conducted not solely from an individual perspective, as studies have done thus far, but through a dyadic lens that considers the dynamics of the lawyer–client relationship. It also highlights the importance of attorneys using empirical research on litigants’ views of dispute resolution to inform how they discuss ADR with clients.