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The Effects of Mandatory Mediation: Empirical Research on the Experience of Small Claims and Common Pleas Courts
Wissler, Roselle L.. Willamette Law Review, 33: 565-604, 1997
"This article reports research in two different court settings: small claims courts and common pleas courts. First, it examines the theoretical and empirical differences between mediation and adjudication, discusses the factors leading to the adoption of mandatory mediation programs and the concerns raised about them, and reviews prior research on mandatory mediation. Next, it reports the findings of two studies that compare mandatory and voluntary mediation in terms of case outcomes and parties' and attorneys' evaluations. These studies reveal few differences between mandatory and voluntary mediation and between the assessments of male versus female litigants and white versus nonwhite litigants in mandatory mediation" (p. 566).
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Willamette University College of Law
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