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Updated Compendium Highlights New Empirical ADR Studies

Jennifer Shack, March 31st, 2021

James Coben and Donna Stienstra have updated their comprehensive list of empirical studies of alternative dispute resolution-related topics to include studies published through fall 2020. Each listed study includes an abstract. The list includes 

  • apology
  • arbitration
  • conflict resolution theory and design
  • courts and litigants
  • ethics/deception
  • facilitation
  • mediation
  • negotiation
  • ombuds
  • online dispute resolution
  • persuasion
  • restorative justice

Some interesting additions to the list are described below.

Unintended Consequences: The Regressive Effects of Increased Access to Courts 

Anthony Niblett & Albert H. Yoon, Journal of Empirical Legal Studies 14(1): 5-30 (March 2017)

Niblett and Yoon found that when small claims limits were increased from $10,000 to $25,000 in Ontario, the demographics of those filing claims changed. Although the number of claims did not increase significantly, the proportion of plaintiffs from richer neighborhoods increased, while the proportion from poorer neighborhoods declined. They offer potential reasons for why this occurred.

Professionalism and Ethics in Family Law: The Other 90%

Deanne Sowter, Journal of Arbitration and Mediation 6(1): 167-218 (2016)

In this article, Sowter looks to contribute to the discussion about what it means to behave ethically in family law ADR by presenting empirical research obtained through roundtable discussions with mediators, collaborative lawyers and settlement-focused negotiators.

Mediation Strategies in the Face of Custody Conflicts

Wenke Gulbrandsen, Hanne Haavind & Odd Arne Tjersland, Conflict Resolution Quarterly 36(4): 293-309 (Summer 2019)

The authors analyzed mediator initiatives and responses on six dimensions: the topics that were addressed, how the agenda for the sessions was decided, focus on agreement versus relational topics, oral versus written orientation, limited versus generous time and parental versus system focus. They found that effective mediators handled these dimensions with flexibility, recognized and validated both parents’ perspectives, accepted and explored differences, differentiated topics, focused on relational issues when needed, tracked the process by written summaries and encouraged testing solutions.

Ask in Person: You’re Less Persuasive Than You Think Over Email

M. Mahdi Roghanizad & Vanessa K. Bohns, Journal of Experimental Social Psychology 69: 223-226 (March 2017)

Of possible relevance to the growth in asynchronous, text-based online dispute resolution, this study found that people overestimated the probability that people would comply with their emailed request. Study findings suggest that requesters fail to recognize the suspicion, and resulting lack of empathy, with which requestees view email requests from strangers. 

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