Resolution Systems InstituteResolution Systems InstituteMenuDonate
  • Home
  • About
    • Overview
    • Mission
    • People
    • History
    • Awards
    • Success Stories
    • Careers
    • Support RSI
  • Our Work
    • Overview
    • Services Offered
    • Program Design
    • Program Administration
    • Research & Evaluation
    • Resource Center
    • Training & Outreach
    • ADR Programs Administered
    • Child Protection Mediation
    • Foreclosure Mediation
  • Resource Center
    • Overview
    • Library Search
    • Court ADR Basics
    • Court ADR Across the US
    • Court ADR Across Illinois
    • Special Topics
    • Model Surveys
    • Peer Review Tools
    • Guide to Program Success
    • Mediation Efficacy Studies
  • Publications
  • Blog
  • Contact
  • Donate
Combined ShapeBack to search results

Alternative Dispute Resolution in a Bankruptcy Court: The Mediation Program in the Southern District of California

Hartwell, Steven; Bermant, Gordon. Jan. 1, 1988

This study examines judge and attorney attitudes toward the mediation program, including whether mediation saved litigants time and money. To determine this, judges, court clerk, mediators, and lawyers were interviewed. In addition, an examination was conducted of case files of all cases sent to mediation over 15 months. Attorneys believed that mediation saved their and their clients' time and saved their clients money. The mediation program was found to move proceedings off the pretrial status conference calendars. Cases attorneys thought to be amenable to mediation were those involving small amounts of money, cases with limited issues that dealt with fact, and cases in which extensive discovery had not yet been done.

Description of Study: Study looking at judge and attorney attitudes toward the mediation program, including whether mediation saved their clients time and money.

Method: Interviewed judges, court clerk, mediators, and lawyers. Examined case files of all cases sent to mediation over 15 months.

Comparative: No

Sample Size: 80 Cases

Variables Examined: Opinions of judges, mediators, and lawyers regarding how well the program was functioning, what cases were amenable to mediation, whether mediation saved litigants time or money

Program Variables: The program was voluntary, with cases referred by the judge. Mediators were volunteers who were experienced bankruptcy attorneys with no mediation training; attorneys chose the mediator. The program had been newly established at the time of the study. The mediation process used was evaluative, with parties present only at the opening statement.

Findings: Attorneys believed that mediation saved their and their clients' time and saved their clients money. The mediation program was found to move proceedings off the pretrial status conference calendars. Cases attorneys thought to be amenable to mediation were those involving small amounts of money, cases with limited issues that dealt with fact, and cases in which extensive discovery had not yet been done.

11 E Adams Street, Suite 500, Chicago, IL 60603

  • 312.922.6475
  • info@aboutrsi.org

Sign up for more information!*

Thank you!

Sorry, a problem occured. Please try again.

  • © 1998-2019 RSI
  • *By signing up for more information you agree to RSI's Disclaimer, Privacy & Copyright policy.
  • Facebook
  • Twitter
  • LinkedIn

To give you the best possible experience, this site uses cookies. If you continue browsing, you accept our use of cookies and agree to our Disclaimer, Privacy & Copyright policy.

Learn More