This study examines how ADR programs interact with the civil justice system. To evaluate the impact of mediation, Hartley compared 1400 non-mediated cases to 627 mediated cases by examining court records and program files for data on referral rates, trail rates, settlement rates, and time to disposition. The study found that 34% mediated cases settled through mediation and 68% of cases settled without judicial disposition. In contrast, 59% of non-mediated cases settled. The study also revealed a higher trial rate for mediated cases and found that mediation did not affect the time to disposition.

Description of Study: Comparative study of a court mediation program in “Mountain County”, Georgia, undertaken with an interest in examining the manner in which ADR programs interact with the civil justice system.

Method: Examined court records and program files for data on referral rates and patterns, trial rates, and time from filing to case closure as well as referral to case closure.

Comparative: Yes

Comparison Groups: Cases in the court system from 1989 to 1995, cases mediated between 1992 and1995

Sample Size: 1400 non-mediated cases, 627 mediated cases

Variables Examined: Settlement rate, trial rate, time to disposition, court workload

Program Variables: Referrals were mainly from the superior court, and mainly for domestic relations cases. Some referrals from the state court (which covers civil cases not under the jurisdiction of superior court). Mediators were assigned by the ADR program director. Mediators were both attorneys and non-attorneys with 20 hours training (more if family mediators).

Findings: 34% of mediated cases settled through mediation, 68% settled without judicial disposition. In non-mediated cases, 59% settled. The trial rate was higher, however, for mediated cases (11.2% v 5.4%). Time to disposition was not affected by mediation. As referral rates never exceeded 6%, there was negligible impact on the court’s workload.