This report explains the effects of civil ADR on courts, litigants and the public. It also makes recommendations to expand the positive effects and minimize the negative effects of civil ADR.

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 1992-1995.

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 were from the state court (which covers civil cases not under the jurisdiction of the 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.