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Can Judges Increase Mediation Settlement Rates? Of "Coase" They Can

Wood, Naman L.J.. Ohio State Journal on Dispute Resolution, Jan. 1, 2011

This article reports results from a study exploring whether pending motions create barriers to settlement in mediation. The author analyzed 763 archival case file records from civil cases mediated in Fulton County, Georgia, from 2005 to 2008. Cases without pending motions settled 75% of the time, while those with pending motions settled only 19% of the time. However, most cases did not have motions filed prior to mediation. For the 152 cases in which motions were filed, the difference in settlement rates was even greater: 81% settled if the motion was decided prior to mediation.

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