This article discusses findings of a multi-jurisdictional study that examines what criteria civil litigants consider when selecting procedures. The research is based on surveys of litigants in California, Oregon, and Utah that had mediation and arbitration options available.
For this study, 335 litigants were surveyed soon after their case was filed. Litigants were asked how they would decide which dispute resolution process to use. Three weeks after their case closed, litigants were surveyed again about the process they used and the reasons they had used them. The research revealed that the primary motivators for a litigant’s decision regarding which process to use were advice of legal counsel and a desire to minimize economic costs. Noting the impact that counsel’s advice has on litigants, the author encourages attorneys to attempt to understand their clients’ interests, values, and objectives before they share their evaluation of the procedures available.
This article is the fourth in a series of articles presenting different aspects of the author’s research into the decision-making of litigants in civil cases. Previous articles reported that litigants prefer mediation, looked at what they wanted from a dispute resolution process, and discussed their lack of awareness of what options were available to them.