Description of Study: Evaluation of the impact of Minnesota Supreme Court Rule 114 (requiring attorneys to consider ADR in every civil case and discuss it with their clients and opposing counsel) on the use of mediation in Minnesota.
Method: In-depth personal interviews with 23 civil litigators. From this data, a questionnaire was developed and sent to 1000 attorneys in all 10 judicial districts. The attorneys were randomly selected and proportioned according to the district’s caseload.
Comparative: No
Sample Size: 748 of 1000 attorneys responded to the survey
Variables Examined: Attorney attitudes about mediation and their use of the process
Program Variables: Program was in existence more than 10 years at the time of study.
Case types: Civil
Findings: Attorneys chose mediation because it saved litigation expenses (67.9%) and because it made settlement more likely (57.4%). However, they did not think it reduced their workload. Mediation as compared to litigation process: 46.7% said it saved attorney time, 26.1% said it provided greater client satisfaction, and 9.0% said it caused attorneys to make less money.