Inside the Caucus: An Empirical Analysis of Mediation from Within

  title={Inside the Caucus: An Empirical Analysis of Mediation from Within},
  author={Daniel Klerman and Lisa Klerman},
  journal={Experimental \& Empirical Studies eJournal},
This article provides a glimpse into the worlds of mediation and settlement negotiation. Because they are almost always private, there has been relatively little empirical analysis of the dynamics of settlement or mediation. This article analyzes a unique data set derived from a mediator's contemporaneous notes of mediations involving employment disputes, such as claims of discrimination or wrongful termination. Although the data set includes more than 400 cases, since they were all mediated by… 

Remedies and Respect: Rethinking the Role of Federal Judicial Relief

Plaintiffs bringing civil lawsuits often express sentiments like “I just wanted the defendants to admit they were wrong” and “we’re worth something and can’t be treated this way.” These statements

Commercial Mediation in New Zealand: Towards a Methodology for Measuring Success

This paper attempts to propose a new direction for the empirical study of commercial mediation in New Zealand. Specifically, this paper proposes that a new methodology is required for the measurement

Managing a conflict: optimal alternative dispute resolution

We study optimal methods for Alternative Dispute Resolution (ADR), a technique to achieve settlement and avoid costly adversarial hearings. Participation is voluntary. Disputants are privately

Artimoje aplinkoje įvykusių smurtinių konfliktų mediacija: mediatorių patirtis

Daugelyje pasaulio valstybių mediacija taikoma sprendžiant žalos atlyginimo atvejus bei kitus nesunkius ir be smurto apraiskų atvejus. Lietuvoje laikomasi priesingos pozicijos: remiantis 2018 m.



An Empirical Investigation of Settlement and Litigation - The Case of Taiwanese Labor Disputes

Using newly collected data on labor disputes in Taiwan, we study the characteristics of cases settled out of court, cases dropped after settlement fails, and cases actually brought to court. We find

Mediation Success: An Empirical Analysis

Increasingly, lawyers seem to be exploring a range of alternative dispute resolution ("ADR") processes aimed at settling controversies without the courts and without binding arbitration. 1 The range

The effectiveness of mediation: An independent analysis of cases handled by four major service providers

A study of 449 cases administered by four major providers of ADR services showed that mediation was capable of settling 78 percent of cases, regardless of whether the parties had been sent to

Economic Analysis of Law

This entry for the forthcoming The New Palgrave Dictionary of Economics (Second Edition) surveys the economic analysis of five primary fields of law: property law; liability for accidents; contract

See Table 5. 14 CELA is the California Employment Lawyers Association

    settlement rate "not affected by whether the case went to mediation voluntarily or not"). For more of the literature on court-ordered mediation and its success rate

    • 12 Negotiation Journal
    • 1996

    20% settled and 9% partially settled. Overall settlement rate in mediated settlement conferences recorded by the North Carolina Administrative Office of the Courts was

    • J. Disp. Resol
    • 2007

    survey of construction industry mediations found 57.4% settlements and 8.4% partial settlements

    • Ohio State J. Disp. Resol
    • 1996

    An additional 23% percent use ambiguous "hybrid" techniques, either alone or in combination with facilitative or evaluative techniques. Id