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Quality of Dispute Resolution Processes and Outcomes: Measurement Problems and Possibilities

NCJ Number
Denver University Law Review Volume: 66 Issue: 3 Dated: (1989) Pages: 419-436
T R Tyler
Date Published
18 pages
This article discusses the issues involved in evaluating the quality of alternative dispute resolution procedures and in comparing them with dispute resolution in traditional court systems.
Many cases destined for trial in traditional court systems are settled through informal negotiations outside the courtroom. These informal procedures are sometimes replaced by alternative dispute resolution procedures. However, it is important not to use traditional or trial-based systems as criteria against which to evaluate alternative dispute resolution procedures. Instead, evaluation should define the goals of the justice system and measure how well various procedures achieve those goals. One aspect of the evaluation should consider how many problems are not or cannot be solved through alternative dispute resolution systems. Additionally, alternative dispute resolution procedures should be examined for their economies of cost and time as well as for litigant satisfaction and the quality of outcomes. A major goal of alternative dispute resolution techniques should be community education: teaching adults to manage conflict. 55 footnotes.