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

Abstract

In recent years, many members of the legal establishment, including judges, lawyers, and disputants, have expressed concern over perceived inadequacies in traditional adjudicative procedures for dispute resolution. These concerns have led to the development of a wide variety of "alternative" dispute resolution procedures, including settlement conferences, mediation sessions and court-annexed arbitration. Both proponents and skeptics about such procedures for the "alternative" resolution of disputes have recently become interested in examining their quality.