CAADRS / Studies & Articles

Studies, Articles and Evaluations

The following is a compilation of downloadable studies, articles, and other resources that are particularly useful for those interested in court-related ADR in Illinois. Further resources are available in our bibliographies and Resource Center. To suggest additions, please contact CAADRS.

Topics include: Mediation , Arbitration and General ADR in Illinois state courts, programs in other state courts , federal courts , and other issues .

STATE COURTS - ILLINOIS

General ADR

Summary of Court-Related ADR in Illinois

Jennifer E. Shack and Danielle Loevy. CAADRS, 2001-2005

This article offers a detailed summary of all court-related ADR programs in Illinois as well as relevant statutes and rules.

Inventory of Dispute Resolution Programs in Illinois

Illinois Supreme Court, 1991.

This is a summary of a report by the ADR Coordinating Committee, which surveyed and compiled detailed information regarding all court-related ADR programs in Illinois.

Mediation

Accessing Justice: Pathways for Poor and Low-Income Disputants

Susan M. Yates, et al., 2007

This study examines the potential for using mediation to enhance access to justice for poor and low-income disputants in Illinois.

An Evaluation of the Second Judicial Circuit of Illinois Pilot Judicial Mediation Program for Custody and Visitation Disputes in Crawford, Edwards, Lawrence, Richland, Wayne, and White Counties

Jennifer Shack, 2006

The Second Judicial Circuit has established a unique program in which a sitting judge mediates custody and visitation disputes. This is an evaluation of the program in its first fifteen months.

Mediation Can Bring Gains, But Under What Conditions?

Jennifer Shack. Dispute Resolution Magazine, 2003.

This article summarizes the findings of a survey of more than 60 studies of court mediation programs and discusses the need to refocus the research on court mediation to the conditions under which mediation is most likely to be effective.

The Uniform Mediation Act: Raising New Issues for Court ADR Programs

Susan M. Yates. Analyzing the Alternatives, 2003

The UMA was signed into law in Illinois in 2003. This article discusses its provisions and examines what they mean for court mediation programs in Illinois.

Mediator Standards: One Size Does Not Fit All

Susan M. Yates. Analyzing the Alternatives, 2002

Written by a member of the joint committee that is revising the Standards of Conduct for Mediators, this article discusses the issues judges should consider when developing standards for mediators in their jurisdictions. The article focuses on four dimensions of court mediation programs - proximity, sophistication, choice of mediator, and coercion - as they relate to mediator skills and ethics.

A Study of Court Rules for Custody and Visitation Mediation in Illinois

Carol Nolan. CAADRS, 1999.

This study surveys the court rules and procedures for child custody and visitation mediation programs in Illinois judicial circuits. It specifically looks at mediator qualifications, confidentiality, conflict of interest, and domestic violence issues.

ADR in Heartland, USA: The Illinois Mediation Experience

Hon. Carl F. Henninger and Susan M. Yates. The Expert, 1997.

This article notes that mediation is not a substitute for judicial decision-making, but has the potential to be a fair, cost-effective method that offers parties a possibly quicker and easier alternative to traditional litigation. The authors stress that judicial leadership is necessary in introducing mediation, and that successful mediation programs require a subtle shift in the legal culture.

Mediation: A Fair and Efficient Alternative to Trial

Lynn Cohn. DuPage County Bar Association Brief, 1996.

This article examines the Major Civil Case Mediation Pilot Program in Winnebago County, Illinois. It provides a summary of the mediation process and mediator styles in this program, as well as settlement rates.

Major Civil Case Mediation Pilot Program: 17th Judicial Circuit of Illinois Preliminary Report

Keith Schildt, James J. Alfini and Patricia Johnson. Northern Illinois University, 1994.

This study evaluates the impact of the pilot mediation program for major civil cases that was initiated in the 17th Judicial Circuit of Illinois in 1993. The major civil mediation pilot program was introduced to focus on civil cases over $30,000.

Arbitration

A Lawyer’s Guide to Mandatory Arbitration in Illinois

Celia Guzaldo Gamrath. Illinois Bar Journal, 1998.

This article examines the statutes, rules, and case law that govern mandatory civil arbitration in Illinois. It specifically looks at the right to reject an arbitration award, sanctions debarring the ability to reject an award, and the timing of request for attorney fees.

ADR Quarterly

18th Judicial Circuit Court-Annexed ADR Program

A quarterly newsletter for panel arbitrators and others interested in arbitration in DuPage County

STATE COURTS - OTHER STATES

Court-Ordered Civil Case Mediation in North Carolina: An Evaluation of Its Effect

Steven H. Clarke, Elizabeth D. Ellen and Kelly McCormick. Institute of Government, UNC, 1996.

This is a comprehensive study of a court-ordered mediation pilot program. The program operates in 13 North Carolina counties, four of which were analyzed intensively for this study. The study looked at participation rates, settlement rates, satisfaction, and cost savings to litigants.

FEDERAL COURTS

What Happens To Cases That Don’t Settle?

Hon. Geraldine Soat Brown. Dispute Resolution Magazine, 2005

This article looks at cases that did not settle in settlement conferences conducted by a magistrate judge in U.S. District Court.

Civil Case Mediation Program, U.S. District Court for the Northern District of Illinois (Western Division) Interim Evaluation

Jennifer Shack, CAADRS 2004

A study of the first year of the first civil case mediation program in the federal courts in Illinois. It looks at referral rate, resolution rate, time from referral to mediation, and participant satisfaction.

Judicial Settlement Databases: Development and Uses

Hon. Morton Denlow and Jennifer Shack. Judges’ Journal, 2004

An article outlining the development and use of a database to track information on completed settlements, which is used by judges to assist in the successful settlement of cases.

An Evaluation of the Lanham Act Mediation Program in the U.S. District Court for the Northern District of Illinois

Susan Yates and Jennifer Shack. CAADRS, 2000

This study looked at court records and survey data to determine: 1) the actual number of mediations being done in the Lanham Act Mediation Program and 2) attitudes of lawyers and neutrals toward the program and toward mediation in general.

Mediating Lanham Act Cases: The Role of Empirical Evaluation

Jennifer Shack and Susan Yates. Northern Illinois University Law Review, 2002

A product of CAADRS’ evaluation of the Lanham Act Mediation Program in the U.S. District Court for the Northern District of Illinois, this article summarizes the findings of an evaluation of the Lanham Act Mediation Program in the U.S. District Court for the Northern District of Illinois. It then places this evaluation in the context of study design and the importance of evaluation in ensuring a high quality of justice for participants in court mediation programs.

Lanham Act Mediation Program in the U.S. District Court for the Northern District of Illinois

Ted Newman, 1999.

This speech outlines the administrative aspects of the Lanham Act Mediation Program in the Northern District of Illinois, including disposition time, the qualification of mediators, and the percentage of cases in which the parties pursue mediation.

Steps to an Effective Settlement Conference

Hon. Morton Denlow, U.S. District Court for the Northern District of Illinois.

Three articles outline the procedures court and counsel should follow in order to have a more productive and efficient settlement conference. They are useful to members of the bar or bench who participate in settlement conferences.

OTHER

Creating a Successful Major Civil Case Mediation Program

Susan M. Yates. CAADRS, 1998, 2003.

This article presents some of the lessons that have been learned throughout the state of Illinois in the implementation of major civil case mediation programs since 1993. These lessons include knowing the goal of the program, knowing the mediation program model that will best fit the specific circuit and its goals, know the court’s role, and do everything possible to ensure participation by the bench, the bar, and the mediators.

National Standards for Court-Connected Mediation Programs

Margaret Shaw, Linda R. Singer, Edna A. Povich. Center for Dispute Settlement, Institute of Judicial Administration

This report summarizes the conclusions of a joint project of the Center for Dispute Settlement in Washington, D.C. and the Institute of Judicial Administration in New York City. It provides model standards for court-connected mediation programs to guide and inform courts interested in initiating, expanding or improving mediation programs to which they refer cases.

What Is Court-Related ADR?

If you are new to ADR and want to find out more, the American Bar Association Guide to Dispute Resolution Processes is a good place to start.

BIBLIOGRPAHIES

Bibliographic Summary of Cost, Pace, and Satisfaction Studies of Court-Related Mediation Programs, 2nd Edition

Jennifer E. Shack, CAADRS, 2003, 2007

This bibliography annotates the method and findings of more than 70 studies of court mediation programs in North America. The focus is on cost, pace, and satisfaction; however, there are a few family studies that look at mediation’s impact on family relationships, as well as some studies of victim-offender mediation programs that examine their impact on recidivism and restitution.

Bibliography of Selected Resources

This is an annotated list of some of the better resources on court-related ADR. It encompasses program development, program evaluation, advocacy, and general texts on ADR.