ADR Research Guide
Is Alternative Dispute Resolution Effective?
ADR can be effective in many disputes, but there is no meaningful single success rate for all ADR. Whether a study applies to your situation depends on what it measured, where and for whom.
Quick answer
Is ADR Effective?
- ADR can be effective in many disputes, but there is no meaningful single success rate for all ADR.
- Effectiveness can mean settlement reached, time to resolution, cost or participant satisfaction.
- It can also mean compliance, durability of the agreement or fewer disputed issues.
- Any statistic should name its source, population, ADR type, time period and outcome measured.
Seven questions
Before Using an ADR Statistic, Ask
Seven questions to ask before relying on an ADR statistic.
What process?
What type of dispute?
What jurisdiction or program?
What time period?
What does "success" mean?
How many cases?
Who produced the data?
Definitions
"Success" Means Different Things
A program may report settlements reached. Another may report satisfaction or time saved. These are different outcomes and cannot be swapped for each other.
Method
What a Reliable Statistic Should Identify
- Source
- Population studied
- ADR type
- Time period
- Outcome measured
Limits
Why One Study Is Not the Whole Picture
Results from one mediation program, one court, one study or one arbitration provider do not become a universal ADR success rate. People who choose ADR may also differ from those who do not, which affects comparisons with litigation.
Context
Family Disputes Have Their Own Context
California court-connected custody mediation is a distinct program under Rule 5.210. Its results should not be mixed with private civil mediation or arbitration data. See What Is the ADR Process?
Legal note
Whether ADR fits a specific dispute is a judgment for counsel, not a statistic.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS does not publish ADR success rates. In disputes involving treatment or monitoring, ETS can coordinate those services and authorized documentation.
Responsibilities
Who Does What?
Researchers / programs
Define and report what they measured.
Counsel
Advises whether a process fits.
Mediator / arbitrator
Runs the selected process.
ETS
Coordinates treatment, testing and records.
Questions
ADR Effectiveness: Frequently Asked Questions
Sources & Legal References
California Courts
Confidential consultation
Clinical Issues in a Dispute?
ETS can coordinate treatment, testing and records while counsel handles the dispute.
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