Comments on: The “Natural” Settlement Rate and Court-Connected ADR http://cobbmediation.wordpress.com/2008/11/07/the-natural-settlement-rate-and-court-connected-adr/ Insights into dispute resolution theory and practice from The Center for Legal Solutions, Inc. Sun, 15 Feb 2009 20:37:58 +0000 http://wordpress.com/ hourly 1 By: cobbmediationllc http://cobbmediation.wordpress.com/2008/11/07/the-natural-settlement-rate-and-court-connected-adr/#comment-17 cobbmediationllc Mon, 15 Dec 2008 20:58:54 +0000 http://cobbmediation.wordpress.com/?p=48#comment-17 Our analysis of settlement rates in court with mandatory ADR programs is based on empirical data. By grounding our analysis in fact, we hope to avoid sharing mere opinions. The data shows that parties to cases in Georgia's state, superior and magistrate courts that are referred to mandatory ADR are settling out of court at an increasing rate prior to mediation. To really help families with conflict, we should consider families who are increasingly settling out of court prior to mandatory mediation. When a court orders mediation, they may be forced to pay for the mediator's time as well as their attorney's time, and this financial burden may compel them to settle matters rather than pay the high cost of justice. It is important to allow facts to inform and influence our opinions. Policies enacted with the intent of helping people may not actually achieve their desire result in practice. Our analysis of settlement rates in court with mandatory ADR programs is based on empirical data. By grounding our analysis in fact, we hope to avoid sharing mere opinions. The data shows that parties to cases in Georgia’s state, superior and magistrate courts that are referred to mandatory ADR are settling out of court at an increasing rate prior to mediation.

To really help families with conflict, we should consider families who are increasingly settling out of court prior to mandatory mediation. When a court orders mediation, they may be forced to pay for the mediator’s time as well as their attorney’s time, and this financial burden may compel them to settle matters rather than pay the high cost of justice.

It is important to allow facts to inform and influence our opinions. Policies enacted with the intent of helping people may not actually achieve their desire result in practice.

]]> By: Carolee http://cobbmediation.wordpress.com/2008/11/07/the-natural-settlement-rate-and-court-connected-adr/#comment-16 Carolee Mon, 15 Dec 2008 19:10:22 +0000 http://cobbmediation.wordpress.com/?p=48#comment-16 The phrases "burden of court-ordered mediation and "reluctant to endure" are are certainly great examples of how to shape perception and opinion through negative language. Although this shows some skill in public relations, it does not help the families struggling with conflict. The amazingly weak financial argument against mediation assumes that families are not expected to shoulder the "burden" of paying for their attorneys. The phrases “burden of court-ordered mediation and “reluctant to endure” are are certainly great examples of how to shape perception and opinion through negative language. Although this shows some skill in public relations, it does not help the families struggling with conflict.

The amazingly weak financial argument against mediation assumes that families are not expected to shoulder the “burden” of paying for their attorneys.

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