NCJ Number
97866
Date Published
1984
Length
25 pages
Annotation
This evaluation of court-administered arbitration in California found that the program has provided some objective benefits since its legally mandated initiation in 1979, particularly to courts, and, in any case, appears to cause no harm.
Abstract
The evaluation focused on the extent of use of arbitration, the speed of dispositions, and the costs in its first year of court-mandated use, 1980. It also considered satisfaction levels of attorneys and litigants. Caseload data were gathered from the 12 large courts, and implementation was studied in detail in 6 courts. Interviews were conducted with judges, court administrators, arbitration administrators, attorneys, and arbitrators. Results show that in its first year, the program diverted about 24,000 cases from the trial calendar onto the arbitration track. About 60 percent of all money damage suits were assigned to the arbitration track in the courts using the program. These cases represented just over 20 percent of the civil caseload. Under the most optimistic assumptions, the savings were about 5 percent of the State's judge-years in 1980. The average net saving in court expenses per case during the first year was $125, for a total of $3 million for the program. Although disposition times varied widely, arbitration produced dispositions considerably faster than those waiting for mandatory assignment or those not assigned to arbitration. Interviews with plaintiff and defense attorneys showed that attorneys experienced benefits of less time per case and perceived that the awards were comparable to those that would have been received from a jury. They reported that their clients were satisfied as well. The program will probably become a permanent part of the justice system. Tables, a figure, and 14 footnotes are supplied.