New York County Lawyers Association Committee on Arbitration and ADR Comments on Success of ADR Program in United States District Court for the Eastern District of New York Offer Encouragement to Users of ADR and Suggest Action by Corporate Counsel

3 At the request of the Judicial Conference, pursuant to the Civil Justice Reform Act of 1990 (the “CJRA”), 28 U.S.C. Sections 471-482, RAND Institute for Public Justice engaged in a study of implementation of the CJRA, producing four separate reports, including one on ADR in the EDNY and five other pilot districts entitled “An Evaluation of Mediation and Early Neutral Evaluation Under the Civil Justice Reform Act.” RAND concluded that it could not find a strong statistical evidence on issues relating to time and cost savings in ADR, apparently, in large part due to a small rate of returns of litigant survey responses, the fact that the case sample studied was drawn from the early months of the ADR programs, that many of the questions concerning time and cost called for explanations that related generally to case management rather than specifically to ADR processes, and similar factors. RAND recognized that study of these issues is in its preliminary stages and would require further refinement not only in the studies but also in the implementation of the ADR programs.

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