Document Type

Article

Publication Date

2024

First Page

1

Volume

17

Source Publication Abbreviation

American Journal of Mediation

Abstract

Alternative Dispute Resolution (ADR), particularly mediation, has become an integral component of the judicial system, promising efficiency, cost savings, and enhanced litigant satisfaction. Courts of limited jurisdiction, which handle high volumes of landlord-tenant disputes, debt collection cases, and small claims, have increasingly adopted mandatory mediation programs to alleviate docket congestion and promote settlement. This article contributes to the growing body of research on mediation in courts of limited jurisdiction by analyzing case outcomes in the Justice Court for Missoula County, Montana. Through a review of public court records from 2019-2023, we examine settlement rates, compliance with mediated agreements, and the impact of legal representation and remote mediation. Our findings reveal a significant gap between initial and ultimate settlement rates: while mediation frequently results in preliminary agreements, a substantial portion of these agreements unravel, necessitating further judicial intervention. Additionally, we find that tenant representation in landlord-tenant cases is associated with lower settlement rates, raising concerns about the voluntariness and fairness of mediated resolutions. Finally, our study provides the first empirical assessment of remote mediation in courts of limited jurisdiction, finding that settlements reached via video conference are significantly less likely to endure than those reached in person. These findings challenge common assumptions about the efficiency and effectiveness of mediation in courts of limited jurisdiction. As courts continue to expand the use of ADR, our research highlights the need for rigorous empirical analysis to ensure that mediation achieves its intended benefits without compromising procedural fairness or access to justice.

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