Originally from Alternatives to the High Cost of Litigation

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Millions of civil litigants seek relief through state courts each year. Unfortunately, the economic downturn sharply increased how long they must wait for trial and decreased the resources needed to offer mediation, arbitration, and other alternatives. Donna Shestowsky, “The Psychology of Procedural Preference: How Litigants Evaluate Legal Procedures Ex Ante,” 99 Iowa L. Rev. 637, 640 (2014) (providing examples of courts and alternative dispute resolution programs that have been negatively affected due to the economic downturn) (referred to below as “Psychology of Procedural Preference”).

One way to alleviate the stresses such changes have caused for litigants and court personnel involves better understanding the aspects of dispute resolution procedures that appeal to litigants. If legal actors can better anticipate and meet the needs of litigants, we should expect greater efficiencies in the administration of civil justice.