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Alternative Dispute Resolution at the Department of Justice

Statistical Summary: Use and Benefits of Alternative Dispute Resolution by the Department of Justice

This data is based on detailed case reports submitted by the lead trial counsel in all cases in which a private neutral conducted an ADR process in Department litigation across the country.

Category TOTALS
2013 2012 2011 2010 2009 2008
Success Rates for ADR
Voluntary ADR Proceedings 75%
69% Resolved 73% Resolved 77% Resolved 78% Resolved 79% Resolved
Court-Ordered Proceedings 49% Resolved 49% Resolved 53% Resolved 46% Resolved 42% Resolved 51% Resolved
  •    Cases in Which ADR Achieved Benefits

    This category includes unresolved cases in which there were non-quantifiable gains such as narrowing of trial issues, resolution of discovery disputes or progress towards settlement.

  • 59% 63% 86% 73% 83% No Data
    Quantified Benefits of ADR
  •    Litigation or Discovery Expenses Saved

    This category includes actual costs avoided due to settlement through ADR, including, for example: costs associated with further discovery and depositions; expert witness costs for depositions, exams, reports and trial testimony; trial exhibits; witness costs for trial attendance, etc.

  • $35,077,997 $12,618,450 $12,185,750 $11,992,250 $5,940,287 $3,387,750
  •    Days of Attorney/Staff Time Saved

    This category includes full work days of attorneys and staff which were saved because of successful ADR and includes, for example: further discovery required for trial; preparing witnesses and exhibits for trial; trial motions, etc.

  • 14,553 Days 9,047 Days 14,656 Days 12,084 Days 5,829 Days 23,010 Days
  •    Months of Litigation Avoided

    This category refers to the amount of time the case would have remained active on the court's docket if the case had not been resolved through ADR.

  • 2,692 Months 1,516 Months 1,231 Months 915 Months 849 Months 661 Months
    DOJ Support ADR
    Expenditures for Mediation Services $1,816,177 $1,198,128 $1,931,900 $1,531,879 $1,141,103 $1,362,320
    Number of Case Authorized for ADR Funding 504 540
  •    470

    The lower figure in 2011 includes only new cases funded and does not include cases in which continuing funding was provided for cases initiated in prior years.

  • 598 528 522

    Updated: January 2014