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Alternative Dispute Resolution at the Department of Justice

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Use and Benefits of Alternative Dispute Resolution by the Department of Justice

Statistical Summary: 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
  2017 2016 2015 2014 2013
Success Rates for ADR          
Voluntary ADR Proceedings 75%
75% Resolved 71%
69% Resolved 82% Resolved
Court-Ordered Proceedings 55% Resolved 52% Resolved 58%
56% Resolved 62% Resolved
  • 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.
77% 70% 73% 77% 57%
Quantified Benefits of ADR          
  • 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.
$15,521,275 $70,610,263 $14,208,626 $9,163,500 $24,809,407
  • 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.
13,886 Days 26,388 Days 20,861 Days 8,293 Days 14,606 Days
  • 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.
2,733 Months 2,108
DOJ Support ADR          
Expenditures for Mediation Services $1,284,149 $1,328,614 $1,347,478 $1,748,855 $1,374,864
Number of New Cases Authorized for ADR Funding 502 517 527 446 489


Updated July 24, 2020