Inside the mind of the client: An analysis of litigants' decision criteria for choosing procedures. (26th July 2018)

• Record Type: Journal Article
• Authors: Shestowsky, Donna
• Is Part Of: Conflict resolution quarterly. Volume 36:Number 1(2018)
• Page Start: 69
• Page End: 87
• Publication Date: 2018-07-26
• Subjects: Mediation -- United States -- Periodicals
• DOI: 10.1002/crq.21228
• Languages: English
• ISSNs: 1536-5581

Abstract

Abstract : This article presents findings from the first longitudinal study to ask civil litigants prospectively what criteria they plan to consider when selecting legal procedures and then retroactively assess the criteria used to make those decisions. The most commonly referenced ex ante criteria are lawyer's advice, cost, and time. The retrospective reasons also include these factors, but the list is narrower and more practical. Litigants who initially listed a desire to reduce costs or follow their lawyers' advice were later significantly more likely to report using procedures for these reasons, suggesting the stability of these criteria. However, the same stability did not manifest for other criteria. Implications for improving protocols for counseling litigants about procedure are discussed.