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Record W2264270468

Mandatory Mediation in Civil Cases: Purposes and Consequences

2001· article· en· W2264270468 on OpenAlexaboutno aff
Carl Baar, Robert Hann

Bibliographic record

VenueSSRN Electronic Journal · 2001
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicDispute Resolution and Class Actions
Canadian institutionsnot available
Fundersnot available
KeywordsMediationCivil procedureAlternative dispute resolutionEconomic JusticeIntervention (counseling)Sample (material)LawPolitical sciencePsychologyBusiness
DOInot available

Abstract

fetched live from OpenAlex

This paper reports findings from the evaluation of a two-year mandatory mediation pilot project for civil cases in Toronto and Ottawa, Canada, in 1999 and 2000. It is based on data from 3,000 completed mediations, supplemented by sample questionnaire responses from mediators, lawyers and litigants. The pilot project sought to reduce litigation cost and delay. It included a number of controversial aspects: early mediation (before examinations for discovery); mandatory mediation (every defended case has a mediator assigned [or selected by the parties] within 30 days of the first defence); and private mediation (mediators are paid by the parties, and selected from a roster of private mediators). It was designed to fit into Ontario's case management model; that model was one of the inspirations for Lord Woolf's reforms of English civil procedure. The evaluation reported reductions in delays and costs across nine major types of civil cases. Reductions in time to disposition were measured through the effective use of a control group in Toronto. Cost savings were cited by lawyers and litigants both in focus groups and in individual case questionnaires. What was less emphasized in the formal evaluation and needs systematic examination are the effects of mediation on law practice, and conversely the effects of law practice on mediation. For example, while critics of mediation often see it as the privatization of justice, the Ontario program actually involved earlier and more active intervention by the courts administrative apparatus in what had formerly been the most private phase of the litigation process. At the same time, a program that encouraged non-lawyer mediators came to be dominated by lawyer-mediators; mediations became increasingly concentrated among a relatively small number of the hundreds of mediators on the official roster; and a program in which women played major leadership roles saw male mediators dominate the practice.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.156
metaresearch head score (Gemma)0.421
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.156
Threshold uncertainty score0.826

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.1560.421
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0030.004
Science and technology studies0.0100.014
Scholarly communication0.0060.006
Open science0.0050.013
Research integrity0.0030.003
Insufficient payload (model declined to judge)0.0050.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.012
GPT teacher head0.233
Teacher spread0.221 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations2
Published2001
Admission routes1
Has abstractyes

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