USDOJ: OLP: ADR: Alternative Dispute Resolution at the Department of Justice

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Significant Guidance

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
	2012	2011	2010	2009	2008
Success Rates for ADR
Voluntary ADR Proceedings	69% Resolved	73% Resolved	77% Resolved	78% Resolved	79% Resolved
Court-Ordered Proceedings	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.	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.	$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.	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.	1,516 Months	1,231 Months	915 Months	849 Months	661 Months
DOJ Support ADR
Expenditures for Mediation Services	$1,198,128	$1,931,900	$1,531,879	$1,141,103	$1,362,320
Number of Case Authorized for ADR Funding	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: February 2013