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Mediation in Small Claims Court - Achieving Compliance Through Consent

NCJ Number
93763
Journal
Law and Society Review Volume: 18 Issue: 1 Dated: (1984) Pages: 11-49
Author(s)
C A McEwen; R J Maiman
Date Published
1984
Length
39 pages
Annotation
In Maine defendants in small claims court are nearly twice as likely to comply fully with mediated outcomes as with judgments imposed by the court after adjudication.
Abstract
Some of the explanation can be attributed to specific features that are more common to mediated and negotiated settlements than to adjudicated outcomes. In addition, consensual processes lead to social psychological pressures for compliance that are not associated with authoritative judgments. Our findings point to the value of consent -- the most central difference between mediation and adjudication -- as an adjunct to command in promoting compliance with rules and orders. (Publisher abstract)

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