A November 2011 study by the Federal Judicial Center has revealed that more than one-third of all federal trial courts authorise multiple forms of ADR, and all federal courts authorise one form of ADR. For the 12-month period ending June 30, 2011, 28,267 cases were referred to ADR in 49 district courts.
Unsurprisingly, the most commonly used form of ADR is mediation, being authorised by two thirds of the districts. According to the report, the majority of districts authorise some degree of required use of ADR, particularly mediation and early neutral evaluation, either by giving judges the authority to refer cases on their own initiative without party consent, or by mandating referral for some or all civil cases.
Some important follow up questions remain unanswered, including the number of cases disposed of by ADR, and ADR's impact on court caseloads and judicial workloads. The study does confirm, however, the entrenched role of ADR within the US justice system, and the prominence of court-annexed (mandatory) mediation. The USA stands apart from most Western jurisdictions in sanctioning compulsory mediation.
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