ADR Reading List: Tom Tyler, ‘The Quality of Dispute Resolution Procedures and Outcomes’

Our next item in the ADR Reading List is from Becky Batagol, who recommends Tom Tyler, ‘The Quality of Dispute Resolution Procedures and Outcomes: Measurement Problems and Possibilities’ (1989) 66 Denver University Law Review 419.

I really like this piece, despite its age, because it cuts through what is often presented when measuring the quality/success/effectiveness of a dispute resolution process. Tyler argues that agreement rates and participant satisfaction have a seductive quality but should be avoided as sole measures of process quality. I often recommend this to PhD students as a starting point for their research into a particular dispute resolution process and Tyler’s approach has been central to the design of some of my own research projects.