In the Eye of the Beholder
Tort Litigants' Evaluations of their Experiences in the Civil Justice System
Bibliographic Data
| ID | 4084089 |
|---|---|
| Authors | A Lind (0000-0001-8625-8886, RAND Corporation), E Allan Lind, Robert J Maccoun (0000-0003-0929-4423, University of California, Berkeley), Patricia A Ebener (0000-0002-6429-2415), William L F Felstiner, Deborah R Hensler, Judith Resnik, T R Tyler (0000-0002-2647-7670) |
| Year | 1990 |
| Volume | 24 |
| Issue | 4 |
| Pages | 953-996 |
| Publication date | 1990-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Society Review (JOURNAL) |
| Journal identifiers | ISSN: 0023-9216 • E-ISSN: 1540-5893 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/3053616 |
| OpenAlex | W2123307860 |
| Language | EN |
| Citations received | 44 |
| References cited | 39 |
Little is known about the reactions of tort litigants to traditional and alternative litigation procedures. To explore this issue, we interviewed litigants in personal injury cases in three state courts whose cases had been resolved by trial, court-annexed arbitration, judicial settlement conferences, or bilateral settlement. The litigants viewed the trial and arbitration procedures as fairer than bilateral settlement, apparently because they believed that trials and arbitration hearings gave their case more respectful treatment. They were less satisfied with the outcome of judicial settlement conferences than with the outcome of bilateral settlements, because judicial settlement conference outcomes were more likely to fall below their expectations. In general, procedural justice judgments and outcome satisfaction were little related to objective outcome, cost, or delay; instead the evaluations appeared to be determined largely by perceptions of whether the procedure met litigants' criteria for procedural fairness and expectations on outcomes and costs. Gender, income, and race did not have much effect on evaluations
Criminology · Economic Justice · Political science · Sociology · Tort · Law · Law, Economics, and Judicial Systems · Legal Education and Practice Innovations · Medical Malpractice and Liability Issues · Medicine · Psychology · Optometry
Procedural Justice, Institutional Legitimacy, and the Acceptance of Unpopular U.S. Supreme Court Decisions
Rational Choice and Developmental Influences on Recidivism Among Adolescent Felony Offenders
The Psychology of Legitimacy
Great expectations? Comparing litigants’ attitudes before and after using legal procedures
It’s All About the Money. Or Is It
A framework for the evidence-based practice of therapeutic jurisprudence
Identity and Perceptions of Procedural Justice in the Courts in Turkey
Trust and Soft Law for AI
Collective restraint in social dilemmas
Citizen Discontent with Legal Procedures
Psychological models of the justice motive
The Psychology of Conflict and Conflict Management in Organizations
Focusing on the “Social” in Social Justice Research
Disputant Experience and Preferences for Mediated or Adjudicated Processes in Administrative Agencies
She’ll Settle It
Civil Litigants’ Evaluations of Their Legal Experiences
Voice, Control, and Belonging
The Two Psychologies of Conflict Resolution
Toward a Theorization of Craft
Divorce Attorneys and 40 Clients in Two Not So Big but Not So Small Cities in Massachusetts and California
Divorce Attorneys and 40 Clients in Two Not So Big but Not So Small Cities in Massachusetts and California
Victim Harm, Impact Statements and Victim Satisfaction with Justice
Evaluations of institutional legitimacy and court system fairness
The consistency rule and the voice effect
Die imaginäre Einheit der Diskurse
The Construction of Justice
Enhancing Police Legitimacy
Language, Law, and Social Meanings
Self-Presentation and Legal Socialization in Society
Procedural Justice and the Assessment of Civil Justice in Japan
Unfamiliarity and Procedural Justice
It Depends on the Outcome
Dispute Resolution Outside of Courts
Differential Treatment of Corporate Defendants by Juries
Situated Justice
Access to Civil Justice and Race, Class, and Gender Inequality
Legal Language
The meaning of procedural fairness
Procedural justice as a contested concept
The effects of unfair procedure on negative affect and protest
Understanding gender differences in distributive and procedural justice
Perspective and procedural justice
Citizens' procedural expectations for an upcoming tax audit
Perceptions of justice
Social behaviour
International encyclopedia of the social sciences.
Procedural Justice
Ideas and Procedures in African Customary Law
The Social Psychology of Procedural Justice
The Disputing Process–Law in Ten Societies
Distributional and Procedural Aspects of Satisfaction With Citizen-Police Encounters
In a Different Voice
Interpersonal relations
Disputes and negotiations
Law in Culture and Society
The science question in feminism
Disputing Process-Law in Ten Societies
The Social Psychology of Groups
Inequity In Social Exchange
Social Exchange
An Assessment of Mediation in a Small Claims Court
Procedural Justice and Participation
Pretrial Settlement Conference
In a different voice
Arbitration and Mediation as Alternatives to Court
Litigant Satisfaction Versus Legal Adequacy in Small Claims Court Narratives
Law and Strategy in the Divorce Lawyer's Office
Procedural Justice in Felony Cases
Impact of Procedural Modifications on Evaluations of Plea Bargaining
Assessing the Effects of Case Characteristics and Settlement Forum on Dispute Outcomes and Compliance
Having Their Day in Court
Mediation in Small Claims Court
Law and Social Relations
The Small Claims Court
A Comparative Theory of Dispute Institutions in Society
The Role of Perceived Injustice in Defendants' Evaluations of Their Courtroom Experience
Influences of Social Organization on Dispute Processing
What is Procedural Justice
The Relative Significance of Disputing Forum and Dispute Characteristics for Outcome and Compliance
Lay Expectations of the Civil Justice System
Alternatives in Dispute Processing
Procedural goods in a democracy
Fabrications of justice
| Unique citing works | 44 |
|---|---|
| Citations per year | 1,22 |
| Citation span | 1990 - 2023 (34) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 43 |