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Mandatory Arbitration in Arizona: Structure and Performance
Roselle Wissler and Bob Dauber
42 Ariz. Att’y 18 (2005)
Open Access  |  Library Access


This article summarizes some of the key findings regarding the structure and performance of Arizona's court-connected arbitration system. Most cases eligible for arbitration concluded before a hearing was held, and those cases that had a hearing seemed more likely to have been diverted from settlement than from trial. Consequently, the arbitration program was likely to affect the court's workload in a relatively small proportion of cases, was more likely to reduce the use of court pretrial rather than trial resources, and was unlikely to substantially reduce litigants' costs. Many cases did not meet arbitration deadlines and court case processing time standards. These findings, which were consistent with studies in other jurisdictions, suggest that court-connected arbitration does not have negative consequences, but also does not consistently or substantially improve the effectiveness and efficiency of dispute resolution.
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