This report presents an evaluation of the Commercial Court's practice of issuing ADR Orders in selected commercial disputes and a review of the Court of Appeal's mediation scheme established in 1996. The broad findings of these evaluations are combined in a final Chapter with the results of an earlier evaluation of the Central London County Court mediation scheme to draw conclusions about court-based ADR initiatives that might be helpful in guiding future policy development on ADR.

The report considers the take-up of voluntary schemes as opposed to the response to court imposed directions to attempt ADR; the success rate of ADR; experiences and perceptions of ADR processes; and perceptions of the impact of successful and unsuccessful ADR on costs.

The report suggests the need for a more individualised approach by the courts to the direction of cases toward ADR; the development of clearly articulated selection principles and consideration of the timing of invitations or directions to attempt ADR.

The aim of this civil justice audit was to provide a snapshot of non-family civil justice at the county court and High Court in Sheffield in 1996/7. It draws together data about cases and costs along with the use of the civil courts by different parties, the progress of cases through the stages of civil justice, key decision points, the costs to different agencies and parties, and the use being made of public civil justice provision. The present study was not designed as an evaluation of the civil justice reforms stemming from the Woolf report, but it provides a comprehensive baseline picture of civil justice before the reforms, together with some pointers to the effects of the changes from interviews with practitioners since the reforms.

The success of civil, family and criminal justice initiatives to reduce delay and cost depends on the development of case management skills by the judiciary and magistrates. In this qualitative research judges were asked to set out what they saw as case management skills and possible ways that these could be acquired.

The role of the court clerk has become increasingly pivotal to the operation of our system of lay justice. This is especially the case in civil matters concerning children and their families where the clerk's duties and powers have been signicantly expanded under the 1989 Children Act. This project examined in depth the role and practice of the court clerk in these proceedings, using data gathered from the clerks themselves, magistrates and professionals using the courts.

This report presents an evaluation of the London Parking Appeals Service (PAS) and an examination of the applicability to other adjudicative settings of a set of organisational arrangements that have been pioneered at PAS.

The project sought to draw out the lessons for other tribunals and courts in terms of costs, benefits and disbenefits. The research focused upon:

• The extensive use of IT in support of the adjudication process

• The recruitment of lawyers, part-time, to sit as adjudicators

• A strong public service orientation

• A largely out-sourced administration

Applicability of these key features . and importantly their combination . to other adjudicative settings has been examined in relation to inputs, process and outputs. Three different adjudicative arenas were considered, namely the development of a national PAS, other tribunals and magistrates' courts.

The report highlights various strengths and weaknesses associated with the particular organisational choices made both ahead of and during the establishment of London PAS

The past seven years have witnessed some important developments in the ways that clients can pay their lawyers in England and Wales. These include the introduction of conditional fees (CFAs), changes to the legal aid scheme, and the growing influence of insurers in the legal marketplace.

This study collected data on over 700 cases closed mainly during 2000 and 2001, using a stratified, clustered sample design to draw inferences about the population of solicitors doing personal injury work. It portrays a 'mixed economy' of fee arrangements. The research provides a useful benchmark against which to assess subsequent changes.

Under the conditions applying at the time covered by the research:

• Private client hourly fee cases were characterised by defendants who admitted a much higher proportion of liability . they were less 'risky' than CFA cases.

• CFA cases appeared to be relatively complex and 'risky' compared with hourly fee and referral company schemes and broadly comparable with legal aid cases.

• Confirming previous evidence, settlement timing was highly sensitive to the parties' prior estimates about the likely outcome in court, with respect to both quantum and liability.

Although their advertising reach may have induced claims from people otherwise unaware of the potential of CFAs, the services provided by referral agents were relatively costly to clients and yielded less in terms of settlement awards even though their caseload was one of relatively low risk.

This study, undertaken in 1999, explored the possible explanation of weak incentives on legally-aided plaintiffs and their solicitors to reach settlement.

The research used two unique data sets to investigate, within a framework of economic theory, the issue in the context of personal injury litigation. Main findings related to the duration from claim to settlement, where it was found that, controlling for other factors such as case severity, legal aid finance significantly increased delay in comparison with private finance.

The outcomes of this study suggest that the behaviour of litigants and their representatives is clearly influenced by the way financial risks are shared.

The small claims regime in England and Wales has been designed specifically with litigants in person in mind. It provides a cheap and simple mechanism by which people who are unfamiliar with legal procedures can bring their disputes to court. The financial limit in small claims rose from £1,000 to £3,000 in January 1996 and then to £5,000 in April 1999. Only personal injury and housing repair cases (where the limit remains £1,000) have been excluded from this expansion.

This report considers the consequences of the rise in the small claims limit from £3,000 to £5,000 from the perspective of both litigants and district judges. It found that:

• More commercial litigants are involved in claims in the £3,000-£5,000 bracket than is the case at lower levels and more litigants take legal advice about their cases.

• District judges' enthusiasm for the informal 'interventionist' approach in small claims remains strong and it is evident that they have taken the rise very much in their stride.

• The effects of the increase have been absorbed without serious disruption in county courts.

The report cautions against a further increase in the limit but discusses raising the £1,000 limit in personal injury claims (with modification of the existing small claims costs structure.)

This report describes the findings of a research project designed to assess the impacts on courts of the implementation of the Human Rights Act 1998.

The project examined the planning and preparation work undertaken by courts and related agencies in the period ahead of implementation of the Act; the effects immediately after implementation (in October 2000); and the position almost a year later to assess the longer term impacts. The research included both qualitative and quantitative methods.

A particular priority for this study was the effect of the legislation on court workloads (Crown, County and magistrates courts).

What promotes safe and positive contact for children following parental separation, that is also consistent with the safety and well being of women (and some men) where domestic violence is an issue?

This is the over-arching question addressed by this research report.

The study explores the views and experiences of children, women and men using six child contact centres. It also assesses knowledge and practice in relation to domestic violence and its impact on contact arrangements, from the perspectives of legal and welfare professionals and contact centre workers in two family proceedings jurisdictions.

The report highlights significant disparities in views, both within and between groups of professionals and workers in this area. These mirror the very marked differences between mothers and fathers in relation to their views about their children's best interests and the persisting significance of domestic violence.

The research concludes that in a significant minority of the contact arrangements studied, the safety and well-being of women and children was compromised.

The study is directly relevant to continuing discussions about child contact, and the implications for policy and practice in this contentious area are discussed.

This research examines how far the experience of defendants in housing possession cases is affected by their ethnicity. In particular it explores the perceptions, experiences and understanding of the court functions and processes amongst black and minority ethnic (BME) defendants and more widely within their communities. It also compares the experience of BME and white defendants of the possession process.

Drawing on court records, individual interviews and focus groups the study found that for both white and BME defendants their experiences leading up to eviction processes and the possession proceedings itself were very similar. Those BME defendants who attended court did not feel they had been treated unfairly because of their race.