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Coercion and Consent: A Tale of Two Court Reforms*
Authors:CRAIG A McEWEN  RICHARD J MAIMAN
Abstract:The state courts in Maine have improved compliance with small claims judgments through two distinct reforms: an automatic disclosure process and a court-based mediation program. The first of these survived only briefly but the second is well institutionalized. After showing the similar effects on compliance rates of these two reforms, we conclude that contrasting fortunes of mediation and automatic disclosure can be attributed to their different effects on the costs and work life of courts as organizations and can be further understood in terms of their impact on the court as an institution with fragile authority.
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