Ng. Poythress et Mr. Murrin, MOCK DEFENDANTS PROCEDURAL JUSTICE JUDGMENTS OF ALTERNATIVE TRIAL PROCEDURES IN A MEDICAL MALPRACTICE CASE, Law and human behavior, 21(3), 1997, pp. 257-268
Mental health professionals were asked to imagine themselves in the ro
le of defendant in a medical malpractice case. Each participant was to
ld that their case could be tried according to standard adversary tria
l procedures or by an alternative procedure. The alternative procedure
s involved either varying the way that expert testimony would be devel
oped or bifurcation of issues at trial. Participants rated the availab
le alternative procedure relative to the ADVERS procedure in terms of
preference, fairness, willingness to comply with trial outcomes, and o
ther procedural justice dimensions. Results indicated a strong endorse
ment of potential alternatives to the standard adversarial trial proce
ss for resolving medical malpractice claims.