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Full-Text Articles in Law
Introduction: Current Issues In Arbitration, Shannon E. Pinkston
Introduction: Current Issues In Arbitration, Shannon E. Pinkston
Vanderbilt Law Review
"[An incompetent attorney can delay a case for years, while a competent attorney can delay it for even longer."'
This oft-repeated joke illustrates the public perception of the delays and expense that accompany courtroom litigation. Indeed, growing frustration with crowded courts and exorbitant legal costs fuels the widespread Alternative Dispute Resolution ("ADR") movement. Notwithstanding the dramatic increase in its use, ADR, defined as "procedures for settling disputes by means other than litigation," is not a novel idea. In fact, ADR was present in America as early as the seventeenth century. In certain parts of colonial America, voluntary arbitration was a …
A "Party Satisfaction" Perspective On A Comprehensive Mediation Statute, Chris Guthrie, James Levine
A "Party Satisfaction" Perspective On A Comprehensive Mediation Statute, Chris Guthrie, James Levine
Vanderbilt Law School Faculty Publications
During the past fifteen years, the alternative dispute resolution movement has greatly altered the legal landscape. Courts, legislatures and administrative agencies have enacted more than 2000 laws dealing with mediation and other dispute resolution processes. The National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Bar Association Section of Dispute Resolution have recently formed a unique partnership to assess whether a model or uniform mediation statute might remedy some of the problems caused by the current patchwork of often confusing and conflicting mediation laws. The task of drafting a comprehensive mediation statute poses many challenges. The drafters …