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Full-Text Articles in Law
Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P, Love
Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P, Love
Journal of Dispute Resolution
The thesis of this essay is that when mediators try to resolve a controversy by providing their analysis fo the legal - or other- merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral's judgment, award or opinion to determine or jump-start a resolution. That add-on activity to mediation should be called by its proper name. This essay will not review the many reasons that a single neutral combining the roles of facilitator and evaluator is problematic, since that has been done extensively elsewhere.' Instead, in part one, we highlight …
Inevitability Of The Eclectic: Liberating Adr From Ideology, The, Jeffrey W. Stempel, Kimberlee K. Kovach
Inevitability Of The Eclectic: Liberating Adr From Ideology, The, Jeffrey W. Stempel, Kimberlee K. Kovach
Journal of Dispute Resolution
In this essay, I continue to argue against such rigid characterization of the mediation enterprise and in favor of what I term an "eclectic" approach to mediation. The eclectic style is one in which a mediator - while maintaining neutrality and impartiality at all times - attempts to both assist the disputants in finding acceptable solutions on their own and also remains free to provide necessary guidance as to the outcomes that might obtain in the legal regime that will govern their dispute should no agreement result from the mediation. In short, my view of good mediation practice is one …
Future Of Adr - The Earl F. Nelson Memorial Lecture, The, Frank E. A. Sander
Future Of Adr - The Earl F. Nelson Memorial Lecture, The, Frank E. A. Sander
Journal of Dispute Resolution
Because I've been fortunate to observe the ADR scene for much of its recent development, I'm often asked my views of where we stand now. My somewhat flip answer is, "On Monday, Wednesday and Friday, I think we've made amazing progress. On Tuesday, Thursday and Saturday, ADR seems more like a grain of sand on the adversary system beach." So I think we have a way to go. Let me try to elaborate a little on those thoughts
Continuing The Conversation About The Current Status And The Future Of Adr: A View From The Courts, Wayne D. Brazil
Continuing The Conversation About The Current Status And The Future Of Adr: A View From The Courts, Wayne D. Brazil
Journal of Dispute Resolution
In this essay I would like to complement the picture that Professor Sander has presented by adding information about and commentary from the perspective of the courts. After offering some general observations about the current status of ADR in the courts, I will describe what I think the near-term future looks like. Then I will articulate values that we need to take special care to preserve in court-sponsored ADR programs. I also will identify dangers that we, as courts, must try to avoid on the road ahead. Along the way, I will respond specifically to three of the concerns that …
Some Reflections On Adr, James F. Henry
Some Reflections On Adr, James F. Henry
Journal of Dispute Resolution
It may be time for practitioners and theorists who have contributed quality and innovation to the ADR movement to declare victory. It also may be time to "cut and run," because ADR must address some difficult issues if it is to realize its full potential. So far, we have assembled an excellent state-of-the-art in a relatively short period, but we have paid relatively little attention to the ADR infrastructure required to fulfill the quality and promises of ADR. It is that delivery system of ADR which will determine the degree of economy, accessability, expedience, innovation and party control that are …
Adr Research At The Crossroads, Deborah R. Hensler
Adr Research At The Crossroads, Deborah R. Hensler
Journal of Dispute Resolution
One of the remarkable aspects of the ADR movement is the empirical research that it has engendered. The granddaddy of court-administered alternative dispute resolution--the pretrial settlement conference--was the occasion for the first experimental study of an innovative legal procedure.' Small claims courts--another early alternative to full-fledged litigation--were put under the microscope in the 1960s.' Over the years, a host of empirical studies on the adoption, implementation and consequences of court ADR programs has been published.'
Is Binding Arbitration A Form Of Adr: An Argument That The Term Adr Has Begun To Outlive Its Usefulness, Jean R. Sternlight
Is Binding Arbitration A Form Of Adr: An Argument That The Term Adr Has Begun To Outlive Its Usefulness, Jean R. Sternlight
Journal of Dispute Resolution
While the semantic question may be uninteresting, I suggest that it is useful to ask the normative question of how we should categorize binding arbitration.'7 Again, there may be no clear "right" answer. Nevertheless, addressing the question of the appropriate categorization of binding arbitration provides a good means for rethinking the nature of binding arbitration, what we mean by ADR, and how the variety of dispute resolution techniques typically grouped together as ADR relate to litigation. Artificially grouping these disparate processes together under the "ADR" umbrella is beginning to prove problematic. While we may continue to use the phrase in …
Turning The Ship Of State, Jeffrey M. Senger
Turning The Ship Of State, Jeffrey M. Senger
Journal of Dispute Resolution
In his thoughtful article on the future of ADR, Professor Frank Sander notes, "On Monday, Wednesday and Friday, I think we've made amazing progress. On Tuesday, Thursday and Saturday, ADR seems more like a grain of sand on the adversary system beach."' In the federal government, I believe things are somewhat better than that. Perhaps five days out of seven I am impressed with the progress of the government in implementing ADR, particularly in the last ten years, which I will describe below. The other two days, like Professor Sander, I become more discouraged as we run into one of …