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St. John's University School of Law

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Should There Be A Rule Compelling Adr? Follow The Road Where A Thousand Flowers May Grow, Elayne E. Greenberg Jan 2010

Should There Be A Rule Compelling Adr? Follow The Road Where A Thousand Flowers May Grow, Elayne E. Greenberg

Faculty Publications

(Excerpt)

"One day Alice came to a fork in the road and saw a Cheshire cat in a tree. 'Which road do I take?' she asked. 'Where do you want to go?' 'I don’t know,' Alice answered. 'Then,' said the cat, 'it doesn’t matter.'" So too, in 1994 NYS reached the proverbial fork in road as our state continued its foray into dispute resolution. Which road should New York State proceed down to promote the development of ADR in our state? Should New York State adopt a mandatory rule compelling ADR or should New York State embrace a more voluntary …