NCJ Number
101423
Journal
Judicature Volume: 69 Issue: 5 Dated: (February-March 1986) Pages: 291-299
Date Published
1986
Length
9 pages
Annotation
After reviewing various impediments to and critiques of alternative dispute resolution (ADR) mechanisms, this paper discusses the need for ADR research, the development of ADR networks, ADR institutionalization, and the professionalization of mediators.
Abstract
Impediments to the public's use of ADR include meager knowledge of the nature and existence of such mechanisms, difficulty in locating them, disputants' preference for challenging opponents in an adversarial context, and attorneys' familiarity with and preference for court processes. ADR critics have focused primarily on mediation, charging that it favors the dominant party, undermines legal entitlements, and tends to become second-class justice for those who cannot afford trials. More empirical research is required to address these criticisms, particularly regarding the effects of compulsory participation in alternatives to litigation. Research should also facilitate the matching of various types of disputes to appropriate ADR mechanisms. Another need is to develop an ADR network, such as a dispute resolution center, that will guide parties in the selection of dispute resolution formats suitable for their dispute. Career paths must be developed for persons interested in ADR services, which implies the development of codes and standards, certification, and training. 49 footnotes.