NCJ Number
99889
Journal
Villanova Law Review Volume: 29 Issue: 6 Dated: (1983-1984) Pages: 1222-1338
Date Published
1984
Length
117 pages
Annotation
An overview of alternative dispute resolution discusses the underlying theory, the methods for resolving a variety of private rights disputes, and legal barriers to the compulsory use of methods other than the jury trial.
Abstract
A summary of the theory of dispute resolution covers the types of disputes, the basic processes for resolving them, and the dynamics involved in the choices made by the parties to a dispute. Reasons why interest disputes differ from other disputes are listed. An analysis of the private methods for resolving disputes considers coercion, private arbitration, factfinding, mediation, and conciliation. Three types of administrative dispute resolution -- adjudication, arbitration, and mediation -- are considered, together with the issue of the possible use of fees to provide incentives for settlements. Methods relating to judicial dispute resolution are discussed, including the use of direct economic incentives to settle a suit, discovery, pretrial conferences, advisory opinions, the use of court-annexed approaches, and summary judicial decisions. Legal problems discussed include equal protection, the right to a jury trial, the delegation of power, and procedural due process. It is concluded that society should prefer alternatives that are adjuncts to the court system except where economic or social incentives to settlement exist. In addition, changing judicial procedures is preferable to creating new governmental institutions. Additional recommendations and 636 footnotes.