NCJ Number
136514
Journal
Forum Dated: (Winter 1992) Pages: 5-26
Editor(s)
P Fn'Piere
Date Published
1992
Length
22 pages
Annotation
The keynote address by former Attorney General Griffin Bell reviews the work of the Office for Improvements in the Administration of Justice under his tenure as Attorney General followed by seven invited commentaries from dispute resolution professionals, academics, and leaders in the legal profession.
Abstract
Bell's review of the work of the Office for Improvements in the Administration of Justice focuses on the implementation of three concepts: the neighborhood justice center, compulsory nonbinding arbitration, and mediation. One of the commentaries notes that although alternative dispute resolution procedures help relieve an overburdened court system, they have the potential for providing inferior justice or injustice. The power of one of the parties to function in the dispute may be inferior to that of the other party, and third parties may not be adequately represented in private dispute resolution. Another commentary argues that alternative dispute resolution (ADR) is more interested in harmony and efficiency than justice, since it fails to deal with the imbalance of power between parties, notably the power of a corporate giant in a dispute with an individual. A third commentary on the future of ADR advises that a constructive future for ADR depends on the leadership of prominent jurists. Other commentaries argue for the use of professional mediators who are not attorneys, the development of qualified mediators and arbitrators, the protection of consumers through ADR, and the implementation of proven ADR elements.