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DISPUTE RESOLUTION ALTERNATIVES: WHAT WE KNOW AND WHAT WE NEED TO KNOW

NCJ Number
148194
Journal
Illinois Bar Journal Volume: 82 Issue: 3 Dated: (March 1994) Pages: 130-133
Author(s)
J J Alfini
Date Published
1994
Length
4 pages
Annotation
This article reviews what the legal profession knows about alternative dispute resolution (ADR) and suggests what attorneys need to know about ADR if the legal profession is to continue to be a thoughtful voice in the ADR movement.
Abstract
ADR refers to the full range of alternative processes that may be used to resolve a dispute. Most prominent are adjudication, arbitration, mediation, mini-trial, negotiation, and summary jury trial. Given the burgeoning interest and experimentation with various ADR devices, more information is needed on how effective and efficient they are, particularly when they are used as adjuncts to the judicial process. More information on ADR's potential dangers is also required, such as whether weaker parties are disadvantaged by the use of certain ADR procedures. This could be determined by comparing the outcomes of cases subjected to ADR treatment and similar cases not exposed to ADR. While waiting for research findings on the effectiveness of various ADR devices, experimentation with ADR mechanisms should continue. Attorneys should be prepared to inform clients about which ADR mechanisms are appropriate for various kinds of cases. 18 footnotes

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