NCJ Number
104394
Date Published
1985
Length
210 pages
Annotation
This booklet examines the emergence of alternative dispute resolution (ADR) systems, their various forms, their applications in selected major industries, and the prognosis for their future.
Abstract
A discussion of the legal foundations for ADR's notes the impetus statutes and courts have given to the use of ADR's for resolving certain disputes. The following major ADR forms are then described: arbitration, mediation, factfinding, combined mediation and arbitration, conciliation, minitrials, and 'rent-a-judge.' A chapter on family and divorce disputes discusses ADR procedures for addressing the property division, child support, parenting arrangements, taxes, and future problems. A discussion of commercial disputes focuses on intercorporate conflicts, the corporate culture, patent disputes, and media disputes. A discussion of industrial disputes covers ADR in the construction industry and environmental disputes. The use of ADR in some general economic disputes considers Federal contracts, insurance, social investments, and securities issue. A chapter on international disputes considers foreign arbitration and the work of the U.S. Institute of Peace. The concluding chapter examines what ADR's mean for law practice, including the American Bar Association's position on ADR's, judges' views of ADR's, and advice for lawyers on settlement philosophies. Appended relevant statutes, U.S. Supreme Court decisions on arbitration, and construction ADR procedures, along with chapter footnotes.