NCJ Number
104458
Journal
Negotiation Journal Volume: 3 Issue: 1 Dated: (January 1987) Pages: 29-35
Date Published
1987
Length
8 pages
Annotation
The reluctance of many clients and lawyers to use alternative dispute resolution (ADR) techniques, despite their approval of its concept, is probably the result of the demands that ADR makes for attitudes and behaviors that are not the norm for most people.
Abstract
Trust between parties has disappeared by the time a dispute has escalated toward litigation. Thus, resistance to processes that ask the parties to work together is understandable. Clients feel pain, anger, frustration, and fear. External forces, such as an organization's goal of recovering as much money as possible, may also reduce the willingness to consider ADR. The inhibitions affecting clients also affect lawyers, who are untrained in helping clients channel anger, are affected by egos and fears, and are used to adversarial approaches. To deal with these problems, both the legal and business communities need to acknowledge the existence of such problems. They also should view clashes of interests as predictable consequences of functioning in the world rather than as breaches of trust. They should use an analytical process to choose the dispute resolution method most appropriate to their circumstances. 5 notes.