Alternative Dispute Resolution Techniques
Eric D. Green, Resolution and Avoidance of Disputes (1984)
I. A Conceptual Framework for “ADR”
“Alternate Dispute Resolution” is best thought of as involving processes other than the two most-used primary processes — adjudication and negotiation. Alternative processes can be used in a variety of settings:
*They can be court-annexed or court-sponsored — as in the trial court's voluntary arbitration program or Federal Judge Thomas Lambros' summary jury trial.
*They can take place in an established private forum — as in a privately funded arbitration or mediation service, such as the American Arbitration Association, Better Business Bureau, EnDispute, or many Neighborhood Justice Centers.
*They can be implemented in an ad hoc arrangement agreed to by the parties to a dispute — as where the parties agreed to hire a former judge to conduct a private voluntary settlement conference or choose to conduct a “Mini-Trial...”
All alternative processes aim to allow the parties to reach a faster, less expensive and more appropriate resolution of their dispute than they would reach if they relied on the traditional processes of adjudication and negotiation.
Some alternative processes — such as mediation and Mini-Trials — aim to help facilitate the process of voluntary settlement. The mediation, for example, may help calm the emotionalism of a dispute. Other alternative processes — such as bin
This content is available from the following sources
Digital Library
Already a Subscriber? Sign In
Over 60 years of scholarship at your fingertips.
Buy the Publication
The book containing this article may be available in hard copy, or the article may be available individually. Please contact the Rocky Mountain Mineral Law Foundation at info@rmmlf.org or 303-321-8100.