Essential Information & explanations, latest texts & monographs on
Alternative_dispute_resolution.
The Mediation Process : Practical Strategies for Resolving Conflict by Christopher W. Moore
Bringing Peace Into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution by Daniel Bowling
Fair Division : From Cake-Cutting to Dispute Resolution by Steven J. Brams
Bridging Cultural Conflicts : A New Approach for a Changing World by Michelle LeBaron
Dispute Resolution: Negotiation, Mediation, and Other Processes by Stephen B. Goldberg
Alternative Dispute Resolution In A Nutshell, 2nd Ed. by Jacqueline M. Nolan-Haley
Essentials of Alternative Dispute Resolution (2nd Edition) by Susan R. Patterson
Beyond Neutrality : Confronting the Crisis in Conflict Resolution by Bernie Mayer
Alternative Dispute Resolution: The Advocate's Perspective by Edward J. Brunet
Alternative Methods of Dispute Resolution by Martin A. Frey
Federal Dispute Resolution : Using ADR with the United States Government by Jeffrey M. Senger
Mediate, Don't Litigate: Strategies for Successful Mediation by Peter Lovenheim
Alternative Dispute Resolution: Strategies for Law and Business by E. Wendy Trachte-Huber
Structured Settlements: Alternative Approach to the Settling of Claims by Joseph Huver
Alternative Dispute Resolution for Organizations: How to Design a System for Effective Conflict Resolution by Allan J. Stitt
Alternative dispute resolution
Alternative dispute resolution or ADR is a name for several dispute resolution processes and techniques which, while believed by some to be outside the traditional mainstream of state jurisprudence, have gained acceptance among both the general public and the legal profession. In this terminology the processes were initially termed "alternative" by twentieth century legal typologists because they were seen as extra-legal supplements to state-sponsored dispute resolution. With the continuing increase in caseload placing great strain on traditional courts, many judges have come to see dispute resolution as an acceptable means of decreasing caseload in traditional courts, while settling disputes in a fair and equitable way. While some would not agree that all alternative methods are always fair and equitable, such methods are much less expensive than a traditional lawsuit.
Arbitration was actually one of the earliest forms of dispute resolution. It was practiced by the jurisconsults of the Roman Empire, and predates the adversarial system of the common law by at least a thousand years. Many people have played the role of mediator, conciliator or arbitrator in many jurisdictions at many times. The Vodun priests of Haiti are well known for their dispute resolution role which occasionally resulted in the losing party being forced to become a zombie. The King of France refused lawyers permission to practice in New France, so Catholic priests and civil law notaries were used by the local populace as dispute resolution resources.
ADR is generally classified into at least three subtypes: negotiation, mediation, and arbitration. (Sometimes a fourth type -- conciliation -- is included as well, but for present purposes it can be regarded as a form of mediation. See conciliation for further details.) The salient features of each type are as follows:
- In negotiation, participation is voluntary and there is no third party who either facilitates the resolution process or imposes a resolution.
- In mediation, participation is voluntary (in that even though a court may mandate the process itself, the parties are not required to reach a resolution), and there is a third party -- a mediator -- who facilitates the resolution process but does not impose a resolution on the parties.
- In arbitration, participation is ordinarily voluntary, and there is a third party who both facilitates the resolution process and imposes a resolution.
To what is "alternative" dispute resolution an alternative? Usually, to litigation -- but more generally, it is also an "alternative" both to allowing a dispute to drop and to resorting to violence.
For further details on each subtype, see arbitration, mediation, conciliation, and negotiation.
The above article is adapted from from Wikipedia All Wikipedia article text is available under the terms of the GNU Free Documentation License
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