NCJ Number
104459
Journal
Negotiation Journal Volume: 3 Issue: 1 Dated: (January 1987) Pages: 59-71
Date Published
1987
Length
13 pages
Annotation
The trend toward alternative dispute resolution (ADR) is like a social movement in many respects, but it does not represent a social movement due to the lack of consensus about its overall purpose.
Abstract
ADR does rest on a broad problem statement and uses a shared set of techniques and a general vocabulary. It also rests on a broad ideology. Negotiation is the common theme of the variety of techniques included in ADR. ADR has arisen in part from the criticisms of lawyers and courts and emphasizes the values of empowerment and voluntarism. Like the alternative health movement, ADR shows an ambivalent tendency regarding professionalism. ADR has been criticized for its trend toward professionalism and commercialism and for its simplistic views of disputes. Critics also accuse ADR of perpetuating inequalities in political and economic power and for promoting compromises in situations in which one party is morally wrong. Other critics believe that the blind use of ADR will further degrade the justice process itself. Finally, ADR has been criticized for promising too much. However, ADR is still new, and its use will continue to expand. It may transform certain occupations. It could also become bureaucratic. Ten years from now it will probably be quite different from the way it is today. 14 references.