NCJ Number
107465
Date Published
1987
Length
38 pages
Annotation
This primer provides information on alternative dispute resolution (ADR) in a question-and-answer format.
Abstract
ADR mechanisms and processes are described, including arbitration, mediation (lawyer, labor, therapeutic, and shuttle), negotiation, private judging, neutral fact-finding, ombudsmen, mini-trials, summary jury trial, and the moderated settlement conference. Types of cases suitable for ADR are delineated, and the lawyer's role in ADR processes is described. Issues related to conflict of interest, legal rights and due process, power disparities between parties, and confidentiality are discussed. Issues of special interest to lawyers in ADR then are considered. These include case presentation in ADR as it relates to subsequent court proceedings, discovery procedures, enforcement of ADR agreements, referral practices, and fee arrangements. A list of videotapes on ADR is provided. 8-item bibliography.