Alternative Dispute Resolution - From a Legal Services Perspective, From a National Perspective

• NCJ Number: 87273
• Journal: NLADA Briefcase Volume: 39 Issue: 1 Dated: (Fall 1982) Pages: 20-26
• Author(s): J M Rifkin; J Sawyer; L E Ray
• Date Published: 1982
• Length: 7 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

One section of this article describes the elements of the mediation project of the Legal Studies Program at the University of Massachusetts/Amherst, and the second section of the article examines the dispute resolution movement from a broad national perspective.

Abstract

The University of Massachusetts Mediation Project uses a team of two mediators for each dispute and is committed to confidentiality and the voluntary participation of the disputing parties. Pairs of mediators are carefully assigned to each dispute based on an assessment of the nature of the dispute and the characteristics of the disputants. In effective mediations, each party gives up something and receives something through the agreement. Successful mediations result in written agreements signed by all parties and by the mediators. After the agreement is signed, the case coordinator speaks to the parties at specified intervals to determine if the agreement is being implemented. If the agreement is violated, the parties may remediate the problem or the case will be officially closed. The agreement has no legal standing before a court. The strength of the agreement lies in its being agreed to by the parties involved. Throughout the country, a dispute resolution movement is growing because of court case backlogs and dissatisfaction with the adversarial structure for resolving many types of personal disputes. Techniques generally used are (1) arbitration, where a neutral third party settles a dispute; (2) mediation, where a neutral third party assists in reaching a compromise; and (3) conciliation, where a neutral third party helps disputants arrive at a common definition of the problem and set terms for its resolution. Currently, more than 180 minor dispute centers operate in 40 States, with another 17 centers envisioned. The effectiveness of alternative dispute resolution will depend on an informed public and the professionals who operate the dispute resolution centers.