NCJ Number
99888
Journal
Villanova Law Review Volume: 29 Issue: 6 Dated: (1983-1984) Pages: complete issue
Editor(s)
J A Markowitz
Date Published
1984
Length
311 pages
Annotation
This journal presents nine papers developed from presentations at a 1984 symposium sponsored by the Villanova Law Review focusing on alternative dispute resolution.
Abstract
The volume also contains an edited transcript of a panel discussion and an audience question-and-answer period. An overview gives a summary of the theory on dispute resolution processes and dynamics and analyzes private, administrative, and judicial methods for resolving disputes. A court administrator argues that the new techniques of dispute resolution should be considered supplements, not alternatives, to the traditional means of dispute resolution. A discussion of the factors giving rise to alternatives to civil litigation presents two judicially managed approaches: the appointment of neutral experts and special masters, and the summary jury trial. A discussion of the handling of domestic relations disputes contrasts the traditional adversarial approach with the use of conciliation as practiced in Chester County, Pa. Dispute resolution through administrative processes is examined. A discussion of negotiation as a dispute resolution method looks at the basic principles involved in the negotiating process and the role of mediators during the various stages in negotiation. The compulsory arbitration program in Philadelphia is analyzed in terms of its history, structure, and the 1981 change to a centralized system. An examination of community dispute resolution emphasizes the value of nonprofessionals and warns against excessive emphasis on professionalization. Results of a survey of arbitrators in Philadelphia are presented, with emphasis on their perceptions of the fairness of the system. The use of negotiated rulemaking in a Federal agency is described. Footnotes.