NCJ Number
101742
Journal
University of Florida Law Review Volume: 37 Issue: 1 Dated: (Winter 1985) Pages: 1-18
Date Published
1985
Length
18 pages
Annotation
This article presents an overview of alternative dispute resolution mechanisms (ADRM's) presently used and identifies general problems and prospects for ADRM's.
Abstract
Current types of disputes and programs are labor mediation and arbitration, commercial arbitration, consumer disputes, interpersonal disputes (neighborhood justice centers, divorce mediation, and parent-child disputes), intrainstitutional disputes, claims against the government, public disputes, and court-annexed mechanisms. The latter group of mechanisms includes small claims adjudication and mediation, compulsory arbitration, malpractice screening, and large and complex litigation ('rent-a-judge' and minitrials). A central problem in the use of ADRM's is their relationship to one another and to the court system. A structure that would facilitate the matching of dispute types to appropriate ADRM's would be a dispute resolution center, which would provide a variety of dispute resolution processes to address various kinds of disputes. Skilled and knowledgeable intake workers would be crucial to the center's success. In referring cases to various ADRM's, the intake worker would consider case characteristics, the relationship of the disputants, and the size and complexity of the claim. Other issues are the sparseness of data to measure ADRM effectiveness and the role of lawyers in ADR processes. 76 footnotes.