NCJ Number
109428
Journal
Emory Law Journal Volume: 36 Issue: 2 Dated: (Spring 1987) Pages: 533-601
Date Published
1987
Length
69 pages
Annotation
These five papers and introductory commentary focus on the role of various disciplines in the development and application of dispute resolution mechanisms, particularly those involving family relationships.
Abstract
Emory University faculty members in theology, law, business administration, and political science debated the merits of alternative dispute resolution (ADR). A critique of ADR argued that its proponents make assumptions that are seriously flawed and overlook the role of the law as the basis of our sense of community and as the source of protection of individual rights. A proponent of ADR proposes the use of the ancient image of covenant as the basis for shaping communities and relationships in ways not possible through the narrower image of contracts. Further papers comment on the arguments presented in the initial papers. One author argues that ADR has often produced practices that are even more inherently biased than legal mechanisms, because the bargaining parties are often unequal. Another asserts that ADR is a creative concept and has a useful role, although it cannot replace our adversarial system of law. Chapter footnotes.