NCJ Number
106435
Journal
Missouri Journal of Dispute Resolution Volume: 1986 Dated: (1986) Pages: 1-28
Date Published
1986
Length
28 pages
Annotation
Reforming the law and using alternative dispute resolution techniques would both help correct the current problems involved in resolving defamation cases.
Abstract
The substantive law on defamation has produced major barriers to the efficient resolution of disputes, because it has led to the development of well-intentioned but confusing and ineffective rules. In addition, the potential for the use of alternative dispute resolution techniques is indicated by a University of Iowa study showing that most victims contact the media before bringing suit in order to set the record straight. The chance of resolving a dispute is greatest when the parties focus on their mutual interests rather than on their legal rights alone. Litigation is the appropriate choice for disputes involving irreconcilable differences or issues of a public nature. However, the choice to litigate should be conscious and made by informed parties who have decided that it is the best means of pursuing legitimate goals. Lawyers can aid this process by changing substantive and procedural law to fulfill only legitimate objectives and by recognizing that a healing process rather than legal combat will serve the best interests of many parties. 116 footnotes.