NCJ Number
117377
Journal
Negotiation Journal Volume: 5 Issue: 2 Dated: (April 1989) Pages: 119-132
Date Published
1989
Length
14 pages
Annotation
This analysis of the settings in which alternative dispute resolution programs have been established concludes that neither a completely centralized approach nor complete decentralization and autonomy of programs is the most desirable approach.
Abstract
The hypothetical case of a community's dispute with the Red Cross regarding its disposal of needles and blood products show how the way in which the dispute is framed and resolved differs, depending on whether the forum chosen is the private sector, the courts, the executive branch, or the legislature. Other issues are whether disputants should retain the option of going to court and whether procedures should emphasize the protection of legal rights or simply the resolution of problems. Eighteen States have undertaken statewide initiatives to try to resolve these issues. Models include the multi-door courthouse, the State office of mediation, the legislative council to define approaches and recommend legislation, offices within the judicial branch, executive commissions, and private networks and associations. These programs reflect the diversity of the dispute processing techniques and, in many cases, will encourage dialogues among representatives of different forum. Figures and note.