Getting Out of Court - Private Resolution of Civil Disputes (From Negotiating Solutions to Business Disputes, 1986, James C Freund and Joseph T McLaughlen, eds. - See NCJ-103073)

• NCJ Number: 103074
• Author(s): E D Green
• Date Published: 1986
• Length: 10 pages
• Sale Source: Law and Business, Inc
• Language: English
• Country: United States of America

Annotation

Alternative dispute resolution in civil disputes is described in terms of the underlying theory and the characteristics of eight processes: adjudication, arbitration, mediation/conciliation, traditional negotiation, private judging, the use of neutral experts for fact finding, the minitrial, and the settlement conference.

Abstract

Alternative dispute resolution techniques most suitable for use by corporations in disputes with employees, consumers, community groups, the government, and other corporations are also outlined. These techniques all try to allow disputants to reach a faster, cheaper, and more appropriate resolution of their disputes than would be possible using traditional adjudication and negotiation. Alternative dispute resolution techniques share four characteristics: (1) a retranslation from a legalistic dispute into a problem, (2) cooperative rather than aggressively adversarial processes, (3) involvement of a neutral third party, and (4) involvement of representatives of the parties with authority to resolve the dispute. Adjudication, arbitration, mediation, and traditional negotiation are the primary techniques for resolving disputes. The other techniques are hybrid processes that combine elements of the primary methods. Charts and 11 references.