NCJ Number
104135
Journal
National Law Journal Dated: (April 30, 1984) Pages: 11,21
Date Published
1984
Length
2 pages
Annotation
This article describes the features of the Federal Bar Council's Alternative Dispute Resolution (ADR) project, which grants broad authority to attorney-adjudicators to manage the dispute resolution in a manner that speeds agreement between the disputants.
Abstract
An adjudicator is jointly selected by the parties, possibly from the Federal Bar Council panel, which consists of experienced trial lawyers, with some likely to have substantial knowledge and experience in the dispute area. The adjudicator operates less like typical judges and arbitrators and more like a French or civil law judge, who manages the inquiry and directs all parties in moving the dispute toward resolution. The adjudicator determines the rules for processing a particular dispute and disciplines the parties for not following directives. The adjudicator may interrogate all parties and witnesses, confer with counsel on disputed points, and solicit information in addition to that submitted by the parties. Prior to the proceeding, the parties enter into a form ADR agreement that enables the parties to tailor dispute resolution procedures to their tastes. This could include specification of the authority the parties wish to give the adjudicator. Since the adjudicator's decision in the dispute is made pursuant to agreement, decisions can be enforced either as a breach of contract or as a court judgment entered upon the adjudicator's award. There is no jury or appeal procedures.