NCJ Number
92424
Date Published
Unknown
Length
8 pages
Annotation
The growing use and acceptance of nonadjudicative methods of dispute resolution demonstrates the need for research, experimentation, and educational programs to maximize the potential of such techniques and processes.
Abstract
Three major types of alternative dispute resolution are arbitration, mediation and conciliation, and the use of the ombudsman. Little is known about how the various dispute resolution processes work, however. Questions to be investigated include the situations in which disputing parties need advocates, the types of advocates that are appropriate, the review of decisions, procedural rules and rules of evidence, the role and function of experts, the relative roles of discretion and standards in decisionmakers, and the types of conciliation that should be required prior to arbitration or adjudication. Since negotiation is involved at various stages in almost all disputes, it should be the subject of research as well. Both law school curricula and continuing legal education programs also need to incorporate training in alternative dispute resolution, since little education in these areas in currently available to the legal community. Three footnotes are provided.