Private Dispute Resolution (From Privatizing the United States Justice System: Police, Adjudication, and Corrections Services From the Private Sector, P 229-237, 1992, Gary W Bowman, Simon Hakim, et al., eds. - See NCJ-137785)

• NCJ Number: 137797
• Author(s): M S Gillie
• Date Published: 1992
• Length: 9 pages
• Sale Source: McFarland & Company, Inc.
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Alternative dispute resolution is a new profession with undetermined standards and unresolved ethical issues, but it has accomplished much and holds great promise for helping people and businesses settle their disputes as quickly and easily as possible.

Abstract

Mediation and arbitration are the two major alternatives to litigation. The insurance industry has taken the lead in applying alternative dispute resolution techniques. Concerns expressed about alternative dispute resolution include the view that only judges should resolve disputes, that disputants should not be forced to use alternatives, that impartiality will be distorted by the profit motive, that private alternatives will harm the public court system, and that alternatives will make the court system an inferior form of justice. However, these arguments either reflect ignorance about alternative dispute resolution or overlook its simplicity in comparison to the court system. Its unresolved issues are all surmountable, and it offers the possibility of improving American society.