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State Adoption of Alternative Dispute Resolution: Where Is It Today?

NCJ Number
111855
Journal
State Court Journal Volume: 12 Issue: 2 Dated: (Spring 1988) Pages: 4-11
Author(s)
S Keilitz; G Gallas; R Hanson
Date Published
1988
Length
8 pages
Annotation
This article focuses on alternative dispute resolution (ADR) and its acceptance in State court systems.
Abstract
Advantages of ADR include longer lasting settlements, greater access to justice, avoidance of long court delays, and more satisfaction on the part of disputants. Through survey research supported by the Conference of State Court Administrators (COSCA) and funded by the National Institute for Dispute Resolution (NIDR), the ADR movement's progress State by State and within the States was charted. These data were gathered from all 50 States and the District of Columbia through questionnaires and followup calls. State court administrators in 44 States, the District of Columbia, and Puerto Rico reported 458 operating alternative dispute resolution programs. The types of ADR programs ranged from mandatory, court-annexed arbitration and mediation programs to statutory provisions for discretionary referral processes. The types of cases treated include minor criminal and some felony charges and many types of civil disputes. The use of court-annexed arbitration tends to be concentrated in a small number of more-populated States, suggesting that its acceptance is tentative. Nearly all States have at least one ADR program, although some States have considerably more ADR activity than others, suggesting that the ADR movement is in its developmental stages. In order to ensure higher ADR program adoption, proponents must fortify their relationship with the administrators of the judicial systems they seek to enhance. 4 tables and 16 footnotes.