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NCJ Number: 119960 Find in a Library
Title: Rush to Unfairness: The Downside of ADR
Journal: Judges' Journal  Volume:28  Issue:3  Dated:(Summer 1989)  Pages:8-13,42-46
Author(s): J L Guill; E A Slavin Jr
Date Published: 1989
Page Count: 11
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: This article points out that some alternative dispute resolution (ADR) mechanisms are inconsistent with the fundamental constitutional rights of due process and equal protection.
Abstract: Groups advocating alternative dispute resolution also ignore the principles of an independent judiciary and the right of judicial review. While ADR is touted as less formal and less expensive than traditional litigation, it can also lead naive or ill-informed parties to make decisions against their interests. Uninformed parties can submit their claims to non-judges who can be biased, unethical, and unqualified. The effects of ADR on medical malpractice claims, government contracting, and negotiated rulemaking are discussed. Many businesses are promoting ADR and are encouraging ADR legislation and legal training. However, while ADR is highly appropriate in some cases, it can hurt less powerful disputants by causing them to compromise their constitutional rights. 46 references.
Main Term(s): Alternative dispute settlement
Index Term(s): Constitutional Rights/Civil Liberties; Judicial review
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