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NCJ Number: 120340 Find in a Library
Title: Alternative Dispute Resolution: Melting the Lances and Dismounting the Steeds
Author(s): T E Carbonneau
Date Published: 1989
Page Count: 336
Sponsoring Agency: University of Illinois Press
Champaign, IL 61820-6903
Publication Number: ISBN 0-252-01640-8
Sale Source: University of Illinois Press
1325 South Oak Street
Champaign, IL 61820-6903
United States of America
Type: Survey
Language: English
Country: United States of America
Annotation: According to alternative dispute resolution (ADR) proponents, litigation procedures and the substantial investment of time, attorneys' fees, and emotion render most litigation counterproductive, particularly in divorce and personal injury cases.
Abstract: ADR advocates argue that the use of nonjudicial and nonadjudicatory procedures could yield more expedient and humane results. Legal and historical bases of the four principal systems of law dominant in the world today are outlined and examined, each showing a framework for dispute resolution. Arbitration provides procedural flexibility, expertise, and efficiency which respond to elements of the dilemmas posed by more traditional means of dispute resolution. The conclusions drawn are that American legal education should be redirected from the Anglo-American adversarial system to the humanistic, nonadversarial, alternative dispute resolution model.
Main Term(s): Alternative dispute settlement; Arbitration
Index Term(s): Divorce mediation; Torts
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