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NCJ Number: 97339 Find in a Library
Title: Study of Barriers to the Use of Alternative Methods of Dispute Resolution
Corporate Author: Vermont Law School
United States of America
Date Published: 1984
Page Count: 253
Sponsoring Agency: Vermont Law School
South Royalton, VT 05068
Sale Source: Vermont Law School
Dispute Resolution Project
South Royalton, VT 05068
United States of America
Language: English
Country: United States of America
Annotation: This paper includes a transcript of a symposium held to examine the barriers preventing the widespread use of alternative dispute resolution (ADR); four papers on these barriers also are included.
Abstract: Different perceptions of dispute resolution are reviewed, and the need for more discussion of the content of a dispute and less discussion of the procedure is emphasized. The emergence of disputes is traced, beginning with the transformation of unperceived injurious experience into perceived injurious experience. A typical neighborhood justice center case is discussed, and some of the principles constituting the legacy of the American adversarial system are identified. One principle, for example, regulates the way in which people view the relationship of legal rights to overall social goals. The question of whether bureaucrats will accept environmental mediation is raised, and the need for providing incentives for agencies to use mediation is noted. The problem of enforcing negotiated agreements to environmental disputes is examined, and cost allocations for cleaning up hazardous waste sites are explored. Two problems arising in the resolution of family disputes are analyzed: protection of client confidentiality by nonlawyer mediators and the unequal bargaining power of disputing spouses. The legal profession's attitudes toward divorce mediation are examined, with emphasis on Rule 2.2's authorization of a mediational role for lawyers. Finally, statutes that implement the process of mediation are discussed, and changes in law school education which will provide students with ADR knowledge and skills are recommended. Approximately 400 references are included.
Index Term(s): Alternative dispute settlement; Divorce mediation; Law schools; Mediation; Mediators; Neighborhood justice centers
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