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NCJ Number: 98663 Find in a Library
Title: Alternative Dispute Resolution - A Supermart for Law Reform
Journal: New Mexico Law Review  Volume:14  Issue:3  Dated:(Fall 1984)  Pages:467-482
Author(s): D W Nelson
Date Published: 1984
Page Count: 16
Format: Article
Language: English
Country: United States of America
Annotation: Methods of resolving disputes outside of the court and the adversary system are discussed.
Abstract: The American legal system, based on the premise of the adversary system, is unable to adequately resolve all disputes. To encourage the emergence of truth from a partisan trial procedure, certain features of trial procedures of civil law countries should be adopted. For example, trial recesses could be allowed when more investigation is required. In addition, neighborhood dispute resolutions could strengthen local communities by encouraging participation on many levels. More than 400 private and governmental agencies provide alternative dispute resolution services; 188 communities in 38 States have established 'neighborhood justice centers.' Other forms of public dispute resolution include arbitration, an administrative agency, a rent-a-judge plan, or other methods that invite third party participation with authority for binding resolutions. In addition, private dispute resolution methods are being developed. These may be a brief 'minitrial' approach, in which lawyers make their cases to a neutral third party whose opinion is nonbinding and private. Other private methods, such as the rent-a-judge, offer final, binding adjudication. Further education concerning all techniques of dispute resolution is required. Finally, law schools should be aware of the alternative dispute resolution movement. A total of 58 notes are listed.
Index Term(s): Alternative dispute settlement; Arbitration; Court delays; Court-administered arbitration; Dispute resolution; Law reform
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