Alternative Dispute Resolution (alternative + dispute_resolution)

Distribution by Scientific Domains


Selected Abstracts


ALTERNATIVE DISPUTE RESOLUTION FOR HAGUE CONVENTION CHILD CUSTODY DISPUTES*

FAMILY COURT REVIEW, Issue 2 2007
Radoslaw Pawlowski
This note explains that an Alternative Dispute Resolution (ADR) protocol should be adopted as part of the Hague Convention on the Civil Aspects of International Child Abduction to facilitate the amicable resolution of cross-border child custody cases. It suggests that national ADR models should be used as a guide to improve this treaty. First, this note brings to light the negative effect of cross-border litigation on children as well as the complexities and the deficiencies of this international treaty. Second, it examines mediation and arbitration systems employed in the United States, Europe, and Australia and how these can be transposed on the international scale. Third, it proposes how the ADR protocol should be drafted and implemented. A sound ADR mechanism would alleviate the unfortunate conditions of children trapped in long and destructive international child custody battles. [source]


MAKING ALTERNATIVE DISPUTE RESOLUTION (ADR) LESS ALTERNATIVE: THE NEED FOR ADR AS BOTH A MANDATORY CONTINUING LEGAL EDUCATION REQUIREMENT AND A BAR EXAM TOPIC

FAMILY COURT REVIEW, Issue 4 2006
Dori CohenArticle first published online: 11 SEP 200
Divorce proceedings have had a negative reputation due to their adversarial nature. Litigation in the family law field has exacerbated an already emotionally charged atmosphere. Alternative dispute resolution (ADR) has grown in importance over the past three decades and has helped to alleviate some of the animosity which accompanies divorce and child custody matters. Parents in particular are aided by the benefits of options such as mediation and collaborative divorce, obtaining increased control over their agreements in situations where the relationships will be continuous due to shared parenting responsibilities. However, much more could be done to increase the use of ADR in family law proceedings. Current family law practitioners could fill many roles, including mediator, advocate during mediation, collaborative negotiator, arbitrator, and counselor regarding which process to implement. Knowledge about these different roles, with their attendant skills and ethical issues, has become imperative. This Note will advocate for a mandatory continuing legal education requirement in ADR for matrimonial attorneys, as well as for the inclusion of ADR as a topic on state bar examinations. An increased knowledge of ADR will benefit divorcing parents and their children, ease an overcrowded court system, and lead to greater personal and professional satisfaction for the family law practitioner. [source]


ALTERNATIVE DISPUTE RESOLUTION FOR HAGUE CONVENTION CHILD CUSTODY DISPUTES*

FAMILY COURT REVIEW, Issue 2 2007
Radoslaw Pawlowski
This note explains that an Alternative Dispute Resolution (ADR) protocol should be adopted as part of the Hague Convention on the Civil Aspects of International Child Abduction to facilitate the amicable resolution of cross-border child custody cases. It suggests that national ADR models should be used as a guide to improve this treaty. First, this note brings to light the negative effect of cross-border litigation on children as well as the complexities and the deficiencies of this international treaty. Second, it examines mediation and arbitration systems employed in the United States, Europe, and Australia and how these can be transposed on the international scale. Third, it proposes how the ADR protocol should be drafted and implemented. A sound ADR mechanism would alleviate the unfortunate conditions of children trapped in long and destructive international child custody battles. [source]


MAKING ALTERNATIVE DISPUTE RESOLUTION (ADR) LESS ALTERNATIVE: THE NEED FOR ADR AS BOTH A MANDATORY CONTINUING LEGAL EDUCATION REQUIREMENT AND A BAR EXAM TOPIC

FAMILY COURT REVIEW, Issue 4 2006
Dori CohenArticle first published online: 11 SEP 200
Divorce proceedings have had a negative reputation due to their adversarial nature. Litigation in the family law field has exacerbated an already emotionally charged atmosphere. Alternative dispute resolution (ADR) has grown in importance over the past three decades and has helped to alleviate some of the animosity which accompanies divorce and child custody matters. Parents in particular are aided by the benefits of options such as mediation and collaborative divorce, obtaining increased control over their agreements in situations where the relationships will be continuous due to shared parenting responsibilities. However, much more could be done to increase the use of ADR in family law proceedings. Current family law practitioners could fill many roles, including mediator, advocate during mediation, collaborative negotiator, arbitrator, and counselor regarding which process to implement. Knowledge about these different roles, with their attendant skills and ethical issues, has become imperative. This Note will advocate for a mandatory continuing legal education requirement in ADR for matrimonial attorneys, as well as for the inclusion of ADR as a topic on state bar examinations. An increased knowledge of ADR will benefit divorcing parents and their children, ease an overcrowded court system, and lead to greater personal and professional satisfaction for the family law practitioner. [source]


Refining and testing joint fact-finding for environmental dispute resolution: Ten years of success

CONFLICT RESOLUTION QUARTERLY, Issue 4 2001
Scott T McCreary
For the past decade, we at CONCUR have been mediating complex environmental disputes and using the technique of joint fact-finding as a cornerstone of our model of practice. In this article, we present and reflect on this body of experience, with the goal of better informing both our colleagues in the field and other potential users of alternative dispute resolution (ADR) about the elements and preconditions for successful use of joint fact-finding. We also aim to contribute actively to current initiatives on best practices. [source]


The Underside of Conflict Management , in Africa and Elsewhere

IDS BULLETIN, Issue 1 2001
Laura Nader
Summaries This article traces the evolution of thought on dispute resolution in recent decades and takes a critical look at its latest incarnation, the alternative dispute resolution (ADR) revolution. It argues that ADR is premised on the harmony model of law that denies the unequal power of disputing parties and ignores issues of social justice. It calls for a real dialogue by serious scholars willing to examine the now plentiful evidence of the performance of ADR devices. The article also shows that dispute resolution is not autonomous from other social and economic components of social systems, and that as a consequence it is not possible to divorce law and power. Any ADR scheme, therefore, needs careful study of the social conditions in which it may operate. [source]


A New Paradigm for the Teaching of Business Law and Legal Environment Classes

JOURNAL OF LEGAL STUDIES EDUCATION, Issue 1 2006
Marc Lampe
There is a need to develop curriculum and materials on law-related topics better designed for business students planning a career in business. Except incidentally, business school legal faculty are not teaching future lawyers or paralegals. The world of the business practitioner is very different from that of the lawyer. For most business people the law and lawyers are a necessary nuisance. Furthermore, the legal world is changing. For example, methods of alternative dispute resolution (ADR) have become mainstream. Opportunities for "self-help law" have proliferated. These trends, and other opportunities considered in this article, offer substantial benefits to the business community. To meet the needs of today's business person, college business law and legal environment courses must stress economical, intelligent prevention of legal problems and resolution of conflict. This article is about empowering future business managers by utilizing their class time to educate them to more directly meet these goals. Topical coverage and pedagogical approaches for implementing a new paradigm in a business school introductory law course are detailed. Faculty members should not allow fear of change to deter a needed overhauling of the curriculum, as such procrastination could harm the profession's future standing. [source]


Mediation matters: States, insurers focus on ADR for Katrina relief

ALTERNATIVES TO THE HIGH COST OF LITIGATION, Issue 3 2006
Russ Bleemer
Details on the role alternative dispute resolution will play in the recovery from Hurricanes Katrina and Rita in the deep south. Calls for deploying ADR have been answered: Two states have hired the American Arbitration Association to conduct mediation facilities for homeowners' claims, and a third will set up a similar program. At the same time, two large insurers have enlisted 9/11 victims fund special master Kenneth Feinberg to administer their mediation efforts. One of the company programs will focus on mediating commercial claims. [source]


Lessons Learned from Two Decades of Alternative Dispute Resolution Programs and Processes at the U.S. Environmental Protection Agency

PUBLIC ADMINISTRATION REVIEW, Issue 6 2001
Rosemary O'Leary
Mediation, facilitation, and other alternative dispute resolution (ADR) techniques are being used in federal agencies, state and local governments, private-sector organizations, and among private citizens in an effort to prevent and resolve disputes in a timely, cost-effective, and less adversarial manner. The U.S. Environmental Protection Agency (EPA), one of the pioneers in the application of ADR processes and techniques to public policy disputes, recently announced that it plans to in-crease the use of ADR techniques and practices across all agency programs. This article reports the results of a four-part evaluation of the use of ADR in enforcement actions at the EPA during the last two decades. Funded by the Hewlett Foundation, this effort utilized in-depth telephone interviews, government statistics, and archival records. The four groups interviewed were EPA's alternative dispute resolution specialists, potentially responsible parties (defendants) to EPA enforcement lawsuits, mediators and facilitators to EPA cases, and agency enforcement attorneys who had participated in agency enforcement ADR processes. Concluding that there are generally high levels of satisfaction with the EPA's enforcement ADR program, this article examines the sources of obstacles and assistance to ADR efforts at the EPA, suggests ways in which the EPA might improve its ADR programs, and draws lessons from the EPA's experiences that may be helpful to other public programs or organizations. [source]