Post by Sapphire Capital on Feb 18, 2009 10:02:06 GMT 4
Maintaining ADR Integrity
Carrie Menkel-Meadow
Georgetown University Law Center; University of California, Irvine Law School
Alternatives to the High Cost of Litigation, Vol. 27, No. 1, pp. 7-9, January 2009
UC Irvine School of Law Research Paper No. 2009-6
Abstract:
On the occasion of the 30th Anniversary of the Center for Public Resources-International Institute for Conflict Prevention & Resolution, Professor Menkel-Meadow considers the issues in maintaining high quality and integrity in the use of ADR methods, including mediation, negotiation and arbitration. The initial goals of the ADR movement are contrasted to some recent developments and challenges to these goals, with a focus on some key issues to watch in the future -- "sham" processes, misuse of processes for adversarial gain, unethical uses, incompetent parties, lawyers and neutrals and dilution of the original goals of quality and "tailored" dispute resolution.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1340185_code1206381.pdf?abstractid=1340185&mirid=5
Carrie Menkel-Meadow
Georgetown University Law Center; University of California, Irvine Law School
Alternatives to the High Cost of Litigation, Vol. 27, No. 1, pp. 7-9, January 2009
UC Irvine School of Law Research Paper No. 2009-6
Abstract:
On the occasion of the 30th Anniversary of the Center for Public Resources-International Institute for Conflict Prevention & Resolution, Professor Menkel-Meadow considers the issues in maintaining high quality and integrity in the use of ADR methods, including mediation, negotiation and arbitration. The initial goals of the ADR movement are contrasted to some recent developments and challenges to these goals, with a focus on some key issues to watch in the future -- "sham" processes, misuse of processes for adversarial gain, unethical uses, incompetent parties, lawyers and neutrals and dilution of the original goals of quality and "tailored" dispute resolution.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1340185_code1206381.pdf?abstractid=1340185&mirid=5