NCJ Number
97004
Date Published
1984
Length
8 pages
Annotation
The need for attorneys and clients to be educated regarding the use of alternative dispute resolution (ADR) is emphasized, and methods of deciding whether a case is appropriate for ADR are reported.
Abstract
Xerox's efforts to promote ADR are noted, and the possibility of the corporation being involved in an international dispute which may be resolved through ADR is examined. Cases posing potential problems for ADR are described; for example, the application of ADR may be more difficult in class actions involving attorneys' fees, in cases where there is no continuing business relationship between the parties, and in situations where there is a high level of animosity. Law firms and corporations are urged to evaluate the applicability of ADR to their current caseload on a case-by-case basis and to systematize the process. Four elements are suggested to determine whether a case has ADR potential: (1) the general characteristics of the case, (2) the nature of the parties, (3) special situation factors, and (4) barriers to negotiation. Further, various concerns regarding the use of ADR are considered, including how to keep minitrial proceedings confidential. Two potential dangers of ADR (subsiding into banality and succumbing to confusion on the issue of 'position versus procedure') are identified. Finally, the importance of law firms' offering training in ADR to their attorneys is noted.