Papers by Jethro Lieberman
The University of Chicago Law Review, 1986
In less than a decade, alternative dispute resolution-ADR-has grown from a bravely-voiced hope to... more In less than a decade, alternative dispute resolution-ADR-has grown from a bravely-voiced hope to a congeries of practices animated by the desire to resolve legal battles outside the courtroom. 1 ADR offers a way-station, or a series of them, between the probity of the adversary system and the flexibility of private negotiations. 2 Though not without an ideology, ADR has never had a unified theory to explain what it accomplishes and how it works. But enough experience has accumulated by now to permit a search for a more analytical understanding of ADR and the lessons it might teach. I. WHAT IS ADR? The ADR roster includes such well-known processes as arbitration, mediation, conciliation, and, perhaps, negotiation. These processes can be used to settle existing disputes or to prevent disputes from developing. 3 There are also new hybrid devices that borrow from courtroom procedure-including, most prominently, the mini-trial. 4 The roster may also be expanded to include the
Michigan Law Review, 1982
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Papers by Jethro Lieberman