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ADR

Resource Guide

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Jarret Hann

There are a variety of alternatives to the successful resolution of disputes other than trial.  The use of ADR allows parties to choose a dispute resolution method that suits their needs, reduces expenses, increases party satisfaction, and offers a more timely resolution of issues.  Because court-connected ADR is a method of case disposition, the final resolution may be presented to a judge for entry as the final disposition of the case, or for enforcement of the outcome.

Links to related online resources are listed below. Non-digitized publications may be borrowed from the NCSC Library; call numbers are provided.

Featured Links

ABA Journal Current ADR Topics and Discussions . (2012). ABA Journal: Law News Now.

A helpful link to numerous current discussions relating to ADR and its ever evolving uses.

Funding

Griller, Gordon Advancing Alternative Dispute Resolution in the New Mexico Judiciary: Key Strategies to Save Time and Money. (2011). Williamsburg, VA: National Center for State Courts.

This special study is a statewide, comprehensive assessment of court-annexed alternative dispute resolution (ADR) programs in appellate, district, metropolitan, and magistrate courts, and suggested practical strategies for improving the use and impact of ADR programs for the New Mexico Judiciary and the public it serves. Such programs hold great promise to save both time and money for courts and litigants.
Shack, Jennifer. Mediation in Courts Can Bring Gains, but Under What Conditions?. (Winter 2003). Dispute Resolution Magazine: 11 This article focuses on the conditions under which mediation saves courts time and money.
Models of Funding for Ohio Court Mediation Programs. (2000). Columbus: Supreme Court of Ohio, Dispute Resolution Office

This chart indicates types of mediation program by county and funding method as of February 2000.  Funding methods include party-pay; court staff or contract mediators paid by court; mediation by magistrates; settlement week conducted by volunteer attorneys; volunteer mediators at court; and court contract with community mediation center.

Neutral Certification

Report and Recommendations to the ACR Board of Directors. (March 2004). Washington, DC: ACR Mediator Certification Task Force The Association for Conflict Resolution (ACR) created a task force to establish a mediator certification program. 
Report on Mediator Credentialing and Quality Assurance. (October 2002). Task Force on Credentialing, ABA Section of Dispute Resolution This report addresses concerns regarding mediator competence, quality assurance initiatives, credentialing options and quality of dispute resolution provider organizations.

Program Evaluation

The Alternative Dispute Resolution Evaluation Support System (ADRESS): final report. (December 2011). MACRO - Mediation and Conflict Office.

MACRO's activity during the ADRESS project can be grouped into three categories: developing the software application, developing the questionnaires, and publicizing the project.  Together, these activities have resulted in a robust system that will collect and report vital data not only for the management and improvement of the Maryland judiciary's ADR programs, but also for any other court system nationwide that chooses to use it.
Alaska`s Adult Guardianship Mediation Program Evaluation. (March 2009). Alaska Judicial Council

This project evaluation looks at the program's need, the court's response and provides background for the project.  Evaluation criteria include whether agreement was reached, whether plans enhanced the care and safety of high risk adults, the avoidance of contested court proceedings, and whether participants experienced a satisfactory mediation process.
Pou, Charles Jr. Scissors Cut Paper: A "Guildhall" Helps Maryland's Mediators Sharpen Their Skills. (2005). Justice System Journal (Vol. 26, No. 3)

This article offers an overview of Maryland's new Quality Assurance (QA) system; compares it to approaches that have been taken elsewhere; and commends it to courts and other mediation users as a vehicle for improving mediation practice and for serving as a trustworthy indicator of skilled performance.
Iverson, Dale and Anne Bachle Fifer. Developing, Implementing, Administering and Evaluating Approved ADR Plans: A Checklist for Court Staff and ADR Committees. (September 2002). Michigan Supreme Court, State Court Administrative Office, Office of Dispute Resolution This plan provides a sequence of steps that local courts can follow to adopt and implement an ADR program. (KFM 4760.3 I93 2002)

Standards

Model Standards of Conduct for Mediators. (August 2005). American Bar Association, American Arbitration Association and the Association for Conflict Resolution Nine standards cover the following issues: self-determination, impartiality, conflicts of interest, competence, confidentiality, quality of the process, advertising and solicitation, fees and other charges, and advancement of mediation practice.
Standards for the Establishment and Operations of Ombuds Offices. (February 2004). American Bar Association

These standards were approved by the ABA House of Delegates at its 2004 midyear meeting and cover ombuds qualifications, impartiality, confidentiality, limitation of authority, and removal from office.
Model Standards of Practice for Family and Divorce Mediation. (August 2000). Madison, WI: Association of Family and Conciliation Courts: Symposium on Standards of Practice These model standards were formulated by a working group composed of members of the Association of Family and Conciliation Courts, the Family Law Section of the American Bar Association, and the National Council of Dispute Resolution Organizations.  The standards are a guide for the conduct of family mediators, inform participants and promote public confidence in the mediaton process.

Arbitration

Choi, Stephen, Jill E. Fisch, and Adam C. Pritchard. Attorneys as Arbitrators. (April 2008). New York University School of Law, NYU Center for Law and Economics

This paper examines the role of attorneys as arbitrators, including analysis of arbitration panels.  (KF9085 C46 2008)
Levy, Robert M. A Community of Court ADR Programs: How Court-Based ADR Programs Help Each Other Survive and Thrive. (2005). Justice System Journal (Vol. 26, No. 3).

This article discusses the community of alternative dispute resolution (ADR) professionals that has evolved as courts have incorporated ADR programs into the justice system.
Wissler, Roselle L. and Bob Dauber A Study of Court-Connected Arbitration in the Superior Courts of Arizona. (July 2005). Lodestar Dispute Resolution Program, Arizona State University College of Law Arizona has had mandatory, non-binding arbitration as a component of its civil court system for over three decades. The purpose of this alternative dispute resolution process is to provide for the efficient and inexpensive handling of small claims.
Levy, Robert M. ADR in Federal Court: The View from Brooklyn. (2005). Justice System Journal (Vol. 26, No. 3)

This article gives a snapshot of the mediation and mandatory arbitrating system in Brooklyn, outlining the effects on the court system and the challenges affecting this ADR system.
Arbitrator`s Handbook to Compulsory Arbitration in the Delaware Superior Court. Superior Court ADR Manual, Superior Court of Delaware This online handbook discusses preparation for arbitration hearings; conducting the hearing; the award; and the program's philosophy.  The handbook also includes a variety of links to rules, procedures, arbitrator's order, arbitrator's evaluation, online forms and information. 
Talia, M. Sue. Developments in Private Judging - The California Experience. (2005). Future Trends in State Courts.

This article explains the benefits of hiring a private judge, such as having a judge who is experienced in a specific field of law or having flexible scheduling since the consumer is not bounded by a court docket. This article also explains how private judging works under the California State Constitution as well as some concerns with the increase in private judging.
NSJBA Report on Arbitration. (2004). Trenton, NJ: New Jersey State Bar Association`s Ad Hoc Committee on Arbitration With the exception of certain complex cases, court-annexed arbitration in New Jersey was expanded in 2000 to encompass commercial, auto, and other personal injury cases regardless of the amount in controversy.  This report recommends the elimination of the mandatory nonbinding system in favor of a multi-door approach, and includes program statistics and costs.

Facilitation

Resources for Facilitators. Free Management Library This web site includes links to articles, activities, skills development, and organizations dedicated to serving facilitators.
Spangler, Brad. What is Facilitation?. (July 2003). Beyond Intractability.org This article reviews the core values of facilitation, the facilitator's role, facilitation skills and methods, and benefits of facilitation.

Hybrid Processes

Honeyman, Christopher. Hybrid Processes. (July 2003). Beyond Intractability, Eds. Guy Burgess and Heidi Burgess, Conflict Research Consortium, University of Colorado, Boulder This essay shares insights regarding hybrid dispute resolution processes, as well as additional resources for further information.

Mediation

State and Local Bar Association Dispute Resolution Summary Profiles. American Bar Association, Section of Dispute Resolution This list compiled by the ABA includes information about the alternative dispute resolution processes sponsored by bar associations in each of the fifty states, as well as by several local bars.  The list also includes links to the ADR web page for the bar associations.
Howe, Mary Beth and Robert Fiala. Process Matters: Disputant Satisfaction in Mediated Civil Cases. (2008). Justice System Journal (Vol. 29, No. 1)

The present research uses data from randomly assigned small-claims court mediation cases in New Mexico to assess the role of procedural and structural factors shaping disputant satisfaction with mediation.
Giovannuci, Marilou T. Creative Conflict Resolution Approaches for Dependency Cases. (2007). Future Trends in State Courts

This author provides a brief history of dependency mediation, explains the current dependency mediation situation, predicts "open adoption" and "cooperative adoption" will become more common, and anticipates the development of more alternatives to formal litigation.
Evans, Lisa Mediation in the Ninth Circuit Court of Appeals. (2005). Justice System Journal (Vol. 26, No. 3)

This article provides an in-depth description of how the mediation program at the Ninth Circuit is structured.
Hedeen, Timothy Coercion and Self-Determination in Court-Connected Mediation: All Mediations Are Voluntary, But Some Are More Voluntary than Others. (2005). Justice System Journal (Vol. 26, No. 3)

Courts must ensure that court-connected mediation is delivered as promised - that self-determination is maintained throughout. This article reviews the philosophical and practical dimensions of this difficult goal, concluding with four recommendatiosn to minimize coercion in mediation.

Minitrials

Smith, Robert M. The Minitrial: An Alternative to a Lengthy Lawsuit. MediationNOW.com This article discusses the many advantages of mini-trials over traditional litigation.

Neutral Evaluation

Early Neutral Evaluation: Getting an Expert`s Assessment -- Practical Guidelines and Steps for Getting Started. (2005). American Arbitration Association This brochure provides a useful overview of the early neutral-evaluation process.
Model Early Neutral Evaluation Agreement. (2001). Center for Effective Dispute Resolution This model agreement form includes suggested provisions for parties to consider when drafting their final written dispute resolution agreement.

Ombuds

Eisner, Michael. Creation of an Ombuds Office Can Prevent Retaliation Claims. (January 2007). Mediate.com This article explains what ombuds are and how they can be utilized to resolve disputes.
Russell, Rick. On Being an Ombuds: Considerations and Suggestions for Practice. (April 2003). Mediate.com In this article, the author outlines what an ombuds program needs for successful implementation and shares traps to avoid.

Settlement Conferences

Wissler, Roselle L. and Bob Dauber Leading Horses to Water: The Impact of an ADR "Confer and Report" Rule. (2005). Justice System Journal (Vol. 26, No. 3)

This study examines the effects of a rule requiring lawyers to confer with opposing counsel regarding settlement and ADR early in litigation and to report the results of that discussion to the court.
Ravindra, Geetha Virginia's Judicial Settlement Conference Program. (2005). Justice System Journal (Vol. 26, No. 3)

This article describes the background and development of Virginia's Judicial Settlement Conference program, including court-referred mediation.
Denlow, Morton Hon. and Jennifer E. Shack Judicial Settlement Databases: Development and Uses. (Winter 2004). Judges Journal 43, No.1:19 Federal magistrate judges in the U.S. District Court for the Northern District of Illinois collect and share data on completed settlements.  Confidential settlement summaries are compiled into a monthly report for the judges.  This article discusses the process and its use. 
Judicial Settlement Conferences. Oregon State Bar This article explains what a settlement conference is and discusses issues involving costs, scheduling, confidentiality, and what to expect.

Summary Jury Trials

Mitchell, Donna K., and Leslie C. Smith, U.S. Magistrate Judge. When Mediation Fails: The Summary Jury Trial Alternative. (November 2007). New Mexico Bar Issues discussed include when summary jury trials should be considered and when they are not appropriate, along with preparation for, the structure of, and the benefits of this dispute resolution method.
Womack-Weidner, Anita. Summary Jury Trials Cut Caseload. (Winter 2006). UCS Benchmarks: Journal of the New York State Unified Court System This article discusses the application of summary jury trials in the 9th Judicial District of New York.
McMurdy, Keith R. and Keith J. Rosenblatt. The Summary Jury Trial: An Alternative To The Traditional Alternative Dispute Resolution Process. (2005). The article describes situations where the parties drastically disagree over the value of a case and a summary jury trial may be an option worth exploring.
McDonough, Molly. Summary Time Blues. (October 2004). ABA Journal This article discusses issues encountered with the use of summary jury trials and why this unique alternative dispute resolution method has been underutilized.

Handbooks

ADR and the Law. (2008). American Arbitration Association, 22nd Ed

This book includes significant decisions by federal and state courts regarding alternative dispute resolution methods.  Topics covered include employment, labor, education, mediation, judicial review and legislation.  A section is also included on international alternative dispute resolution methods.  (KF9085 A15 A5 2008).
Folberg, Jay et al. Resolving Disputes: Theory, Practice, and Law. (2005). Aspen Publishers, New York, New York Mediation specific discussions include examination of mediation methods; representing clients in mediation; applications of mediation; court-connected mediation; concerns involving fairness; and law and ethics pertaining to mediation.  Coverage specific to arbitration includes  arbitration agreements, procedures and awards; the legal framework that supports arbitration; and fairness in arbitration.  The text also includes a section on matching the dispute resolution process to the dispute and mixed mediation/arbitration processes.  (KF9084 R47 2005)
ADR Handbook for Judges. (2004). American Bar Association Section of Dispute Resolution

This book addresses how to start a program; concerns involving multiple neutrals; qualification, training and compensation of neutrals; roles of the participants; and program quality assurance.  (KF9084 A75 A37 2004)