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.
A helpful link to numerous current discussions relating to ADR and its ever evolving uses.
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.
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.
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.
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.
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.
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.
This paper examines the role of attorneys as arbitrators, including analysis of arbitration panels. (KF9085 C46 2008)
This article discusses the community of alternative dispute resolution (ADR) professionals that has evolved as courts have incorporated ADR programs into the justice system.
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.
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.
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.
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.
This article provides an in-depth description of how the mediation program at the Ninth Circuit is structured.
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.
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.
This article describes the background and development of Virginia's Judicial Settlement Conference program, including court-referred mediation.
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).
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)