"Electronic Alternative Dispute Resolution "

Paper Summary:

The article begins by noting that ADR techniques are becoming increasingly popular as an alternative to litigation. Before discussing the electronic, it first introduces the traditional ADR methods including negotiation, mediation, arbitration and moderated settlement conference, describing how each works.

From the Paper:

"It goes on to discuss the advantages of ADR which include speed, cost, control, confidentiality, flexibility, maintenance of relationships and ease. It also notes that there are disadvantages to ADR, stating these as being that it may not be effective in bitter disputes, that a resolution may not be reached, that fear exists that participants may not abide by the decisions reached, the fact that is does not give people their day in court and the possibility of unregulated procedures.
Despite these disadvantages, both federal and state laws encourage the use of ADR procedures, with the Federal Arbitration Act and the Uniform Arbitration Act cited as examples. It is also noted that arbitration is also encouraged on an international level. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention and the International Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID) are referred to as evidence of this international interest in encouraging ADR."

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