Paper Summary:

The paper explains how alternative dispute resolution (ADR) differs from a traditional litigated dispute, mainly that mediation is both faster and less expensive than traditional litigation. The paper looks at how ADR has practically changed the legal landscape and explores what these changes mean for the future of the justice system.

From the Paper:

"Alternative dispute resolution (ADR) has changed the face of the American legal climate. The U.S. legal system has historically been an adversarial system, one where two parties enter into the justice system and only one can possibly emerge the victor. ADR has helped change the tone of the justice system in the United States, by allowing more room for negotiation, and providing a greater array of settlement options, beyond those delineated by statute. However, it would be naive for one to assume that ADR has changed the basic nature of the American justice system; it is still a very adversarial process. What it has done is provide means for some parties to achieve successful resolution without investing the same time and expense that traditional litigation would require. It has also allowed litigating parties to maintain more amicable personal or business relationships, while still focusing on conflict resolution."

Sample of Sources Used:

• Roberts, Michael. "Why Mediation Works." Mediate.com. 2000. Resourceful InternetSolutions. 4 Oct. 2008 <http://www.mediate.com/articles/roberts.cfm>.
• U.S. Office of Special Counsel. Alternative Dispute Resolution. OSC Online. 2004. OSC.gov. 4 Oct. 2008 <http://www.osc.gov/adr.htm>.
• The World Bank. "Topic Brief on Alternative Dispute Resolution." Law and Justice Institutions. 2009. The World Bank Group. 4 Oct. 2008 <http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTINST/0,,contentMDK:20755904~menuPK:2035565~pagePK:210058~piPK:210062~theSitePK:1974062,00.html>.

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