Mediation and Dispute Resolution

Paper Summary:

This paper discusses how in an increasingly heterogeneous American society, the formality of courts and their adherence to the traditional adversary model has led to the recent emergence of several methods of alternative dispute resolution (ADRs). It examines how some of these methods, which include mediation, negotiation and arbitration, provide an alternative to litigation and have several advantages. It attempts to show that mediation is the most effective form of alternative dispute resolution, by examining the current system, the adversarial system and what aspects of this system create the need for alternative forms of dispute resolution. It also compares its advantages to the other forms of alternate dispute resolution.

From the Paper:

"In examining the reasons for the need of alternative dispute resolution, it is necessary to analyze the current method of resolving conflict in the American legal system. This system, known as the adversarial system, bases its existence on the central tenet "that conflict resolution is best achieved through an adversary process" (Levett Notes). This consists of two parties in a courtroom represented by an appointed advocate who is familiar with the law. The advocate presents his client's case before the judge, an independent fact-finder who weighs the merits of the case and evaluates their consistence with the law. This system is different from the inquisitorial system, which is used primarily in Europe, and has several crucial distinctions from the adversarial system."

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