Mandatory Court-Annexed Alternative Dispute Resolution in the United States Federal Courts: Panacea or Pandemic?

Authors

Ettie Ward

Publication Date

2007

Document Type

Symposium

Abstract

(Excerpt)

This paper addresses the current state of mandatory court-annexed ADR in the United States federal courts. Part I provides a summary overview of how ADR has developed in the federal courts. Part II briefly describes the positions of the proponents of increased ADR in the courts and of those critical of ADR court initiatives. Part III outlines issues that remain to be addressed and suggests possible avenues for empirical research. The conclusion proposes that we maintain continuing oversight and scrutiny of the process and ADR processes designed to operate after the parties enter the courthouse. As others have warned, we may be inadequately factoring in the impact that our ad hoc development and incorporation of ADR practices into the courthouse may have on both the litigation process and ADR.