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ADR in the Courts - Book Report/Review Example

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The following report "ADR in the Courts" deals with the institutionalization of alternative dispute resolution (ADR) as used in the courts. According to the text, ADR, and particularly its growth, is shown to have revolutionized the way the court perceive their role…
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ADR in the Courts
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Download file to see previous pages When mediation is administered by or connected to the court, it raises concerns about the court’s and mediation’s own core values and goals, and the article suggests strategies to promote mediation as an ADR to satisfy the court’s needs. This paper will summarize the article and give the writer’s personal opinion.
Senft and Savage (2003) note that the most significant cause of mediation growing across the country is the courts’ legal authority. By institutionalizing it in the courts, millions of citizens who would otherwise not have learned of the process have been exposed to mediation. However, while courts are increasingly making use of mediation, serious concerns are also arising from the way it is being used. The courts have been too aggressive in embracing the process, or various others labeled as such, at the expense of attention to clarity and goals. According to the article, the proponents of mediation intended it to be an alternative to the adversarial, expensive and bitter experiences of litigation, which is also alienating. It was their intention that mediation provides an opportunity to change the negativities of conflict interaction to more positive procedures. People affected by disputes or conflicts were meant to be brought together and hold conversations about the aggravating circumstances between them and explore and, more importantly, agree on a mutual solution. In this sense, Senft and Savage (2003) suggest that the core value offered by mediation as an ADR in courts is the opportunity for the litigants to experience the conflict that is non-alienating but, rather, augments human connections. This value is a manifestation of the promise of voice and choice that mediation gives all participants. ...Download file to see next pagesRead More
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