NEW FRONTIERS IN ALTERNATIVE DISPUTE RESOLUTION

ABSTRACT

This symposium brings together seven papers pertaining to alternative dispute resolution (ADR). ADR, denoting non-judicial means of settling disagreements, has become the dominant mechanism for resolving disagreements. Its expansion should continue, fueled by the inherent deficiencies of the judicial system and by the changing nature of disputed issues that lend themselves more readily to these types of dispute resolution mechanisms. The first three papers focus on resolving environmental and natural resource disputes. These include a survey of American environmental lawyers, a case study of the World Commission on Dams, and a methodology aimed at uncovering “win-win” solutions. The fourth paper analyzes the new mediator training program of the Federal Mediation and Conciliation Service, an American governmental agency which is primarily charged with improving labor-management relations. The final three papers discuss ADR as a community-based approach to resolving civil and criminal justice cases as well as family disputes. These include two case studies of aboriginal dispute resolution systems (one from Canada and one from the United States), and an empirical comparison of forty-four criminal justice dispute resolution systems throughout the world.

ACKNOWLEDGMENTS

The reviewers of this special issue provided insightful comments that improved every paper in this Symposium. They were N. Joseph Cayer (Arizona State University), Roger Clark (Rutgers University), Richard Harris (Rutgers University), Sanjay Pandey (Rutgers University), Kathleen Pereles (Rowan University), Joel Rudin (Rowan University), and Cheryl Simrell King (Evergreen State College). Without the tremendous and timely efforts of the reviewers and the authors, this Symposium could never have been completed.