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The Legal System And Adr Analysis Law 531 Free Essays
- Demonstrate a general knowledge of Alternative Dispute Resolution (ADR) processes as they are emerging as an alternative to the adversarial system
Professionals should present to organizations, such as business or industry affiliate groups, the concept of ADR as an alternative dispute resolution system to be used before, or instead of, resorting to the legal system.
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Non-attorney professional conflict resolvers experience much frustration (Kleiman, 2006; Goldberg, 1997) because the professionals applying ADR methods to these court-annexed cases are almost all attorneys, who, although they may also have received some training in ADR, are fundamentally programmed through their education and training to analyze cases based on the adversarial approach of the legal system.
Beginning in the 1960’s, some courts introduced ADR programs to resolve some cases, which, although already in the legal system, could be better, or more quickly, or at least less expensively resolved through non-adversarial methods.
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They should contact those consumers of dispute resolution services and promote the benefits (lower cost, less escalation of conflict and attendant anguish, anxiety, and destruction of relationship, and more private resolution, for example) of choosing ADR before entering the legal system.
Rather than engaging in conflict with attorneys over who is better qualified to apply ADR methods to court-annexed cases, professional non-attorney conflict resolvers should instead endeavor to resolve disputes outside the legal system.
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ADR works closely with courts providing an alternative toadjudication. It is different from problem-solving in that it isbased on the assumption that all conflicts and disputes can beresolved by application of laws to them or by some kind ofnegotiation. Even though most of the conflicts resolved throughADR involve negotiable issues, many of them contain hiddenelements of human needs dissatisfaction. The author believes thatthere is a need for a real alternative to courts that canincorporate the problem-solving approach. He goes further insuggesting that the judicial process itself should be changed ifproblem-solving is to be institutionalized. There is also a needfor alteration of the institutions that deal with human needssatisfaction. Incorporation of the problem-solving approach inADR and the legal system would develop the knowledge required forchange.
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