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Office of Justice Initiatives - American Bar Association

Office of Justice Initiatives

Summary of State and Local Justice Initiatives
2000


ALTERNATE DISPUTE RESOLUTION: mediation, arbitration, etc.

 

Alternative dispute resolution is the settlement of disputes without litigation, through such means as arbitration, mediation, summary jury trials, etc., which vary in the level of their formality. Some are court-annexed. The 1996 Agenda for Justice report on ABA policies notes that ADR has become such an integral part of the modern justice system that it may no longer be an "alternative" to it. ADR is often less expensive than litigation and frees up court time for matters that cannot be solved by alternate means.

The Maryland ADR Commission is a diverse, high-level, multi-disciplinary, group created and chaired by the Honorable Robert M. Bell, Chief Judge of the Maryland Court of Appeals. Its purpose is to advance the appropriate use of mediation and other dispute resolution processes in the courts as well as in communities, schools, state and local government agencies, criminal and juvenile justice systems, and businesses. Commission members include judges, legislators, state and local government officials, lawyers, mediators, arbitrators, business and community representatives, academics, court personnel and other policy makers from across the state.

A number of courts and state or local bars also reported activity in this area that reflects the typical and traditional work of lawyers and judges working through bar or court committees.

The ADR Section of the Arkansas Bar Association held its second "Settlement Week". The program utilizes trained attorney mediators and occurs in one of the trial courts with the heaviest case backlog.

The Vermont Bar Association Committee on ADR hosted a meeting with representatives of agencies providing or supporting appropriate dispute resolution, to formulate a plan to highlight the strengths of ADR one month during the year.

The Maryland Judiciary implemented a variety of new initiatives in 1999, to complement the on-going successes of its ADR Commission working to create a Maryland State Dispute Resolution Office.

In cooperation with the state bar the South Dakota courts are initiating a statewide court annexed ADR project to promote civil mediation.

For additional information contact the ABA Section of Dispute Resolution, 740 15th Street, NW, Washington, DC 20005-1009, 202/662-1690, fax 202/662-1032, e-mail: dispute@abanet.org.

The plain-language Roadmap, "Alternate Dispute Resolution – Alternatives to Litigation" provides valuable information and specific examples of projects and programs focused on ADR issues. Roadmaps are available through the ABA Office of Justice Initiatives, 312/988-6138, justice@abanet.org.