ADR Techniques and Procedures Flowing Through Porous Boundaries: Flooding the ADR Landscape and Confusing the Public

Marvin E. Johnson
Center for Alternative Dispute Resolution

Stephen K. Erickson
affiliation not provided to SSRN

January 27, 2012

Practical Dispute Resolution, Volume 5, No. 1, January 2010

Abstract:

This article addresses a growing trend in ADR — the blurring of boundaries between various ADR processes. This blurring of boundaries raises crucial issues to the further development of the field, particularly regarding fundamental distinctions between ADR processes that encourage cooperative behavior versus those that encourage competitive behavior. The loss of these distinctions is having the collateral consequence of increasing litigation regarding ADR. The intention of this article is to raise questions designed to clarify more principled boundaries between various ADR processes in order to assist the public and the practitioner to understand truly what the profession is offering and to protect consumer choice. The authors set forth what they believe are principled boundary distinctions between more cooperative/problem solving ADR processes and more competitive/adjudicative ADR processes to enable parties to understand the fundamental principles guiding each approach and to make better choices about which approach will better meet their goals in particular cases.

ADR Techniques and Procedures Flowing Through Porous Boundaries- Flooding the ADR Landscape and Confusing the Public

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