By: Professor Ettie Ward
Over the last thirty years in the United States, as well as
internationally, there has been a rapid expansion in alternative
dispute resolution (“ADR”). This Article pauses to reflect on
the relative benefits of both ADR and litigation and recognizes
that meshing the two may yield unintended consequences that operate
to the detriment of both the adversary process and ADR.
The Article provides an overview of the development of ADR in
the federal courts and questions how best to measure the
satisfaction of those involved. The Article goes on to
describe the positions of both the proponents and critics of
increased ADR in the courts and consider what conclusions, if any,
can be drawn from the study of empirical data. The Article
concludes by outlining issues that remain to be addressed,
including the interrelationship between ADR and the court process,
and proposes continued oversight and scrutiny of the processes
designed to operate after the parties enter the courthouse.