Get Alternative Dispute Resolution in Civil Justice Systems PDF

By Roger. E. Hartley

ISBN-10: 1593320167

ISBN-13: 9781593320164

ISBN-10: 1931202362

ISBN-13: 9781931202367

Hartley examines the advent of different dispute solution (e.g., mediation) in a courtroom process in Georgia. lawyers supported the creation of mediation to consolidate regulate of the criminal method and so as to add it to their practices. in addition they used mediation to settle a few situations extra speedy. Mediation gave judges flexibility to weed out minor situations and strategy others extra quick. even if, those adjustments weren't so nice as to place a dent in payment or trial charges, and Hartley concludes that whereas adjustments in court docket tactics have results, researchers have to study the habit of actors extensive for you to notice those results.

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Additional info for Alternative Dispute Resolution in Civil Justice Systems (American Legal Institutions)

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14 Finally, even though ADR has been added formally to court systems at all levels, no study has included ADR within a system-wide study of civil or criminal courts (Keilitz, 1994). In addition to this theoretical vacuum, there are several other reasons for a study of civil justice and ADR. First, no study to date has even offered a picture of the civil justice system as a whole or the way ADR programs interact with the civil justice system (Keilitz, 1994: 31). According to Keilitz and the National Center For State Courts (1994), such a study is needed to "enable courts to better integrate ADR into their case management systems (31).

The traditional conception of ADR as a non-adversarial mechanism for dispute resolution also lends itself to institutional interpretation. Because new institutionalists emphasize the importance of behavior that is endogenous to institutions, the addition of ADR to the civil justice system should, then, alter the system and individual behavior within it. Also, the political choice of adopting ADR provides a potential policy objective. We can learn a lot about how ADR and the civil justice system are linked, then, by operating from a neo-institutionalist framework.

In addition to new institutional perspectives, principal-agent theory may help us understand the relationship between ADR and the more general civil justice system. Principal-agent theory is based on an economic understanding of market activity of firms (see Alchian and Demsetz, 1972) and has been applied to the hierarchical control of other organizations (Moe, 1984; see Songer, Segal, and Cameron, 1994: 674). This theory is based on the principle that individuals who are "agents" will not always obey or act in the interests of a "principal" who has power over them, largely because economic theory suggests that acting in the interest of another may contradict economic self-interest (1994: 674).

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Alternative Dispute Resolution in Civil Justice Systems (American Legal Institutions) by Roger. E. Hartley

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