[DOWNLOAD] "ADR and the Cost of Compulsion (The Civil Trial: Adaptation and Alternatives)" by Stanford Law School * eBook PDF Kindle ePub Free
eBook details
- Title: ADR and the Cost of Compulsion (The Civil Trial: Adaptation and Alternatives)
- Author : Stanford Law School
- Release Date : January 01, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 338 KB
Description
INTRODUCTION This Article will explore alternative dispute resolution's (ADR's) rush to embrace compulsion both in the private contract setting and with respect to court-compelled ADR programs. It will consider the risks posed when ADR is required rather than freely chosen. In the private contract context, these risks include the likelihood that adhesion contract drafters will use arbitration clauses and related requirements to short-circuit existing legislation with newly drafted provisions protective of their special interests, that contract drafters will, in some cases, go even further and use their drafting power to squelch all claims, and that ADR providers will be sorely tempted to cast their lot with adhesion contract drafters in order to win and retain valuable business. Next, the risks of compulsion in court-annexed programs will be canvassed. These include exposing litigants to wildly varying ADR experiences unrelated to the merits of their claims, as well as a range of procedural problems and heightened pressure to settle without a trial. This Article will then examine compulsion-created risks that are likely to arise in both the private and public contexts. Two of these will be the main focus: first, that compulsory ADR processes may fail to satisfy deep-seated psychological needs associated with a sense of justice; and second, that mandating ADR is likely to increase the prospect that biases favoring the strong over the weak will be introduced into the decisionmaking process.
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