Regulation of Dispute Resolution in the United States of America: From the Formal to the Informal to the ‘Semi-Formal’

  title={Regulation of Dispute Resolution in the United States of America: From the Formal to the Informal to the ‘Semi-Formal’},
  author={Carrie J. Menkel-Meadow},
The story of ADR in the US is one of ‘co-optation’ of what was to be a serious challenge to formalistic and legalistic approaches to legal and social problem solving and is now highly institutionalized by its more formal use in courts. At the same time, use of private forms of dispute resolution in mediation, arbitration and newly hybridised forms of dispute resolution among disputants who can choose (and afford) to leave the formal justice system (in both large commercial matters and private… 
This article highlights the use of formal justice and Alternative Dispute Resolution (ADRs) mechanisms in resolving land based conflicts in Kenya. The research employed a desk review method through
What is an appropriate measure of litigation? Quantification, qualification and differentiation of dispute resolution
This article reviews the claims about rates of litigation in the United States, as either “too much” or “too little” (e.g. “The Vanishing Trial”). While we need to understand aggregate litigation
Mediation: International Experience and Global Trends
Mediation involves neutral third party intervention to facilitate settlement of disputes (Section II). It is on the rise (Section IV), partly because it is encouraged by Government in various ways
Analysis of ‘Spirituality’ in the Japanese-Speaking Mediation Context: Its Contributions and Controversies
The present thesis analysed the suitability of the currently applied Japanese translations of the English terms ‘spiritual’ and ‘spirituality’ used by Lois Gold and Mark S. Umbreit in the mediation
Teaching Public Economics with Special Reference to Australian and US Cultures
  • P. Abelson
  • Sociology, Economics
    Australian Economic Review
  • 2019
This article discusses how teaching public economics is, and should be, related to national cultures. The article shows how the US culture of distrust of government influences the two major US texts


Creeping Mandatory Arbitration: Is it Just?
This Article examines the phenomenon of mandatory binding arbitration, imposed on consumers and employees, and considers whether this type of dispute resolution serves or instead undermines justice.
Peace and Justice: Notes on the Evolution and Purposes of Legal Processes
This text of the inaugural lecture for the A.B. Chettle, Jr. Chair in Dispute Resolution and Civil Procedure at Georgetown University Law Center presents an intellectual outline (theory and practice)
Constructing Virtual Justice in the Global Arena@@@Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order
In recent years, international business disputes have increasingly been resolved through private arbitration. This book details how an elite group of transnational lawyers constructed an autonomous
Internal Dispute Resolution: The Transformation of Civil Rights in the Workplace
Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those
Rent-a-Judges and the Cost of Selling Justice
For many free-market enthusiasts, it is axiomatic that whatever government can do, businesses can do better. Especially during the 1980s, "privatization" was the watchword for those frustrated by the
Are Cross-Cultural Ethics Standards Possible or Desirable in International Arbitration?
This essay (as a festschrift/melanges en l'honneur de Pierre Tercier, outgoing Chairman of the International Chamber of Commerce International Court of Arbitration and Professor at the University of
Mediation and Arbitration of Employment Disputes
Preface: Toward a Fair, Affordable, and Expeditions Procedure for Employment Conflict Resolution. The Authors. The Rise of Labor--Management Dispute Resolution. Labor--Management Arbitration as the
Opting out of the Legal System: Extralegal Contractual Relations in the Diamond Industry
BUSINESS disputes arise in all industries, and the diamond industry is no exception. Unlike the situation in many other industries, however, diamond industry disputes are resolved not through the
Disputing Irony: A Systematic Look at Litigation About Mediation
Although mediation has been institutionalized successfully in courts and other contexts, questions abound regarding its impact and effectiveness. A universal complaint is the lack of relevant
Commercial Arbitration
This article assesses the structure and the process of commercial arbitration, which are determined by the different institutional contexts in which it arises. The simplest institutional context or