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In recent years, alternative dispute resolution (ADR) has overtaken trial litigation as an cheaper and less complicated method of resolving disputes. This is especially true in government disputes, where the financial burden of litigation falls to the taxpayer. Many overburdened state and local governments have been turning to ADR to alleviate the both the strain on the taxpayers and the overburdened court system. For any lawyer in this field, understanding ADR isn't enough. One must understand the specific needs of state and local governments in order to succeed. This valuable guide, edited by Otto J. Hetzel and Professor Steven Gonzales, collects the thoughts and experiences of eight different ADR experts to analyze the history, usage, and future of state and local government ADR. This important information will position you for this groundbreaking change in government litigation, and help you serve your clients to the best of your abilities. Topics include: An overview of ADR An analysis of ADR options in various jurisdictions The role of legal counsel in mediation Effective mediation techniques Evidentiary issues in mediation Preparation of clients for ADR The use of ADR techniques in government decision-making
This book is an analysis of ADR use and practice in state and local government.
This work is a systematic study of the genesis, operation and outcomes of alternative dispute resolution (ADR) in Ireland. ADR innovations are examined in the context of long-run changes in the pattern of conflict in the workplace and against the background of commercial and regulatory developments bearing on organizations.
This research undertook a case study of the intergovernmental Alternative Dispute Resolution (ADR) process administered by the Ministry of Community Development (MCD) in the province of British Columbia (BC), Canada. This study used concurrent nested mixed research methods in order to discover how best to deliver, monitor, measure, and communicate MCD's ADR process. The dominant research approach used was qualitative and involved informal interviews and document analysis. The purpose of the interview portion of the research was to flesh out descriptors and perceptions of MCD's ADR process with the objective of coming to a greater understanding of current and potential delivery, monitoring, measurement, and communication mechanisms most appropriate for the ADR process. The interviews undertaken in this research also provide the opportunity for MCD staff to deliver feedback on, and offer insights into, the research. The document analysis portion of the research involved a textual analysis of MCD's electronic and print ADR process communications in order to build on the descriptors and perceptions identified in the interviews, providing for a more full understanding of the ADR process and the delivery, monitoring, measuring, and communication strategies best suited to it. The nested quantitative portion of the research involved the use of secondary, anonymized data garnered from a survey prepared by MCD's Director of Intergovernmental Relations which has been in distribution for a number of years. The survey used a Likert scale to measure process indicators. Data from this survey was analyzed to generate information about how participant respondents in the ADR process perceived certain attributes of the ADR services. Potential implications of this research include: providing applied tools to monitor, measure, and communicate ADR processes, increasing accountability in government administered publicly funded programs, generating ideas around local government ADR process.
This dissertation considers the use by local government and the Environment Court of alternative dispute resolution processes for policy, plan and consent disputes under the Resource Management Act 1991 and related changes proposed in the Resource Legislation Amendment Bill 2015.
Disputes between government bodies are usually settled through either political bargaining or litigation, but a third method has been successfully utilized in Virginia. Since 1980, a number of municipal annexation disputes have been settled using formal mediation as a tool. The authors draw on their experiences in mediation and local government to
This report contains the findings and recommendations of the Task Force on the Quality of Justice, Subcommittee on Alternative Dispute Resolution and the Judicial System concerning the following: 1) the effects of alternative dispute resolution on courts, litigants and the public; 2) what state entity should have the authority to adopt ethical standards governing retired judges, attorneys, and/or non-attorneys acting as arbitrators or mediators and what ethical standards should be adopted; and 3) whether the standards governing the referral of disputes by courts to private judges or attorneys be should changed.