Article

Dispute Resolution

Carrie J. Menkel-Meadow

in The Oxford Handbook of Empirical Legal Research

Published in print November 2010 | ISBN: 9780199542475
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199542475.013.0026

Series: Oxford Handbooks in Law

Dispute Resolution

Preview

This article introduces the concept of alternate dispute resolution (ADR), and discusses its baseline measure and comparison process. Empirical research on ADR falls into two categories, empirically descriptive work and empirically comparative work. Litigation varies across legal systems and changes through time, just as does ADR. Many studies have documented and described patterns of uses of particular forms of dispute resolution. These studies are designed to explore variations of behavior or outcomes within a particular process. Several commentators have observed that formal litigation and various forms of ADR, such as, mediation, private adjudication-arbitration, and other hybrid forms compete with and affect each other. Recent extensions of ADR suggest that the domain of dispute-resolution research is far more capacious than assessing how disputes are managed in lawsuits or courts.

Keywords: alternate dispute resolution; empirical research; litigation; dispute resolution; mediation; private adjudication-arbitration; courts

Article.  12468 words. 

Subjects: Law ; Comparative Law

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