ADR: Two Decades of

Movement Toward the

Mainstream
McCall Commans
Amanda Peterson
Jane Price
 Two Decades of Movement

• Minor disputes
• 141 ADR programs existed
• Revolutionized our system
 Stats
• Over ½ of Federal District Courts offer
mediation and/or arbitration
• > 2000 federal and state statutes regulate
mediation
• 49 states adopted Uniform Arbitration Act
• 182 law schools offer ADR courses
• > 250 community mediation programs exist
 ADR Growth
• Litigation is expensive
• Courts are congested
• Judicial resources
• Less costly
• Quicker justice
• Satisfaction
 1976 Pound Conference
• Beginning of movement
• Reduce costs and delay
• Increase access to justice
– Resolve for the situation would be the
best possible solution.
– “multi-door courthouse”
 1990
• Administrative Dispute Resolution
Act
– Required to consider ADR
– Encouraged use of ADR
 1991
• Bush called for training in ADR
1996
• Clinton further encouraged use of ADR
• Administrative Dispute Resolution Act
– Reenacted
– Increased use
– Established interagency committee
 ADR In Federal Courts
• Civil Justice Reform Act (1990)
– Reduce cost and delay of civil litigation
– One of six recommendations was ADR
• 1996-77 of 94 District Courts had
initiated programs
• Most common form of ADR?
– Judicially Supervised Settlement
Conferences
 ADR Act of 1998
• Full incorporation
• 3 primary findings:
– Increased satisfaction, innovative methods, efficiency
– Potential to reduce backlog
– Success rates
• Key Features of legislation:
– Devise and implement ADR program
– Appoint an officer to be in charge
– Confidential
– Make qualified and trained neutrals available
– Effectiveness
 ADR Expansion At State
Level
• 1995- 46 states adopted a program
• Implementation is sporadic
• Most commonly provided?
• Other types offered
– Neutral case evaluation
– Case assessment and referral
• Most states created a task force
• Funding is received from state and local
governments (or charging user fees)
• Some states don’t get any…. Charged for being
placed on the court roster