Alternatives to Litigation: Do They Have a Place in the Federal District Courts

摘要

In this paper we examine the place of court-based, presumptively mandatory,211u001enonbinding alternative dispute resolution (ADR) in the federal district courts. 211u001eBy its nature, the inquiry involves indeed, in this paper the inquiry begins 211u001ewitha debate about the role of the courts in society. We then examine whether ADR 211u001eprocedures enhance or undermine that role and whether these alternatives provide 211u001eany benefits to individual parties, to courts, or to society. Although the 211u001ecurrent rapid implementation of ADR in the federal courts may seem to make these 211u001eissues moot, that very implementation is prompting policy makers-whether at the 211u001elevel of the individual court, the Judicial Conference, or Congressto take note 211u001eof the phenomenon, to ask basic questions about its value and effects, and to 211u001edistinguish between the different kinds of ADR with their different procedures 211u001eand objectives. We address the questions about the role of the courts and ADRs 211u001evalue and effects through a series of arguments in support of and in opposition 211u001eto court-based ADR programs. The purpose of the paper is not to come to a 211u001econclusion on the value of courtbased ADR, but to inform the reader and policy 211u001emaker through a fair summary of the points that can be made on each side of the 211u001eissue.