Resolving Libel Cases Out of Court

Abstract

The article begins with a brief discussion of the assumptions and goals underlying media libel law. Then the findings of an empirical study are discussed, showing that the libel litigation system neither accomplishes its goals nor meets the needs of the parties. The study also suggested that an alternative process that offers a more efficient and straightforward resolution of the dispute would be consistent with the interests of a majority of parties. Research findings concerning various alternative dispute resolution processes are discussed. An experimental, voluntary, nonlitigation alternative program created to resolve libel disputes outside the courts is described, along with a case that illustrates the potential benefits of such an alternative process.

Keywords: libel, alternative dispute resolution, litigation