Mediation, Arbitration, and Alternative Dispute Resolution (ADR)

International Encyclopedia of the Social and Behavioral Sciences, Elsevier Ltd. 2015

UC Irvine School of Law Research Paper No. 2015-59

16 Pages Posted: 20 May 2015

See all articles by Carrie Menkel-Meadow

Carrie Menkel-Meadow

University of California Irvine, School of Law; Georgetown University Law Center

Date Written: May 19, 2015

Abstract

This entry for the International Encyclopedia of the Social & Behavioral Sciences, 2nd ed. defines and describes modern processes of dispute resolution beyond court adjudication, including negotiation, mediation, arbitration and a variety of new hybrid forms of dispute resolution (e.g. med-arb, summary jury trial, public policy consensus building) that are sued in both public and private disputes. The article reviews the history and theory behind these processes, outlining quantitative and qualitative reasons for their use and then reviews a variety of controversies association with their use, including the privatization of dispute resolution, difficulty in evaluating their effectiveness and power imbalances in their use. The aspirational qualities of process pluralism are contrasted to the realities of their use and cooptation in some contexts, such as when powerful private and public parties dictate the form that dispute resolution takes, without party consent.

Suggested Citation

Menkel-Meadow, Carrie J., Mediation, Arbitration, and Alternative Dispute Resolution (ADR) (May 19, 2015). International Encyclopedia of the Social and Behavioral Sciences, Elsevier Ltd. 2015; UC Irvine School of Law Research Paper No. 2015-59. Available at SSRN: https://ssrn.com/abstract=2608140

Carrie J. Menkel-Meadow (Contact Author)

University of California Irvine, School of Law ( email )

401 E. Peltason Drive
Irvine, CA 92697-1000
United States
949-824-1987 (Phone)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9379 (Phone)
202-662-9412 (Fax)

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