A Framework for Understanding and Using ADR

Comment by Terenia Urban Guill

Alternative Dispute Resolution (ADR) mechanisms are becoming increasingly popular. While there is a great deal of literature analyzing ADR, most fails to address, both critically and holistically, the opportunities and dangers inherent in ADR. This Comment seeks to provide a framework for analyzing the use of ADR in discrete situations. It does so by examining the benefits and limitations of ADR in three fields of law: securities, divorce, and criminal law. The Comment concludes that, given the nature of ADR and the dangers it poses, lawyers bear a particular responsibility to ensure that it works fairly for all parties. Carrying out this responsibility will require a shift in the professional paradigm toward legal counselor, rather than adversarial advocate.


About the Author

Terenia Urban Guill.

Citation

71 Tul. L. Rev. 1313 (1997)