ADR is Not a Household Term

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes

Kristen Blankley, Professor of Law at the University of Nebraska College of LawAshley M. Votruba, Assistant Professor at the University of Nebraska-Lincoln, Logen Bartz, Graduate Student at the University of Nebraska-Lincoln, and Lisa PytlikZillig, Research Associate Professor at the University of Nebraska Public Policy Center, have published “ADR is Not a Household Term: Considering the Ethical and Practical Consequences of the Public’s Lack of Understanding of Mediation and Arbitration,” Nebraska Law Review, Vol. 99, No. 797, 2021.  In their law review article, the authors examine whether the general public understands the alternative dispute resolution process and whether additional public education and outreach may be necessary.

The abstract states:

This Article confirms what many dispute resolution professionals have long feared – that alternative dispute resolution (ADR) processes, such as mediation and arbitration, are still not well understood by the general public. This paper provides the results of an empirical study on whether the public and ADR professionals understand key features of these processes. While the study generally supports the hypothesis that dispute resolution professionals have similar understandings of what these processes are, the lay sample uncovered key misunderstandings. These misunderstands have serious ethical implications for lawyers, courts, and dispute resolution professionals. Given the importance of informed decision-making, the authors recommend increased communication with clients about alternative processes and how those processes may meet client needs.

This and other journal articles written by the authors may be downloaded free of charge from the Social Science Research Network.

                        author

Beth Graham

Beth Graham received a J.D. from the University of Nebraska College of Law in 2004 and a M.A. in Information Science and Learning Technologies from the University of Missouri in 2006. She also holds a B.S. in Public Administration from the University of Nebraska-Omaha. She is licensed to practice law… MORE >

Featured Mediators

ad
View all

Read these next

Category

Predicting the Future of Mediation

"We are ready for any unforeseen event that may or may not occur.” -Vice President J. Danforth Quayle The Very Chancy Business of Prediction I should know better and follow...

By Peter Adler
Category

Expanding the Pie with Critical Non-Monetary Concessions

I had the privilege of learning from Professor Peter Robinson of The Straus Institute for Dispute Resolution that a well-articulated apology can go a long distance towards resolving even the...

By Jan Frankel Schau
Category

Mediation As Theater And Negotiation As Performance Art

This article was first published in the ACR (Association for Conflict Resolution) Family Section Newsletter, Fall, 2001.Most conflicts are about circumstances or situations that happened in the past—a doctor’s errant...

By Robert Benjamin

Find a Mediator

X
X
X