The Changing Face of Dispute Resolution
By Leah Pallin-Hill
Mediation & Arbitration Services, PLLC
“The reality of today’s overcrowded, expensive system of justice has gradually worn down earlier resistance to [creative] dispute resolution. . . . Alternatives are not just more attractive, they look increasingly like the only way to help ensure a more efficient system of justice.”
- Talbot D’Alemberte, Former American Bar Association President.
Twenty years ago, law schools did not offer courses in alternative dispute resolution. Law professors, lawyers and litigants alike relied on the traditional adversarial system to resolve conflicts. Court calendar backlogs and skyrocketing costs, however, have made it painfully obvious that the system is not working the way it should and that there must be alternatives. Disputing parties are becoming increasingly aware of the perils of litigation. Courtroom battles are expensive, uncertain, public, and deny the parties any control in resolving their conflict. In 2001 the Arizona Supreme Court recognized that litigants must be offered alternatives to the traditional adversarial system. Read more...
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