ADR in Courts; Possibilities, Progress, and Problems (Other (Not Listed) Sample)

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ADR in Courts; Possibilities, Progress, and Problems
Reasons for concern with court administered mediation
The authority of the courts can be the single cause of mediation growth in the country. The mediation field may not develop at a fast rate without the use of mediation within the courts. There are concerns, however, stemming from the courts wide use of mediation. Various processes now have the label of mediation without giving out clarity and attention on their quality and goals (Senft & Cynthia 333).
Mediation goals and values
The main intention of mediation was to have it as an alternative process to the adversarial, expensive, bitter, and drawn out litigation. It was also to change the negative aspects of conflict interaction to being more positive. It draws its main values from its promises of choice and voice to everyone. Mediation does not fall short of its settlement objectives. In courts, another aim was to increase the population that could access the mediation process. As more courts continue to embrace mediation, their principle of efficiency is bound to fail (Senft & Cynthia 333-336).
Courts goals and values
The American judicial system has a mandate to resolve various disputes and help in the interpretation of the law. The courts rely on consistency of outcomes, the due process, and just results. The system uses reason, not emotion and not as individuals on a speedy resolution.
Capitulation from the routine
Skeptics have concerns whether mediation by courts is changing to the routines of the courts. The courts are lacking genuine alternatives and instead use the traditional adversarial dispute resolving mechanisms. The evidence to this is a half hour's allocation for mediation, appearance of attorneys at the mediation without the clients, and the domination of mediation discussions by the attorneys (Senft & Cynthia 336-337).
Possibilities: six strategies to use
Identification of interests
One approach in resolving conflicts is to identify values that all the parties can embrace. It is better to helpful to have thoughtful and meaningful exchanges that will identify options that meet interests of the adherents of mediation and the courts. There is a need to identify possible changes that will equip the courts with additional settlement tools and case management. The changes will help preserve the approach of mediation and enhance interaction among participants (Senft & Cynthia 337-338).
Understanding its relationship and efficiency to the public
The courts are the pillars of a democratic process and as such, embracing mediation has significant consequences. Mediation values may not be understood to citizens using and experiencing it for the first time through the courts. Limiting time and resources promotes efficiency when courts are offering and supporting efficiency programs. Efficiency is a long term objective and should be consistent with the mediation and court values (Senft & Cynthia 338-340).
The six strategies