Wayne D. Brazil


In this essay I would like to complement the picture that Professor Sander has presented by adding information about and commentary from the perspective of the courts. After offering some general observations about the current status of ADR in the courts, I will describe what I think the near-term future looks like. Then I will articulate values that we need to take special care to preserve in court-sponsored ADR programs. I also will identify dangers that we, as courts, must try to avoid on the road ahead. Along the way, I will respond specifically to three of the concerns that Professor Sander raises: (1) the still relatively widespread lack of accurate knowledge in clients and lawyers about various aspects of ADR, (2) the absence of readily available public dispute resolution centers, and (3) the pressure from legislators and other makers of public policy to demonstrate through "adequate costbenefit studies" that publicly supported ADR programs deliver sufficient value to justify the public funding they receive.



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