Disputants’ Preferences for Court-Connected Dispute Resolution Procedures: Why We Should Care and Why We Know So Little
By , February 8, 2012
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Courts should design a dispute system that is more responsive to the preferences of disputants. The first section of this article argues that party autonomy should be a fundamental value of any ADR program. The second section analyzes dispute systems and notes the flexibility courts have in developing ADR programs. The final section synthesizes past research and suggests focusing on party preferences not only promotes autonomy, but promotes court efficiency and related institutional goals.
