POLS 121 Chapter Notes - Chapter 11: American Tort Reform Association, Alternative Dispute Resolution, Interrogatories

• School: University of Vermont
• Department: Political Science
• Course: POLS 121
• Professor: Lisa Holmes

Document Summary

Civil actions are separate and distinct from criminal proceedings: the court attempts to settle civil disputes by determining the parties" legal rights. They determine the appropriate remedy based on these rights. Alternative dispute resolution methods are increasingly being used because: trials are expensive, there is always the possibility of losing, even if the plaintiff wins there may be a long wait before the judgment is satisfied, if ever. Adr processes are carried out via private, court-referred or court-annexed models: they may be voluntary or mandatory; binding or allow appeals; consensual, adjudicatory or some hybrid of the two. Increase parties" participation in the dispute process: provide accessible, fair and appropriate means to resolving disputes, reduce litigant costs, relieve demands on court resources, avoid delays in resolving disputes. Two best known adr processes are arbitration and mediation: mediation: impartial person helps disputing parties identify and clarify issues in order to reach an agreement with the parties themselves controlling the final settlement.