LGST 489
Alternative Dispute Resolution (OCW)

 

LGST 489
Alternative Dispute Resolution (OCW)

Study Guide

Unit 11 – Designing and Evaluating Systems and Processes

Overview, Learning Objectives, and Reading Assignments

The mediation was ... - cartoon

Reprinted with permission from www.stus.com.

Unit 11 focuses on what has been learned about the design of suitable ADR processes and systems. It also explores the issue of how to evaluate the success of ADR initiatives, and how to determine which ADR method is appropriate in a given dispute and its context. Within the discussion of the pros and cons of ADR, issues of culture and gender are again raised with the concern about whether a process can be designed to accommodate everyone. You will find yourself needing to answer the question of whether alternative dispute resolution is a good alternative.

Learning Objectives

When you have completed Unit 11, you should be able to achieve the following learning objectives.

  1. Identify and describe the elements to be considered in designing an appropriate dispute resolution process.
  2. Describe specific problems and concerns relating to culture and gender in attempts to design appropriate dispute resolution processes.
  3. Describe some methods of evaluating dispute resolution processes and systems.
  4. Describe some measures of the effectiveness of alternative dispute resolution processes and their effects on the legal system.

Reading Assignment

Amsler (formerly Bingham), Lisa Blomgren. (2009). Designing justice: Legal institutions and other systems for managing conflict. Ohio State Journal on Dispute Resolution, Forthcoming.

Brahm, Eric, & Ouellet, Julian. (September 2003) Designing new dispute resolution systems. Beyond Intractability. Guy Burgess & Heidi Burgess (Eds.). Conflict Information Consortium, University of Colorado, Boulder.

British Columbia Ministry of Attorney General. (June 2003). Reaching resolution: A guide to designing public sector dispute resolution systems.