Argument and Alternative Dispute Resolution Systems
Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (ldquorenta-judgerdquo), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.
Walker, G.B. and S.E. Daniels. 1995. Argument and alternative dispute resolution systems. Argumentation: An International Journal on Reasoning, 9:693-704.