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Evolution of ADR processes Gary A. Weissman ©Out-of-Court Settlements, 2006.

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Presentation on theme: "Evolution of ADR processes Gary A. Weissman ©Out-of-Court Settlements, 2006."— Presentation transcript:

1 Evolution of ADR processes Gary A. Weissman ©Out-of-Court Settlements, 2006

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9 Evolution of Dispute Resolution systems

10 Violence & War Early forms of dispute settlement:

11 Violence & War “An eye for an eye” Early forms of dispute settlement:

12 Early judicial system Violence & War “An eye for an eye” Early forms of dispute settlement:

13 Early judicial system Violence & War Chancery courts “An eye for an eye” Early forms of dispute settlement:

14 Early judicial system Violence & War Chancery courts “An eye for an eye” Early forms of dispute settlement: Article III courts

15 Early judicial system Violence & War Chancery courts “An eye for an eye” Article III courts Mediation & Arbitration Early forms of dispute settlement:

16 Article III courts

17 Article III courts Article I courts Mediation Adjudicative process

18 Article I courts Worker’s comp Unemployment ALJs

19 Article III courts Article I courts Mediation Adjudicative process Worker’s comp Unemployment ALJs Evaluative ENE NBAO Arbitration Arbitration NB CSM

20 Mediation Evaluative ENE NBAO Fact-finding Mediation Transformative

21 Adjudicative process Arbitration binding Arbitration Non-binding CSM Conventional Baseball High-Low

22 Adjudicative continuum De Novo Trial Appeal to the Court of Appeals Vacate for Fraud Non-binding ArbitrationCSMBinding Arbitration

23 Article III courts Article I courts Mediation Adjudicative process Worker’s comp Unemployment ALJs Evaluative ENE NBAO Arbitration Arbitration NB CSM Hybrids

24 Mediation Adjudicative process

25 Mediation Adjudicative process Hybrids Med-Arb MedaLoa Summary Jury Trial Wild Card Parenting Time Expediters Parenting Consultants Mini-Trial

26 Collaborative Law Counsel Wife Husband

27 A smorgasbord of ADR processes Non-binding Advisory Opinion Early Neutral Evaluation Mediation CSM Med-Arb Designer ADR Arbitration Collaborative Law

28 Visitation He prefers to stay with his mother! That’s where he needs to be at least 29 days out of every month ! No way! He should be with his father 4 weekends out of every month, plus 3 nights during the week, every holiday, and especially alternating Tuesday afternoons!

29 Four-Party Conference Um… Paragraph #28 needs to be reworded… How does RESPONDENT MAY HAVE VISITATION IN ODD- NUMBERED LEAP YEARS grab you?


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