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“Privatization of Justice.”

Ray, L.
June 4, 2015

Source: (1992) In: G.W. Bowman, S. Hakim, et al. (eds.), Privatizing the United States Justice System: Police, Adjudication, and Corrections Services. Jefferson, NC: McFarland Company, pp. 190-202.

This essay considers the range of alternative dispute resolution (ADR) programs, which has increased from 100 to 400 during the past decade. Classifying alternative dispute resolution is difficult. One approach is to focus on the amount of control the disputants have over the process and outcome. This approach suggests a continuum that begins with negotiation and continues with mediation, arbitration, and adjudication. Private processes between arbitration and adjudication are often blended to produce hybrids that range from private judging to moderated settlement conferences. These and other forms of alternative dispute settlement have a promising future, despite concerns about potential costs and impacts.

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