The objective of this assignment is to enable
you to demonstrate your understanding of the effects of the use of alternative
dispute resolution(ADR) to supplement court trial processes, with
particular focus on its impact on caseflow management. For at least the last 20
years, most state and local jurisdictions have begun institutionalizing ADR
programs and procedures for a variety of case types. In many situations, this
has been the result of statutory changes, but with or without legislative
action, court rules have been implemented in states across the United States to
address how the addition of ADR processes can supplement and sometimes replace
court dispute resolution.
Find a jurisdiction where state or county
statutes require an ADR process in some or all types of divorce cases prior to
proceeding with a divorce case in the courts. Write an essay of 4–5 pages that
discusses how the addition of ADR processes has affected caseflow management in
general, and in divorce cases specifically. (The Steelman, et al. publication
for NCSC, Caseflow Management: The Heart of Court Management in the New
Millennium, is an excellent resource.)
In your essay, respond to at least the following
questions:
In addressing this question you need to define ADR and provide
examples of ADR uses in divorce cases. You also should discuss what the normal
case flow is for divorce cases. Look at a specific state court.
·
Why have so many jurisdictions turned to forms of ADR to
supplement the judicial process?
Provide specific examples of types of ADR that is used and the
impact on caseflow managment.
·
What are the major effects on caseflow management of the decision
by jurisdictions to insert ADR requirements into divorce case processing?
Look at costs savings when divorce cases or issues are settled
without formal court trial/hearings. Look at long and short term savings. With
social benefits, consider benefits to the family, children, etc.
·
What are the short-term and long-term costs and benefits,
including dollar costs/benefits and social costs/benefits?
In your essay, be specific regarding the types
of ADR processes that are required or recommended in the state of your choosing
and how these processes affect caseflow management.
YOU MUST HAVE
6 REFERENCES