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Introducti On To Court Annexed ADR

This document provides an introduction to court-annexed alternative dispute resolution (ADR). While ADR was originally considered an alternative to the court system, these processes are now being integrated into litigation as an integral part of the process. The term "court-annexed" is a misnomer, as ADR can be incorporated in various ways not limited to being annexed to or dependent on the courts. The relationship between courts and ADR ranges from a formal court order mandating ADR to more informal court acknowledgement of parties resorting to ADR before trial.

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Nikko Sterling
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42 views11 pages

Introducti On To Court Annexed ADR

This document provides an introduction to court-annexed alternative dispute resolution (ADR). While ADR was originally considered an alternative to the court system, these processes are now being integrated into litigation as an integral part of the process. The term "court-annexed" is a misnomer, as ADR can be incorporated in various ways not limited to being annexed to or dependent on the courts. The relationship between courts and ADR ranges from a formal court order mandating ADR to more informal court acknowledgement of parties resorting to ADR before trial.

Uploaded by

Nikko Sterling
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Chapter 1

Introducti
on to
Court
Annexed
ADR

When the term


Alternative Dis
pute Resolutio
n (ADR) came i
nto generalusa
ge it referred to
a process that
was alternative

to the court
system.
1

However, the
ADR processes
truly
independent of
the court
system are

nowbeing
invoked as an
integral part of
litigation.
2

The term court


annexed
issomething of
a misnomer

because ADR
can be
integrated into
a
litigationproces
s in a variety of
ways not
necessarily

comprehended
by the
wordannexed.
3

This
relationship
between the
court and ADR
ranges from a

formalorder
incorporating
ADR into the
litigation
schedule to
more informal
courtaction that
merely

acquiesces in,
recognizes, or
validates resort
to an
ADRprocess
before the trial
of the case.
4

Chief Justice
Peter
Underwood of
theSupreme
Court of
Tasmania saw
ADR and the
courts like a

department
storewith the
quality goods,
trial process in
accordance
with law, on the
upperfloors an
d a bargain ba

sement or alter
native dispute
resolution in th
ebasement.
Close
collaboration
between the

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