Boundaries between litigation and other dispute resolution were already blurred

Evidence

Although these findings suggest the superiority of mediation and arbitration to adjudication, at least for certain types of cases, they do not necessarily demonstrate that cases should be resolved by ADR programs rather than by courts. Most cases that come to the courts are, in fact, settled rather than adjudicated. Judges also engage in mediation to settle cases, as the discussion of the Agent Orange case showed. Thus, even before ADR was widely introduced, the boundaries between litigation and other forms of dispute resolution had blurred. — G. Alan Tarr, Judicial Process and Judicial…, 1190

Categorization

• XREF: Challenges a clean litigation-versus-ADR dichotomy; directly relevant to course study of courts’ actual dispute-resolution function. — connects to: Arbitration splits between private settlement and court-backed enforcement. — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 142; Adjudication imposes solutions and is not the same as mediation — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3294; Municipal officials deflect contentious issues via jurisdictional boundary claims — Nina Eliasoph, Avoiding politics: how Americans…, 294 (+3 more)

Broader Connections

• Arbitration splits between private settlement and court-backed enforcement. #exemplifies (0.80) — Lawrence M. Friedman and Grant M. Hayden, American Law, 142
• Adjudication imposes solutions and is not the same as mediation #expands (0.78) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3294
• Disputed quality enforcement ends with exit rather than arbitration #exemplifies (0.78)
• Future-dispute arbitration waivers differ morally from submitting an existing dispute #exemplifies (0.76) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4900
• Municipal officials deflect contentious issues via jurisdictional boundary claims #exemplifies (0.75) — Nina Eliasoph, Avoiding politics, 294
• Mediation that is unneeded becomes worse than no mediation #qualifies (0.74)