Courts shunt interpersonal disputes to ADR because they consider them junk cases

Evidence

Critics also contend that government gives first-class treatment to business cases, while palming off interpersonal disputes to ADR. Undoubtedly, courts are eager to avoid involvement in interpersonal disputes, which court personnel often refer to as ā€œjunk cases,ā€ complaining that they ā€œdon’t belong here.ā€ Such reluctance to deal with interpersonal disputes derives, at least in part, from the recognition that courts are ill-equipped to resolve such disputes. — G. Alan Tarr, Judicial Process and Judicial…, 1187

Categorization

  • XREF: Court staff labeling interpersonal disputes as ā€˜junk cases’ illustrates institutional value hierarchies bearing on the course’s justice/fairness foundations. — connects to: Civil justice reform uniformly pushes settlement so trials become anomalous exceptions — G. Alan Tarr, Judicial Process and Judicial…, 2384; Ad hoc adjudication breaks litigant participation and undermines its legitimacy — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3312; The ADR movement arose in the 1970s to ease court caseloads and costs — G. Alan Tarr, Judicial Process and Judicial…, 1163
  • corroborated: 2 independent passages support this claim — G. Alan Tarr, Judicial Process and Judicial…, 1187