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