ADR is Not a Household Term

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes

Kristen Blankley, Professor of Law at the University of Nebraska College of Law, Ashley M. Votruba, Assistant Professor at the University of Nebraska-Lincoln, Logen Bartz, Graduate Student at the University of Nebraska-Lincoln, and Lisa PytlikZillig, Research Associate Professor at the University of Nebraska Public Policy Center, have published “ADR is Not a Household Term: Considering the Ethical and Practical Consequences of the Public’s Lack of Understanding of Mediation and Arbitration,” Nebraska Law Review, Vol. 99, No. 797, 2021.  In their law review article, the authors examine whether the general public understands the alternative dispute resolution process and whether additional public education and outreach may be necessary.

The abstract states:

This Article confirms what many dispute resolution professionals have long feared – that alternative dispute resolution (ADR) processes, such as mediation and arbitration, are still not well understood by the general public. This paper provides the results of an empirical study on whether the public and ADR professionals understand key features of these processes. While the study generally supports the hypothesis that dispute resolution professionals have similar understandings of what these processes are, the lay sample uncovered key misunderstandings. These misunderstands have serious ethical implications for lawyers, courts, and dispute resolution professionals. Given the importance of informed decision-making, the authors recommend increased communication with clients about alternative processes and how those processes may meet client needs.

This and other journal articles written by the authors may be downloaded free of charge from the Social Science Research Network.

                       

Beth Graham

Beth Graham received a J.D. from the University of Nebraska College of Law in 2004 and a M.A. in Information Science and Learning Technologies from the University of Missouri in 2006. She also holds a B.S. in Public Administration from the University of Nebraska-Omaha. She is licensed to practice law… MORE >