- Judul Buku: ADR Handbook For Judges
- Penulis: Donna Stienstra
- Editor: Susan M. Yates
- Penerbit: Washington, D. C.: American Bar Association, 2004
- Bahasa: English
- ISBN: 1590313615
Sinopsis Buku ADR Handbook For Judges
This comprehensive handbook provides judges the tools they need to properly establish and manage programs, as well as cases, in particular areas of the law. Covered areas are general civil, small claims, divorce, child protection and dependency, adult guardianship, probate, victim-offender, juvenile/criminal, bankruptcy, mass claims, community mediation, and appellate.
This book provides a wonderful new resource for the courts and all who care about the courts. Collected in one volume are the “lessons learned” by judges, court administrators, and scholars who have created, used, and studied ADR procedures in courts.
Their experience and thoughtful reflections provide a rich guide, full of encouragements, cautions, and very practical advice about building ADR programs in court settings. Any court that wants to explore this terrain should bring this book along.
The use of ADR in courts is sufficiently mature that we now know quite a bit about the features of a well-designed ADR process. Yet, for the most part the wisdom bom of experience is still passed on informally, through email exchanges, conference presentations, telephone conversations, and the occasional monograph.
This book takes us to a new stage in the sharing of information about building court ADR programs. Rather than offering generic advice on court ADR, each paper focuses on the use of ADR in a specific type of court or case. The probate judge will find a chapter devoted solely to establishing ADR in probate courts.
Likewise, the bankruptcy judge will find a chapter on ADR in bankruptcy courts, the appellate judge will find a chapter on ADR in courts of appeals, and so on through nearly a dozen types of courts or cases in which ADR has proven useful.
In many of the chapters, the authors address the key questions courts should ask themselves when contemplating adoption of ADR procedures: What purpose does ADR serve? What types of cases are suited for ADR? By what process are cases referred to ADR? What are the qualifications of those who provide ADR services? How do courts manage and monitor their ADR services? And what is the cost of providing those services?
In several other chapters, particularly those dealing with family and criminal cases, the authors seek to increase awareness of the options available to courts in dealing with these sensitive and challenging cases. At the end, readers will find a concluding chapter that steps back, surveys the landscape, and thoughtfully reflects on the history and future of ADR.
Each chapter is written to stand on its own as a resource to a particular type of court, and the book as a whole is best viewed as a reference work to be dipped into as needed, not to be read through from beginning to end. The intrepid reader who starts at the first chapter and reads to the last will, however, be struck by the consistency of the advice given from court setting to court setting, suggesting that the accumulating experience with ADR across diverse settings is converging on a common set of principles and practices.
At the same time, the reader will find advice about the special conditions and issues that must be considered to build a quality ADR program in one’s own type of court.
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