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The objective of this assignment is to enable you to demonstrate your understanding of the effects of the use of alternative dispute resolution (ADR) to supplement court trial processes, with particular focus on its impact on caseflow management. For at least the last 20 years, most state and local jurisdictions have begun institutionalizing ADR programs and procedures for a variety of case types. In many situations, this has been the result of statutory changes, but with or without legislative action, court rules have been implemented in states across the United States to address how the addition of ADR processes can supplement and sometimes replace court dispute resolution.
Find a jurisdiction where state or county statutes require an ADR process in some or all types of divorce cases prior to proceeding with a divorce case in the courts. Write an essay of 2–3 pages that discusses how the addition of ADR processes has affected caseflow management in general, and in divorce cases specifically. (The Steelman, et al. publication for NCSC, Caseflow Management: The Heart of Court Management in the New Millennium, is an excellent resource.)
In your essay, respond to at least the following questions:
- Why have so many jurisdictions turned to forms of ADR to supplement the judicial process?
- What are the major effects on caseflow management of the decision by jurisdictions to insert ADR requirements into divorce case processing?
- What are the short-term and long-term costs and benefits, including dollar costs/benefits and social costs/benefits?
In your essay, be specific regarding the types of ADR processes that are required or recommended in the state of your choosing and how these processes affect caseflow management.