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"In words both elegant and persuasive, Thomas Carbonneau offers his views on one of the most discussed legal topics of the 1980s: the use of alternative dispute resolution (ADR). 'Melting the lances' refers to the ADR proposition that, when embroiled in private legal conflicts, individuals should put aside formalized adversity and attempt to reach mutually agreeable solutions through arbitration. According to ADR proponents, adversarial proceedings all too often cement the finality of disputes by degrading the participants, especially in divorce and personal injury cases. Intricate litigation procedures and the substantial investment of time, attorneys' fees, and emotion render most litigation counterproductive. ADR advocates argue that the use of nonjudical and perhaps nonadjudicatory procedures could yield more expedient and humane results. Carbonneau outlines the legal and historical bases of the four principal systems of law dominant in the world today. He then examines how each system attempts to provide a framework for dispute resolution and the role that nonadversarial ADR plays in international commercial arbitration, personal injury disputes, and divorce. The procedural fl

Author

Carbonneau, Thomas E.

Publisher

Urbana : University of Illinois Press

Published

1989

Language

EN

ISBN

9780252016400

Subjects

Law