, Volume 9, Issue 5, pp 693-704

First online:

Argument and alternative dispute resolution systems

  • Gregg B. WalkerAffiliated withOregon State University
  • , Steven E. DanielsAffiliated withOregon State University

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Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (“renta-judge”), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.

Key words

alternative dispute regulation arbitration mediation multi-party facilitation argumentation