Argument and alternative dispute resolution systems
- Cite this article as:
- Walker, G.B. & Daniels, S.E. Argumentation (1995) 9: 693. doi:10.1007/BF00744750
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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.