We cannot call alternative dispute resolution (ADR) the “new kid on the block” anymore. When I began practicing law in the early 1970s, mediation was a term rarely heard, and usually in the family law context. Arbitration at that time was confined primarily to commercial disputes and court-annexed arbitration with the right to a de novo jury trial for the unhappy litigant. In my 18 years of trial practice before assuming the bench in 1991, I never represented a client in a mediation or a private arbitration.

However, at least by the turn of the 21st century, alternative dispute methods of mediation and arbitration became popular tools of the litigator’s trade. Today, to the delight of those of us practicing alternative dispute resolution as our profession, mediation and private arbitration are used commonly in virtually every type of civil case. Moreover, a fairly recent trend has been to use mediation and arbitration more frequently in medical negligence cases. In fact, some hospital organizations such as the University of Pittsburgh Medical Center and Drexel University College of Medicine have incorporated mediation into their risk management and patient safety programs. Arbitration usually presided over by a single arbitrator is becoming more regularly used in cases involving health care providers.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]