Evolution of ADR processes Gary A Weissman OutofCourt

Early forms of dispute settlement: Violence & War

Early forms of dispute settlement: “An eye for an eye” Violence & War

Early forms of dispute settlement: Early judicial system “An eye for an eye” Violence

Early forms of dispute settlement: Chancery courts Early judicial system “An eye for an

Early forms of dispute settlement: Article III courts Chancery courts Early judicial system “An

Early forms of dispute settlement: Mediation & Arbitration Article III courts Chancery courts Early

Article I courts Article III courts Mediation Adjudicative process

Worker’s comp Article I courts Unemployment ALJs

Worker’s comp Article I courts Unemployment ALJs Evaluative Article III courts Mediation ENE NBAO

Evaluative Mediation Transformative ENE NBAO Fact-finding

Conventional Arbitration binding Baseball High-Low Adjudicative process Arbitration Non-binding CSM

Adjudicative continuum Non-binding Arbitration De Novo Trial CSM Appeal to the Court of Appeals

Parenting Time Expediters Med-Arb Parenting Consultants Mediation Meda. Loa Hybrids Adjudicative process Mini-Trial Summary

A smorgasbord of ADR processes Non-binding Advisory Opinion Arbitration Collaborative Law Mediation Designer ADR

Visitation He prefers to stay with his mother! That’s where he needs to be

Four-Party Conference Um… Paragraph #28 needs to be reworded… How does RESPONDENT MAY HAVE

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Evolution of ADR processes Gary A. Weissman ©Out-of-Court Settlements, 2006

Evolution of Dispute Resolution systems

Early forms of dispute settlement: Violence & War

Early forms of dispute settlement: “An eye for an eye” Violence & War

Early forms of dispute settlement: Early judicial system “An eye for an eye” Violence & War

Early forms of dispute settlement: Chancery courts Early judicial system “An eye for an eye” Violence & War

Early forms of dispute settlement: Article III courts Chancery courts Early judicial system “An eye for an eye” Violence & War

Early forms of dispute settlement: Mediation & Arbitration Article III courts Chancery courts Early judicial system “An eye for an eye” Violence & War

Article III courts

Article I courts Article III courts Mediation Adjudicative process

Worker’s comp Article I courts Unemployment ALJs

Worker’s comp Article I courts Unemployment ALJs Evaluative Article III courts Mediation ENE NBAO Arbitration Adjudicative process Arbitration NB CSM

Evaluative Mediation Transformative ENE NBAO Fact-finding

Conventional Arbitration binding Baseball High-Low Adjudicative process Arbitration Non-binding CSM

Adjudicative continuum Non-binding Arbitration De Novo Trial CSM Appeal to the Court of Appeals Binding Arbitration Vacate for Fraud

Worker’s comp Article I courts Unemployment ALJs Evaluative Article III courts Mediation ENE NBAO Hybrids Arbitration Adjudicative process Arbitration NB CSM

Mediation Hybrids Adjudicative process

Parenting Time Expediters Med-Arb Parenting Consultants Mediation Meda. Loa Hybrids Adjudicative process Mini-Trial Summary Jury Trial Wild Card

Collaborative Law Wife Counsel Husband

A smorgasbord of ADR processes Non-binding Advisory Opinion Arbitration Collaborative Law Mediation Designer ADR Early Neutral Evaluation CSM Med-Arb

Visitation He prefers to stay with his mother! That’s where he needs to be at least 29 days out of every month! No way! He should be with his father 4 weekends out of every month, plus 3 nights during the week, every holiday, and especially alternating Tuesday afternoons!

Four-Party Conference Um… Paragraph #28 needs to be reworded… How does RESPONDENT MAY HAVE VISITATION IN ODDNUMBERED LEAP YEARS grab you?