ALTERNATIVES TO THE COURT SYSTEM: PROMISE AND PROBLEMS OF ALTERNATE DISPUTE RESOLUTION
Bill Leatherberry, J.D. - Professor of Law, Case Western Reserve University
Friday March 27, 2009
Crawford Hall - Room 9
Case Western Reserve University
Can’t We All Just Get Along? Apparently not, and so life is rife with disputes. Courts of law exist not just to enforce the State’s rules on the citizens, but to resolve disputes among citizens. It is a fundamental purpose of government, going back well before the story of King Solomon and two harlots who both claimed to be the mother of the same child. Legal processes, however, are frequently criticized as being cumbersome, costing too much, and at best making conflict more, rather than less, adversarial. So there is a continual search for ways to resolve disputes without going to court. These methods, generally referred to as ADR (Alternative Dispute Resolution) take many forms. From some perspectives, there is a continuum of “Appropriate Dispute Resolution” processes, ranging from informal, unmediated negotiation, through mediation and forms of arbitration, to summary jury trials.
The U.S. is often called a highly litigious society, but any search on the web will show wide interest in alternatives. How well do they work? When do they help resolve disputes that would otherwise disturb people beyond the parties? Can they produce what was demanded of Solomon: justice? Or should they be judged on other grounds? Join us as Bill Leatherberry, a nationally-known expert in the field of ADR, leads a discussion of how we can resolve disputes short of litigation – or not.
As usual, we will gather in Room 9 of the Inamori International Center for Ethics and Excellence, on the lower level of Crawford Hall, for free cookies, beverages, and brown bag lunch.
About Our Guest
Before joining the faculty in 1973, Bill Leatherberry spent three years as a Legal Aid attorney and two years as a legislative assistant to Ohio Congressman Louis Stokes. He served as associate dean for academic affairs from 1992 to 2000. He teaches Contracts, Dispute Resolution, Insurance, Sales, and Secured Transactions. Professor Leatherberry has been active in the field of Alternative Dispute Resolution and helped to design the ADR program for the United States District Court for the Northern District of Ohio. He frequently serves as a neutral in mediation or arbitration processes, both private and court-annexed. In addition, he conducts ADR training programs both for neutrals and advocates.
Friday Lunch Upcoming Topics and Speakers:
April 3: Highlights (or Lowlights) of the Financial Meltdown. Peter Ritchken, Kenneth Walter Haber Professor and Chair of the CWRU Department of Banking and Finance.
April 10: Exonerating the Innocent: The Impact of DNA Evidence. Paul Gianelli, Weatherhead Professor of Law, CWRU.
April 17: CWRU Students Report on the Election in El Salvador.
April 24: The Future of the Newspaper Industry. Lauren Rich Fine, Research Director for Content Next and formerly the lead analyst for publishing, information, advertising and online industries for Merrill Lynch.
The Friday Lunch discussions are held on the lower (ground) level of
Crawford Hall. Visitors with mobility issues may find it easiest to take advantage of special arrangements we have made. On most Fridays, a few parking spaces in the V.I.P. lot in between Crawford Hall and Amasa Stone Chapel are held for participants in the lunch discussion.
Visitors then can avoid walking up the hill to the first floor of Crawford by entering the building on the ground level, through the garage area under the building. The further door on the left in that garage will be left unlocked during the period before the Friday lunch. On occasion, parking will be unavailable because of other university events.
For more information about these and other Center for Policy Studies programs, please see http://policy.case.edu.