System Implementation Means Difficult Choices
Alternatives to the High Cost of Litigation
Developing the overall design of a statewide ADR program is very difficult and time-consuming work. In Minnesota, it took more than five years to move from initial discussions of court-annexed ADR to the late 1993 promulgation of Rule 114, which provides mandatory ADR use.
Moreover, once the overall design is in place, you cannot assume that all of the implementation details will fall into place. We learned that attention to implementation is essential if ADR is to be institutionalized successfully within an existing judicial system. We also recognize that often it is difficult to address these “details,” due to the competing demands on time and resources, as well as the complexities in any state court infrastructure.
Based on our experience, we have concluded that the following need to be in place in order to insure a state court infrastructure that will support the institutionalization of ADR.
Barbara McAdoo & Nancy A. Welsh,
System Implementation Means Difficult Choices,
Alternatives High Cost of Litigation
Available at: https://scholarship.law.tamu.edu/facscholar/985