1.

Page 4 #2 Question
Answer : According to Mary Dunnewold, author of Alternative Dispute Resolution, the following factors contribute to the
rise of resolving dispute vs. court litigation:
i. Shortcomings of the adversarial litigation system. Court Justice Warren Murger acknowledged that
adversarial system is too costly, painful and inefficient;
ii. ADR process is designed to reduce both cost and trauma to the parties;
iii. ADR eases the overwhelming dockets most courts have faced past several decades;
iv. ADR proponents envision a transformative approach to resolving conflicts as it fosters individually tailored
results that achieve joint gain rather than win-lose situation.

2. Page 4 #5 Question
Answer : In the same reference, the following steps are advised to become an ADR expert:
i. One requires experience and knowledge about ADR according to Caroline Chalmers, experienced
mediator in University of Minnesota;
ii. Prof McAdoo, an ADR Specialist from Hamline University, recommends to look for ways to develop
relevant skills in legal practice involving listening skill, asking appropriate questions and creativity in
solving problems ;
iii. Experience of relevant area of law helps although not an absolute requirement of an ADR practitioner.

3. Page 4 #6 Question
Answer : There is a need for me as law student to be knowledgeable of ADR because it offers a varied resolution
mechanisms which have been time tested and an otherwise non-technical and an out of court approach of dispute
resolution. Human dispute resolution requires more of human connections and this provides flesh to a more mechanically
and technically inclined in a majority of the contemporary justice systems.

4. Page 9 #2 Question
Answer : Disputes are resolved in traditional societies in the following manner :
i. Bushmen Kalahari way of resolving disputes that avoids fighting and courts – whenever dispute arises, they
bring people around to hear both sides, If things gets nasty, they appointed members of society to hide
poison arrows. If the intervention fails, they bring the whole group into the process to talk, talk and talk. The
process involves here is mediation and consensus building;
ii. Yoruba of Nigeria which considers a dispute ending inn court as shame and viewed disputant as not good
people. Their old saying goes – “tongue and teeth often come in conflict, to quarrel and get reconciled is a
mark of responsibility;
iii. Mediation in China has its view of resolution form Confucius which taught that natural harmony should not
be disrupted. Adversarial proceeding is antithesis of this harmony;
iv. Ancient Greek roots of Arbitration – the Arbitrator is chosen by lottery with the first duty to resolve the
dispute amicably. They call witness and require submission of evidence in writing. An appeal is provided for
the dispute to be brought to college of arbitrators;
v. Hawaian Islander resolves disputes amicably by involving family to discuss interpersonal problems with the
guidance of a leader acting as mediator. After hearing both sides, the leader works to bring reconciliation;
vi. Kpelle of central Liberia evolved a moot court to resolve family disputes. The session is attended by a group of
neighbors and family members. The process allowed everyone to be heard and to feel that their complaint is
legitimate enough for other to listen to;
vii. Abkhazian of Caucasus mountains practiced mediation by elders. The mediator is generally a respected elder.
Disputing side tend to call in mediation after allowing a cycle of revenge allowed to feel it had exacted an
equal retribution before any reconciliation been achieved.

5. Page 9 #3 Question
Answer : Disputes resolution in traditional societies mentioned above have used the fundamental foundations of
alternative dispute resolution which contributed to the success:
i. to arrive compromise among disputants or with the presence of witnesses, families, or neighbors or;
ii. to arrive at a solution by involving either a mediator or;
iii. an involvement of an arbitrator

Alan A Gultia
ADR