The use of ADR in bankruptcy cases, while firmly established in concept across the nation, has been realized in a minority of jurisdictions. Mediation training of judges, lawyers and professionals of other disciplines, together with the continued development of ADR programs, is necessary to achieve the vision of a judicial system in which both adjudicative and non-adjudicative, or negotiative, dispute resolution services are available to all parties in all cases.
Esher, Jacob A.
"Alternative Dispute Resolution in U.S. Bankruptcy Practice,"
University of Massachusetts Law Review: Vol. 4
, Article 3.
Available at: http://scholarship.law.umassd.edu/umlr/vol4/iss1/3