Skip to main content
Article
The Intersection of Therapeutic Jurisprudence, Preventive Law, and Alternative Dispute Resolution
Psychology, Public Policy and the Law (1999)
  • Andrea Kupfer Schneider
Abstract
The author examines the intersection of alternative dispute resolution (ADR) with the theory of therapeutic jurisprudence (TJ) and the practical advice suggested by preventive law (PL). The 1st part of this article has a brief review of each of these approaches and notes similarities in their underlying concepts. In the 2nd part of the article, the use of TJ and PL in the practice and pedagogy of ADR is examined. A framework provided by the integration of TJ and PL can help lawyers counsel their clients in choosing between ADR methods and in designing dispute resolution systems. Finally, lessons and ideas that both TJ and PL could draw from ADR are examined. Empirical ADR research can support the premise of TJ. The implementation of ADR programs can also demonstrate the importance of balancing therapeutic factors with legal and financial factors while providing lessons for other areas of the law seeking to implement TJ and PL ideas.
Disciplines
Publication Date
1999
Citation Information
Andrea Kupfer Schneider. "The Intersection of Therapeutic Jurisprudence, Preventive Law, and Alternative Dispute Resolution" Psychology, Public Policy and the Law Vol. 5 Iss. 4 (1999) p. 1084
Available at: http://works.bepress.com/andrea-schneider/82/