Defamation and Alternative Dispute Resolution: Healing the Sting

This article will explore several mechanisms for the resolution of defamation cases. It will first review problems of substantive law which present obstacles to the fair and efficient resolution of these disputes. It will then explore some substantive law reform proposals which may expedite the fair and rational resolution of these disputes. Finally, the article will suggest some private dispute resolution processes which may advance the parties' goals, with or without substantive law reform.

While a large number of defamation disputes involve non- media defendants, 9 the article will focus upon disputes involving news organizations. The article will also examine empirical data suggesting that much of the financial and psychological expense of defamation litigation is unwarranted in light of the goals of the parties