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Living with 'ADR': Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations


Thomas Stipanowich


Pepperdine University School of Law

J. Ryan Lamare


Pennsylvania State University - Department of Labor Studies and Employment Relations

2013

19 Harvard Negotiation Law Review 1
Pepperdine University Legal Studies Research Paper No. 2013/16

Abstract:     
As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In 1997 a survey of Fortune 1,000 corporate counsel provided the first broad-based picture of conflict resolution processes within large companies. In 2011, a second landmark survey of corporate counsel in Fortune 1,000 companies captured a variety of critical changes in the ways large companies handle conflict. Comparing their responses to those of the mid-1990s, clear and significant evolutionary trends are observable, including a further shift in corporate orientation away from litigation and toward “alternative dispute resolution (ADR),” moderated expectations of ADR; increasing use of mediation, contrasted with a dramatic fall-off in arbitration (except, importantly, consumer and products liability cases); greater control over the selection of third-party neutrals; growing emphasis on proactive approaches such as early neutral evaluation, early case assessment, and integrated systems for managing employment disputes. This article summarizes and analyzes the results of the 2011 Fortune 1,000 survey, compares current data to the 1997 results, and sets both studies against the background of a half-century of evolution. The article concludes with reflections on the future of corporate dispute resolution and conflict management and related research questions.

Number of Pages in PDF File: 69

Keywords: dispute resolution, mediation, arbitration, litigation, conflict management, evaluation, case assessment, employment, consumer, business, corporate counsel

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Date posted: February 21, 2013 ; Last revised: July 3, 2014

Suggested Citation

Stipanowich, Thomas and Lamare, J. Ryan, Living with 'ADR': Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations (2013). 19 Harvard Negotiation Law Review 1; Pepperdine University Legal Studies Research Paper No. 2013/16. Available at SSRN: http://ssrn.com/abstract=2221471 or http://dx.doi.org/10.2139/ssrn.2221471

Contact Information

Thomas Stipanowich (Contact Author)
Pepperdine University School of Law ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
310-506-4655 (Phone)
310-506-4437 (Fax)
J. Ryan Lamare
Pennsylvania State University - Department of Labor Studies and Employment Relations
University Park
State College, PA 16802
United States
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