A Dialogue between Professors Frank Sander and Mariana Hernandez Crespo Exploring the Evolution of the Multi-Door Courthouse (Part One)

Abstract

As a collaboration between UST School of Law and the Program on Negotiation at Harvard Law School, the following is the transcript of a conversation between the creator of the multi-door courthouse, Harvard Law Professor Frank E.A. Sander, and the executive director and founder of the University of St. Thomas (UST) International ADR [Alternative Dispute Resolution] Research Network, Professor Mariana Hernandez Crespo.

The UST International ADR Research Network is a research program designed to create inclusive problem-solving models that utilize social capital and consensus-building techniques (i.e., dispute-resolution processes that include the voices of all stakeholders, especially the disenfranchised members of a community). In a pilot project in Brazil, participants examined the different options available to maximize the dispute-resolution process, including the multi-door courthouse conceived by Frank Sander. The multi-door courthouse is an innovative institution that routes incoming court cases to the most appropriate methods of dispute resolution, which saves time and money for both the courts and the participants or litigants. In our Brazilian pilot project, participants met in a virtual forum following the consensus-building methodology designed by Professor Lawrence Susskind of MIT and Harvard Law School. The project was implemented under the direction of Professor Hernandez Crespo, together with a team of Brazilians, global experts and collaborators.

Keywords: multi-door courthouse, consensus building, ADR, Latin America, shadow of the law, dispute resolution systems, systemic