The Second Generation of Dispute System Design: Reoccurring Problems and Potential Solutions

Abstract

In pushing the envelope of dispute system design, we have focused primarily on successes and productive innovation. We have neglected to concentrate as well on the less successful and less productive outcomes of designing dispute systems. One of the most fruitful approaches to second-generation design of dispute systems can be to focus on failure mode analysis. Second-generation learning can benefit as much from understanding why designs fail as it can from understanding why they succeed.