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The Curious Case of Transformative Dispute Resolution: An Unfortunate Marriage of Intransigence, Exclusivity, and Hype

Cardozo Journal of Conflict Resolution, v. 14, no. 3, 2013, p. 621-

U of Maryland Legal Studies Research Paper No. 2012-34

63 Pages Posted: 28 Jun 2012 Last revised: 12 Jul 2013

Robert Condlin

University of Maryland Francis King Carey School of Law

Date Written: 2012

Abstract

Why do proponents of Transformative Dispute Resolution (TDR) defend the Theory in such intransigent, exclusivist, and grandiose terms? TDR is a mature theory, and a relatively sophisticated one, and qualities of this sort usually go hand in hand with a balanced, refined, and well-modulated sense of self. But TDR proponents will have none of that. They make ambitious (some would say outlandish) assertions about the Theory’s capacity to develop moral and political character, reform deliberative government, and resolve ethno-political conflict, while simultaneously rejecting overtures from sympathetic outsiders to rein in the overstated aspects of these claims and craft a more plausible view. While not the most popular theory in American dispute resolution scholarship, TDR is the most self-assured, the most insular, and the most overblown, and this combination of qualities, coupled with the Theory’s seeming ability to thrive in the face of withering criticism, makes it a interesting curiosity well worth re-visiting.

Keywords: ADR, transformative dispute resolution, mediation, deliberative government, moral development, ethno-political conflict

Suggested Citation

Condlin, Robert, The Curious Case of Transformative Dispute Resolution: An Unfortunate Marriage of Intransigence, Exclusivity, and Hype (2012). Cardozo Journal of Conflict Resolution, v. 14, no. 3, 2013, p. 621-; U of Maryland Legal Studies Research Paper No. 2012-34. Available at SSRN: https://ssrn.com/abstract=2094489

Robert Condlin (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States
410-706-3719 (Phone)
410-706-2184 (Fax)

HOME PAGE: www.law.umaryland.edu

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