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Living the Dream of ADR: Reflections on Four Decades of the Quiet Revolution in Dispute Resolution (Symposium Keynote)

Cardozo Journal of Conflict Resolution, Vol. 18, p. 513, 2017

Pepperdine University Legal Studies Research Paper No. 2017/5

39 Pages Posted: 22 Feb 2017 Last revised: 13 Jun 2017

Thomas Stipanowich

Pepperdine University School of Law

Date Written: 2017

Abstract

This article, an expanded version of a symposium keynote address, examines the dramatic national and worldwide impact of the revolution in dispute resolution that was heralded by the 1976 Pound Conference. Professor Stipanowich explores (1) related changes in the justice system and legal practice; (2) the divergence in dispute resolution practice within and outside the U.S.; (3) the "gravitational pull" exerted by the legal profession on mediation and other processes; (4) concerns over racial, ethnic and gender diversity in dispute resolution; (5) the challenges of tailoring dispute resolution processes to specific needs; (6) the problems of effectuating meaningful choices regarding arbitration; (7) the unrealized potential of contract-based relational dispute resolution; (8) the impact of different cultures and legal systems on the evolution of mediation; (9) the challenges and opportunities associated with information technology; and (10) the delicate balance between flexibility and autonomy on the one hand, and fairness and transparency on the other. These reflections are punctuated by relevant personal examples and conclude with abiding key questions.

Keywords: Arbitration, Mediation, ADR, Conflict Resolution, Empirical, Dispute Resolution, Corporate, Commercial, Multi-Door, Employment, Consumer, Diversity, Online, Pound Conference, Quiet Revolution, Construction, Adjudication, Facilitation

Suggested Citation

Stipanowich, Thomas, Living the Dream of ADR: Reflections on Four Decades of the Quiet Revolution in Dispute Resolution (Symposium Keynote) (2017). Cardozo Journal of Conflict Resolution, Vol. 18, p. 513, 2017; Pepperdine University Legal Studies Research Paper No. 2017/5. Available at SSRN: https://ssrn.com/abstract=2920848

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)

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