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

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