By Thomas D. Barton The publication of two recent Summaries of GPC voting patterns through the end of 2016 gives us the data to venture some preliminary observations about trends for the future of dispute resolution. The voting so far on two critical Core Questions indicates somewhat surprising but consistent emerging preferences for cooperation and […]
HELP WANTED: New Research
As a by-product of work on CPR’s Prevention Initiative, the members of CPR’s Prevention Exploratory Research Team identified many questions in the prevention field which deserve further research. The dispute resolution world and the Global Pound Conferences would benefit from further research into issues involving the prevention, control, de-escalation and “real time” resolution of disputes. […]
Is There Such A Thing As A “Perfect” Dispute Prevention Technique?
Agreed-upon processes and rules are important in regulating human behavior. In the absence of a “process,” when an unexpected event occurs among members of a group or enterprise, chaos wjll often ensue. However, if there is an agreed-upon process for dealing with unexpected events, members of the group almost invariably follow the agreed-upon process and […]
Global Pound Conference: The Future of Dispute Resolution
The Global Pound Conference is a worldwide ADR study effort, organized 40 years after the original 1976 Pound conference (named in honor of the great American jurist Roscoe Pound) which launched the modern ADR movement. Its declared purposes are to engage all stakeholders in the dispute resolution world (parties/users, Advisors/Lawyers, Providers of Adjudicative Services, Providers […]
CPR Prevention Publications
The International Institute for Conflict Prevention and Resolution (CPR) has been a pioneer in exploring the field of preventing disputes. Among the many prevention works produced by CPR scholars have been the following: Preventing and Resolving Construction Disputes, 1991 Thinking Ahead: Moving From Reactive Dispute Resolution to Proactive Dispute Anticipation and Prevention: A New CPR […]
Thoughts on Recent Evolutionary Changes in the Disputes Field, and the Resistance that Some of These Changes Have Experienced
It’s interesting to observe the development of various “movements” within the disputes field during the past generation, and the extent to which they have experienced resistance. The first modern dispute resolution movement: From litigation to arbitration and mediation and other forms of ADR. Professor Julie MacFarlane in her book “The New Lawyer: How Settlement Is […]
Language and expressions that can be used to encourage the practice of anticipation and prevention
Human beings have long been using anticipation and prevention practices, both defensively as protection, and proactively as a way to make life easier for themselves. Over time, much “prevention lore” has been passed on from generation to generation, in both written and oral form. Much of it is obvious, much of it is redundant, but […]