Indiana Conflict Resolution Institute
Research Paper: Public Policy and Dispute Resolution

Why Suppose? Let's Find Out: A Policy Research Program on Dispute Resolution
by Lisa B. Bingham

Abstract

This commentary evaluates Professor Hensler’s article that addresses an emerging policy problem within the field of dispute resolution. This problem, according to Hensler, has to do with courts imposing mandatory, pre-trial mediation on all parties, including unwilling parties. The courts fail to examine whether alternative dispute resolution techniques may prove more successful or beneficial.

The instant commentary addresses the difference between self-determination at the case level and self-determination in dispute system design and how these two separate dimensions of self-determination can help us distinguish among different uses of mediation and arbitration. In addition, the commentary reviews portions of the field research on mediation and relates it to Hensler’s article. Finally, the commentary proposes that the judiciary build data collection into its information systems to facilitate more field research on how different ADR dispute systems designs function in a court setting.

The full-text of this article is available in .pdf format.

Indiana Conflict Resolution Institute
Last updated: July 30, 2004
Comments: ICRI Administrator
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