Originally from Alternatives to the High Cost of Litigation

PAGE PREVIEW

The alternative dispute resolution community always has aspired to innovate and improve traditional processes of dispute resolution. This was expressed in 1982 by former Chief Justice Warren Burger when he asked, “Isn’t there a better way?” This certainly reflects the views of Early Dispute Resolution (EDR) proponents.

EDR movements have had mixed success so far. This two-part article documents both significant achievements and also limitations. Members of the movements understandably feel some pride but also some disappointment that they have not been more successful in changing traditional mindsets and practices. This section suggests ideas for advancing their ideals.