Comments on: “Litigation Culture” versus “ADR Culture” http://www.chriswhitelaw.com.au/blog/adr-culture/litigation-culture-versus-adr-culture/ Professional Dispute Resolution Services Fri, 23 Sep 2011 05:52:17 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Alasdair Reed http://www.chriswhitelaw.com.au/blog/adr-culture/litigation-culture-versus-adr-culture/comment-page-1/#comment-22 Alasdair Reed Tue, 01 Sep 2009 02:42:45 +0000 http://www.chriswhitelaw.com.au/blog/?p=37#comment-22 One of the underlying issues that is worth investigating is the concept of responsibility and its role in the growth of ADR. In the last 50 years especially individual autonomy has been valued (notably in Western Societies) highly, and as such has seen the strengthening of the rights based society. This is strongly expressed through the law, worthy concepts like the right to a fair trail, natural justice etc., in the US many rights are even constitutionally enshrined. However paradoxically in exercising these rights a system has grown up which in deciding the outcome by jury, tribunal, judicial officer etc. allows all parties in the process to ultimately abrogate full personal responsibility for the result. The result is "handed down" Leaving to the dissatisfaction felt by many users of the legal sytem as redress for their disputes. ADR can offer a satisfactory way of resolving a dispute precisely because of it's basis in the role of the parties responsibility in the outcome of the resolution. It is worth discussion as to the positive role a healthy ADR culture could have on society in general, in encouraging and promoting the value of true personal responsibility. Other slightly less esoteric issues worth discussing might be. The effect of legal training on lawyers who practice ADR, an advantage or a limitation? How is ADR sold? What expectations do clients have? Are they met? How are they managed? An examination of how values work within ADR values based disputes, are often the most difficult to resolve. Is there possibility or advantage in examining if the values at stake are actually serving the people that hold them. Both inside the disputes we manage and inside the ADR community? Looking forward to some greeat discussions!! One of the underlying issues that is worth investigating is the concept of responsibility and its role in the growth of ADR. In the last 50 years especially individual autonomy has been valued (notably in Western Societies) highly, and as such has seen the strengthening of the rights based society. This is strongly expressed through the law, worthy concepts like the right to a fair trail, natural justice etc., in the US many rights are even constitutionally enshrined. However paradoxically in exercising these rights a system has grown up which in deciding the outcome by jury, tribunal, judicial officer etc. allows all parties in the process to ultimately abrogate full personal responsibility for the result. The result is “handed down” Leaving to the dissatisfaction felt by many users of the legal sytem as redress for their disputes.

ADR can offer a satisfactory way of resolving a dispute precisely because of it’s basis in the role of the parties responsibility in the outcome of the resolution. It is worth discussion as to the positive role a healthy ADR culture could have on society in general, in encouraging and promoting the value of true personal responsibility.

Other slightly less esoteric issues worth discussing might be.

The effect of legal training on lawyers who practice ADR, an advantage or a limitation?

How is ADR sold? What expectations do clients have? Are they met? How are they managed?

An examination of how values work within ADR values based disputes, are often the most difficult to resolve. Is there possibility or advantage in examining if the values at stake are actually serving the people that hold them. Both inside the disputes we manage and inside the ADR community?

Looking forward to some greeat discussions!!

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