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2000 J. Disp. Resol. 3 (2000)
The Future of ADR - The Earl F. Nelson Memorial Lecture

handle is hein.journals/jdisres2000 and id is 9 raw text is: JOURNAL OF DISPUTE RESOLUTION VOLUME 2000, NUMBER 1 The Future of ADR THE EARL F. NELSON MEMORIAL LECTURE* Frank E.A. Sander~ Because I've been fortunate to observe the ADR scene for much of its recent development, I'm often asked my views of where we stand now. My somewhat flip answer is, On Monday, Wednesday and Friday, I think we've made amazing progress. On Tuesday, Thursday and Saturday, ADR seems more like a grain of sand on the adversary system beach. So I think we have a way to go. Let me try to elaborate a little on those thoughts. What are some of the signs that the glass is half full? What are the things that give me optimism on Monday, Wednesday and Friday? First, in 1998, the Congress of the United States enacted the Dispute Resolution Act which directs each federal district court to establish an ADR program by local rule. There is also comparable state legislation in a large number of states, sometimes mandating referral of specific cases to ADR or authorizing judges to do so in their discretion. Second, dispute resolution clauses, sometimes quite sophisticated, are increasingly being used in contracts of all kinds. Third, some businesses and law firms systematically canvass cases for ADR potential; relatedly some laws firms have set up ADR practice groups, where people who specialize in ADR come together. These lawyers also help to raise the ADR awareness of their colleagues. Fourth, the CPR Institute for Dispute Resolution, an impressive New York organization of representatives from 800 leading businesses and law firms, is dedicated to the goal of educating its members and others concerning better ways of resolving disputes. Its CPR pledge commits signers to explore ADR before resorting to court. So if somebody has a lawsuit with one of the CPR pledge signatories, that person may say, Well, you've committed yourself to try ADR first. We expect you to live up to it. * The Earl F. Nelson Memorial Lecture The Future of ADR was delivered by Professor Frank E.A. Sander at the University of Missouri-Columbia School of Law on April 16, 1999. ** Bussey Professor, Associate Dean, and Director of the Program on Dispute Resolution, Harvard Law School.

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