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14 Cardozo J. Conflict Resol. 807 (2012-2013)
Dispute System Design: A Comparative Study of India, Israel and California

handle is hein.journals/cardcore14 and id is 845 raw text is: DISPUTE SYSTEM DESIGN: A COMPARATIVE STUDY OF INDIA, ISRAEL AND CALIFORNIA Janet Martinez,* Sheila Purcell,** Hagit Shaked-Gvili,*** and Mohan Mehta**** I. INTRODUCTION Alternative dispute resolution (ADR) is practiced around the world with myriad approaches, though not without common ground. In an increasingly interconnected world, the sharing of this knowledge and experience has become a natural and even nec- essary step in the evolution of ADR.1 Professor Frank Sander, of Harvard Law School, spoke at the Pound Conference in 1976 and posed the notion of the multi-door courthouse, a concept that led to the development of ADR process options in courts throughout the country.2 The deliberate design of one or more processes for handling a stream of similar disputes has come to be known as dispute sys- tem design.3 Court programs that offer more than just trials, such as mediation or summary jury trials, are one example. This Article * Senior Lecturer in Law and Director of the Gould Negotiation and Mediation Program at Stanford Law School. ** Clinical Professor of Law and Director of the Center for Negotiation and Dispute Resolu- tion at the University of California, Hastings College of the Law. *** Directed the pilot ADR program at the Tel Aviv Judicial Court, and now provides profes- sional neutral services in Tel Aviv. **** Justice of the Delhi High Court and Principal Secretary (Law and Justice) with the Govern- ment of NCT of Delhi. Ms. Shaked-Gvili and Justice Mehta were Weinstein International Fel- lows at JAMS, and Visiting Researchers at the Gould Program at Stanford Law School, 2008-11. I In the interest of facilitating an international exchange and ongoing network, JAMS founded the Weinstein International Fellowship Program in 2008 to sponsor ADR practitioners from around the world to study dispute resolution processes with scholars and practitioners in the United States. See Weinsterin International Fellowship, JAMS ADR, http://www.jamsadr. com/weinstein-fellowship/ (last visited Jan. 12, 2012). 2 Frank Sander, Address at the National Conference on the Causes of Popular Dissatisfac- tion with the Administration of Justice: Perspectives on Justice in the Future (Apr. 7-9, 1976). 3 Early leading authors on dispute system design are CATHY A. COSTANTINO & CHRISTINA SICKLES MERCHANT, DESIGNING CONFLICT MANAGEMENT SYSTEMS: A GUIDE TO CREATING PRODUCTIVE AND HEALTHY ORGANIZATIONS (1995); WILLIAM URY, JEANNE M. BRETT & STE- PHEN B. GOLDBERG, GETTING DISPUTES RESOLVED: DESIGNING SYSTEMS TO CUT THE COSTS OF CONFLICT (1988). More recent literature on design theory and practice is found in the pub- lished volumes from the Ohio State University and Harvard symposia: 14 HARV. NEGOT. L. REV. (Winter 2009); Symposium, The Future of ADR: Incorporating Dispute Resolution Into Society, 24 OHIO ST. J. ON DisP. RESOL. (2008). 807

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