Dispute Resolution & Creative Problem Solving in the 21st Century

Published by California Western School of Law, National Center for Preventive Law Studies, October, 2001.

This article was motivated by two recent books, viewed from a contemplative mountain top: the Aspen Music Festival in Aspen, Colorado. The confluence or intersection of the subject matter of these books may provide a signpost for the future of Alternative Dispute Resolution (ADR).

The first book was written by Malcolm Gladwell and is entitled The Tipping Point: How Little Things Can Make a Big Difference (Little, Brown and Company, 2000). He states that, "the tipping point is the biography of an idea, and the idea is very simple . . . the best way to understand any number of the mysterious changes that mark everyday life is to think of them as epidemics." Ideas and products and messages and behaviors spread just like viruses do. Gladwell focuses on examples such as the rebirth of "Hush Puppies" and the ride of Paul Revere. Why did Hush Puppies have such an instantaneous renewal and rebirth, and why do we know of Paul Revere when others are not known or didn't have the combination of charisma, connectivity or the unique quality of the messenger? This, of course, leads to the question at hand:

Why did Alternative Dispute Resolution methods truly come of age in the last decade when the concepts were available long before that time?

ADR "Tipping Points"

A second book entitled Into The 21st Century: Thought Pieces on Lawyering, Problem Solving and ADR was published by the CPR Institute for Dispute Resolution in January, 2001. In one of the articles, Charles B. Renfrew, a former U.S. District Court judge in the Northern District of California, reflects upon several issues which may be called ADR tipping points. Law schools have recently begun to offer required courses on ADR. Children are taught conflict resolution methods in grammar school and high school. Law firms and major corporations are focusing on ADR, including E-Commerce, technology and globalization. "More than 800 major corporations and about 1,500 law firms have signed CPR's pledge to consider the use of ADR options before resorting to litigation."

Judge Renfren continues by stating that courts, at the state and federal level, have developed ADR alternatives and ADR court committees. In addition, local, state and federal governments have mandated the use of ADR. See a recent article on federal court mediation, by Mori Irvine, Master Class, in the National Law Journal, 8/27/01.

During the period June, 2000 to October, 2001, the CPR-Georgetown Commission on Ethics and Standards of Practice in ADR has been...