Translating theory into practice… Predictions for the Future: What Will the ADR Landscape Look Like in 10 Years? Thomas J. Stipanowich Professor of Law,

Translating theory into practice…

Predictions for the Future: What Will the ADR Landscape

Look Like in 10 Years?

Thomas J. StipanowichProfessor of Law, Pepperdine University

Director, Straus Institute for Dispute Resolution

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The moon waxes only to The moon waxes only to wane, and water surges only wane, and water surges only

to overflow.to overflow. Ancient Chinese idiomAncient Chinese idiom


““Internal” TrendsInternal” Trends

FORMALIZATION: Legalization, FORMALIZATION: Legalization, professionalization, regulationprofessionalization, regulation

PROLIFERATION, VARIATION: Expanding PROLIFERATION, VARIATION: Expanding applications, specialization applications, specialization

INTEGRATION: Search for synthesis; INTEGRATION: Search for synthesis; movement “uptream,” integration, cultural movement “uptream,” integration, cultural changechange


External TrendsExternal Trends

GLOBALIZATIONGLOBALIZATION

INFOTECH REVOLUTIONINFOTECH REVOLUTION

LONGEVITYLONGEVITY


FORMALIZATIONFORMALIZATION

LegalizationLegalization

ProfessionalizationProfessionalization

RegulationRegulation


REFINEMENTREFINEMENT

IMPROVEMENTIMPROVEMENT

STANDARDIZATIONSTANDARDIZATION

FORMALISMFORMALISM

RIGIDITYRIGIDITY

FLEXIBILITYFLEXIBILITY

INFORMALITYINFORMALITY

DYNAMISMDYNAMISM


Too much of a good thing?Too much of a good thing?

China Daily Monday, December 8, 2008China Daily Monday, December 8, 2008

Woman deafened by Woman deafened by

passionate kisspassionate kiss

A young lady lost her hearing after a A young lady lost her hearing after a passionate kiss from her boyfriend in passionate kiss from her boyfriend in Zhuhai, Guangdong province.Zhuhai, Guangdong province.



PROLIFERATION, VARIATIONPROLIFERATION, VARIATION


INTEGRATIONINTEGRATION


Movement “upstream”Movement “upstream”


““Real time” approachesReal time” approaches


relationshiprelationshipParty Party


Potential impact of enduring Potential impact of enduring conflict on relationshipsconflict on relationships


Elements of relationshipsElements of relationships“Above the line”:

Respective rights and obligationsof the parties, which may require adjustment

“Below the line”:Business and personal interests, feelings; mutual understanding,

communication


Potential impact of real-time Potential impact of real-time approachesapproaches

Defining rights and obligations with relationship

“Below the line” reinforcement of relationship:Interests & feelings; empathy & empowerment


GLOBALIZATIONGLOBALIZATION

A sign on Ventura Blvd., Encino, California


Chinese People’s ConciliationChinese People’s Conciliation





INFOTECH REVOLUTIONINFOTECH REVOLUTION


E-discoveryE-discovery


LONGEVITYLONGEVITY

Translating theory into practice… Predictions for the Future: What Will the ADR Landscape Look Like in 10 Years? Thomas J. Stipanowich Professor of Law,

Documents

passionate kissa young

china daily

guangdong province

personal interests

specialization integration

respective rights

feelings mutual understanding

synthesis movement uptream