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

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Presentation transcript:

Translating theory into practice… Predictions for the Future: What Will the ADR Landscape Look Like in 10 Years? Thomas J. Stipanowich Professor of Law, Pepperdine University Director, Straus Institute for Dispute Resolution =

Translating theory into practice… The moon waxes only to wane, and water surges only to overflow. Ancient Chinese idiom

Translating theory into practice… “Internal” Trends FORMALIZATION: Legalization, professionalization, regulation FORMALIZATION: Legalization, professionalization, regulation PROLIFERATION, VARIATION: Expanding applications, specialization PROLIFERATION, VARIATION: Expanding applications, specialization INTEGRATION: Search for synthesis; movement “uptream,” integration, cultural change INTEGRATION: Search for synthesis; movement “uptream,” integration, cultural change

Translating theory into practice… External Trends GLOBALIZATION GLOBALIZATION INFOTECH REVOLUTION INFOTECH REVOLUTION LONGEVITY LONGEVITY

Translating theory into practice…FORMALIZATION Legalization Legalization Professionalization Professionalization Regulation Regulation

Translating theory into practice… REFINEMENTIMPROVEMENTSTANDARDIZATION FORMALISMRIGIDITY FLEXIBILITYINFORMALITYDYNAMISM

Too much of a good thing? China Daily Monday, December 8, 2008 Woman deafened by passionate kiss A young lady lost her hearing after a passionate kiss from her boyfriend in Zhuhai, Guangdong province. China Daily Monday, December 8, 2008 Woman deafened by passionate kiss A young lady lost her hearing after a passionate kiss from her boyfriend in Zhuhai, Guangdong province.

Translating theory into practice…

PROLIFERATION, VARIATION

Translating theory into practice…INTEGRATION

Movement “upstream”

Translating theory into practice… “Real time” approaches

Translating theory into practice…relationship Party

Translating theory into practice… Potential impact of enduring conflict on relationships

Translating theory into practice… Elements of relationships “Above the line”: Respective rights and obligations of the parties, which may require adjustment “Below the line”: Business and personal interests, feelings; mutual understanding, communication

Translating theory into practice… Potential impact of real-time approaches Defining rights and obligations with relationship “Below the line” reinforcement of relationship: Interests & feelings; empathy & empowerment

Translating theory into practice…GLOBALIZATION A sign on Ventura Blvd., Encino, California

Translating theory into practice… Chinese People’s Conciliation

Translating theory into practice…

INFOTECH REVOLUTION

Translating theory into practice…E-discovery

LONGEVITY