1. Primer on Dispute System Design
Janet Martinez
23 June 2018

2. Dispute System Design
One or more processes adopted to prevent, manage or resolve a stream of disputes connected to an organization or institution

3. Array of Design Contexts
Public and Community Justice
Court ADR
Claims Facilities
Community [neighborhoods, restorative justice]
Conflict and the Organization
Commercial: vendors/suppliers, regulators
Consumers
Collective Bargaining; Employment
Ombuds
International/Transnational
States as Contracting Parties to Treaties
Cross-boundary Commerce
Transitional Justice

4. Analytic Framework GOALS PROCESSES & STRUCTURE STAKEHOLDERS
Which types of conflicts does the system seek to address?
What does the system designer seek to accomplish?
PROCESSES & STRUCTURE
Which processes are used to prevent, manage and resolve disputes?
If more than one process, are they linked or integrated?
What are the incentives and disincentives for using the system?
What is the system’s interaction with the formal legal system?
STAKEHOLDERS
Who are the stakeholders?
What is their relative power?
How are their interests represented in the system?

5. Framework - continued RESOURCES SUCCESS & ACCOUNTABILITY
What financial resources support the system?
What human resources support the system
SUCCESS & ACCOUNTABILITY
How transparent is the system?
Does it include an evaluation component?
Is the system successful?
CONTEXT & CULTURE
How does the context affect its viability and success?
What aspects of culture (organizational, social, national) affect the working of the system?

6. Possible Goals Prevent/manage/resolve Substantive outcome
Efficiency/resource saving for institution and user
Reputation
Relationships
Compliance
Safety
Satisfaction
Public recognition
Organizational improvement

7. Conceptions of Justice
Outcomes
Substantive, Distributive, Utilitarian, & Social Justice
Voice and Process Control
Procedural Justice
Organizations
Organizational, Interactional, Informational, & Interpersonal Justice
Community
Corrective, Retributive, Deterrent, Restorative, Transitional, Communitarian, Communicative Justice

8. Example: Claims Resolution Facilities
Trigger
Asbestos, oil spill or other tort
Natural disaster
Terrorist [September 11]
Process Control
Court, congress/parliament, special master
Process Choice
Fact finding
Establish liability
Allocation of compensation
Mediate, arbitrate

9. Commercial: European Directive
Over past 20 years
EU emphasized use of alternative dispute resolution (ADR) processes to improve access to justice
Commission’s 2002 Green Paper made ADR a political priority
Diverse civil litigation experience across Europe
2008 Mediation Directive implemented May 2011, to cover civil, cross-border disputes (but may apply internally as well)

10. Example: Online dispute resolution (“ODR”)
What is ODR?
The use of information and communication technology to help parties prevent, manage, and resolve disputes
What are current examples?
Ecommerce
Public disputes
Administrative Tribunals
Courts
Cross-border
UNCITRAL WG III: Technical Notes on ODR; EU Directive

11. Overview of Ethics in DSD
What are Ethics?
Norms? Guidelines? Best Practice?
Ethics for Whom?
Individual designer/provider organization
Internal/External
Individual/Team
U.S./international
Professional affiliations [lawyers who design?]
Ethics When?
Prevent, manage, resolve
Phase: Assessment, Design, Implementation, Evaluation