In the forty years since new visions and challenges for the administration of American justice were offered at the 1976 Pound Conference, a Quiet Revolution has altered the landscape of public and private dispute resolution around the world. (See Living the Dream of ADR).

 

 

Despite these limitations, the Global Pound Conference poll leaves us with a number of general impressions about current dispute resolution practice, and raises several tantalizing prospects for future evolution. As you read the following summary, please be aware that in tabulating results for each question, respondents’ top-ranked answers were accorded 3 points, their second-ranked answers were given 2 points, and third choices were given 1 point. The published data for each question lists answers in order of the total number of points they received. In addition, each answer received a “percentage ranking” based on the percent of the total possible points that a particular answer received.

1. Efficiency and cost-effectiveness are a primary concern in commercial dispute resolution, and will drive future policy-making.

2. Party control is a priority.

3. Improved or restored relationships are often a goal.

4. Advice from counsel, guidance from dispute resolution providers and educational programs are all potential sources of information on process choices.

5. Outcomes reflect an interplay between rule of law, consensus/party interests, and general concepts of fairness.

6. The most effective approaches may rely on multiple processes.

7. Pre-dispute or pre-escalation processes, collaboration and conflict prevention are emerging trends in managing commercial conflict.

8. Governments and ministries of justice have the greatest potential to influence change; outside counsel are most resistant to change.

 

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