Thoughts on Recent Evolutionary Changes in the Disputes Field, and the Resistance that Some of These Changes Have Experienced

It’s interesting to observe the development of various “movements” within the disputes field during the past generation, and the extent to which they have experienced resistance. The first modern dispute resolution movement: From litigation to arbitration and mediation and other forms of ADR. Professor Julie MacFarlane in her book “The New Lawyer: How Settlement Is … Read more

Language and expressions that can be used to encourage the practice of anticipation and prevention

Human beings have long been using anticipation and prevention practices, both defensively as protection, and proactively as a way to make life easier for themselves. Over time, much “prevention lore” has been passed on from generation to generation, in both written and oral form. Much of it is obvious, much of it is redundant, but … Read more

HELP WANTED: New Research

As a by-product of work on CPR’s Prevention Initiative, the members of CPR’s Prevention Exploratory Research Team identified many questions in the prevention field which deserve further research. The dispute resolution world and the Global Pound Conferences would benefit from further research into issues involving the prevention, control, de-escalation and “real time” resolution of disputes. … Read more

The Chinese Emperor’s Decree

(The text of the Decree of the Manchu Emperor Kangxi, which could be characterized as “The Case for ADR in China 300 Years Ago,” or “Plus Ca Change, Plus Le Meme Chose”).  There was a complaint during the reign of the Emperor Kangxi, one of the greatest Manchu Emperors, about the corruption and tyranny of … Read more

Is There A “Perfect” or “Foolproof” Dispute Prevention Technique?

Agreed-upon processes and rules are important in regulating human behavior.  In the absence of a “process,” when an unexpected event occurs among members of a group or enterprise, chaos wjll often ensue. However, if there is an agreed-upon process for dealing with unexpected events, members of the group almost invariably follow the agreed-upon process and … Read more

CPR Prevention Publications

The International Institute for Conflict Prevention and Resolution (CPR) has been a pioneer in exploring the field of preventing disputes.  Among the many prevention works produced by CPR scholars have been the following: Preventing and Resolving Construction Disputes, 1991 Thinking Ahead:  Moving From Reactive Dispute Resolution to Proactive Dispute Anticipation and Prevention:  A New CPR … Read more

Two Minute History of Construction Law

In a playful tongue-in-cheek address in Biblical language to the American Bar Association’s Forum on the Construction Industry in 1994, Professor Thomas Stipanowich, a prominent construction industry and dispute resolution scholar, undertook to describe how the field of construction law had developed and evolved from adversarial contests to dispute during the past generation, with humorous … Read more