Next Generation Dispute Resolution - Program Description



How should dispute resolution processes be reshaped moving forward? 

Indeed, dispute resolution users generally desire processes that are cheaper and faster. Finding a new way to resolve a dispute requires engagement to bring appropriate resolution in acceptable timeframes and at realistic costs. For instance, it has been said that greater emphasis on collaboration between in-house and external lawyers, and between disputing parties, will lead the way for more efficient resolution of disputes. The call for more efficiency and collaboration puts into question whether traditional dispute resolution processes meet user needs.  Instead of tweaking existing rules at their edges, dispute resolution institutions may need to embark on process re-design. This includes a focus on preventative or pre-escalation measures and mixed mode resolution processes, combining litigation/arbitration with non-adjudicative forms of resolution such as mediation and dispute boards, in a truly seamless way.  

At the same time, the rise of online contracting, the advent of artificial intelligence, and the controversy of ESG concerns especially in developing jurisdictions, affect the contours of how processes are to be re-designed. There can be no one-size-fit-all solution. Different disputes require different means of resolution. This program aims to generate a discussion and suggest innovations in an area that to date has been relatively resistant to change, with a view towards provoking change in the years ahead.