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Dispute Resolution And Preventive Law: A Reply To Professor Brown, E. A. Dauer, J. D. Nyhard
Dispute Resolution And Preventive Law: A Reply To Professor Brown, E. A. Dauer, J. D. Nyhard
Journal of Dispute Resolution
Within our discussion of scientific models and the processes of dispute resolution,' we suggested a single continuum along which the strategies of Preventive Law and of ADR (Alternative Dispute Resolution) could be arrayed. Beneath that synthesis lay a proposition which we may not have made entirely clear: That the two bodies of hitherto separate principles address problems which are not themselves distinct.
Thesis (Preventive Law), Antithesis (Adversarial Process), Synthesis (Settlement, Adr): A Comment On Nyhard And Dauer, Louis M. Brown
Thesis (Preventive Law), Antithesis (Adversarial Process), Synthesis (Settlement, Adr): A Comment On Nyhard And Dauer, Louis M. Brown
Journal of Dispute Resolution
In terms of the Nyhart-Dauer article, the goal which is to be attained is "the commercial exploitation of the coastal zone and continental shelf."' The legal system aids the accomplishment of that goal by permitting parties to enter into contracts which "define the measure of present exchange and provide the standards by which executory performance will later be judged... "2 The goal is achieved by performances in accord with "creative arrangements" developed "in such a way that their constituents will be most likely to accept and adhere to the undertakings to which they" are committed.3 It is performance that counts. …