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Games, Dystopia, And Adr, Jennifer W. Reynolds
Games, Dystopia, And Adr, Jennifer W. Reynolds
Jennifer W. Reynolds
What’s the difference between litigation and alternative dispute resolution (ADR)? Litigation is war. ADR is kumbaya by the campfire. Litigation favors the strong over the weak. ADR gives everyone a voice. Litigation is about competition and gameplay. ADR is about cooperation and problem solving. Litigation is coercive. ADR is consensual. Litigation brings out the worst in people. ADR brings out the best. In short, litigation is dystopian, and ADR is utopian. This sanguine conception of ADR has been popular for decades but is hopelessly inadequate. Although a utopian-dystopian dynamic does indeed fuel much ADR scholarship, this dichotomy is not as …