We Can Work It Out: Entertaining a Dispute Resolution System Design for Bankruptcy Court


On October 2, 2009, dispute resolution scholars and bankruptcy court jurists courageously began the difficult conversation about the feasibility of an expanded dispute resolution system design for bankruptcy court. This commentary distills that conversation through a dispute resolution system design lens. Dispute resolution system design offers a framework for organizations to more effectively manage and resolve recurring conflicts. The design of a dispute resolution system requires clarifying ideas, elucidating values, prioritizing goals, considering options and incorporating that information into a more workable process to respond to conflict. All the while, the stakeholders and dispute resolution designers work together to clarify, prioritize and mediate which values will shape the design of the dispute resolution process. For those inevitable times when doubts emerge and commitment waivers, participants might be inspired by the supportive mantra, “We Can Work It Out.

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