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Lessons From The Resolution Of Franchise Disputes

October 3, 2003

JAMS - Dispute Resolution Alert, Volume 3, Number 3, Summer 2003

Most civil litigation today culminates in settlement, not in verdicts or rulings, but the adjudicatory process and the negotiation process are inseparable. Professor Marc Galanter has written that “the negotiation of disputes is not an alternative to litigation. …[t]here is a single process of disputing in the vicinity of official tribunals that we might call litigotiation, that is, the strategic pursuit of a settlement through mobilizing the court process.” Professors Robert Mnookin and Lewis Kornhauser have described formal adjudication as casting a shadow on the primary method of dispute resolution – – bargaining and settlement.

Resources

JAMS article J Dunham.pdf

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