Symposium 2012

The Harvard Negotiation Law Review

presented a 2012 Symposium:

Does ADR Work?

Evaluating the Effectiveness

of Alternative Dispute Resolution


Saturday, February 25th

Keynote Address by Carrie Menkel-Meadow

A.B. Chettle, Jr. Professor of Dispute Resolution and Civil Procedure, Georgetown University Law Center, and Chancellor’s Professor of Law, University of California, Irvine School of Law

Keynote Video (link)


Panel 1
Co-optation of ADR: Has It Become “Cheap Justice”?

Is ADR a form of “cheap justice”? This panel looked into the complicated balancing act between fairness, public accountability, and cost, and whether the parties’ interests are appropriate addressed.

Cathy CostantinoGeorgetown University Law Center and George Washington University Law School.

Howard GadlinNational Institutes of Health

Lawrence SusskindMassachusetts Institute of Technology

Rory Van LooHarvard Law School

Nancy Welsh, Pennsylvania State University, Dickinson School of Law

Panel 1 Video (link)

Panel 2
ADR in the Criminal Justice System

ADR features prominently in the criminal justice system in the form of negotiation (plea bargaining) and increasingly through the use of practices and institutions such as restorative circles, victim-offender mediation and problem solving courts.  This panel examined the appropriateness of these methods of ADR, how well they are working, and how they can be optimized to serve society’s interest.

Julian AdlerRed Hook Community Justice Center

Eric BlumensonSuffolk University Law School

David BreenBoston University School of Law

Christopher DearbornSuffolk University Law School

Michael SullivanAshcroft Group and Former U.S. Attorney for the District of Massachusetts

Panel 2 Video (link)

Panel 3
Quantitative and Qualitative Methods of Evaluating ADR

In order to determine whether ADR “works,” there must be a way to measure its effectiveness. But can the effectiveness of ADR be evaluated? And are quantitative or qualitative measures the appropriate method of evaluation?

Robert BordoneHarvard Law School

Dwight GolannSuffolk University Law School

D. James GreinerHarvard Law School

Janet MartinezStanford Law School

Carrie Menkel-MeadowGeorgetown University Law Center,

University of California, Irvine School of Law

Panel 3 Video (link)

Sponsored by the Milbank, Tweed, Hadley & McCloy Fund, the Program of Negotiation at Harvard Law School, and the Harvard Negotiation and Mediation Clinical Program