No court has adopted the notion completely, but Sander says the idea is catching on. He has long argued for courthouses in which there would be multiple processes for resolving disputes. Looking to the future, Sander foresees a day when his vision of a “multidoor courthouse” will become a reality. In a chapter he contributed to the recent “Handbook of Dispute Resolution,” Sander and his co-author lay out a simple, three-step approach to choosing the right form of dispute resolution, with mediation as the presumed first step. It is an idea he calls “fitting the forum to the fuss.” “And on Tuesday, Thursday and Saturday, I still think it’s just a grain of sand on the beach because our society is still so adversarial and litigation-oriented.”Įither way, Sander persists in trying to perfect a taxonomy for settlement to help people choose the best forum for their particular dispute. “On Monday, Wednesday and Friday, I think it’s unbelievable what’s happened,” Sander said. Nearly three decades later, he is still researching and teaching about it and thinking about how far the field has come–and has yet to go. That paper changed the course of Sander’s career–and helped propel the growth of alternative dispute resolution as an academic discipline and an approach that lawyers take seriously. Sander ’52 had nearly two decades under his belt teaching tax and family law at HLS when Chief Justice Warren Burger tapped him to present a paper on alternative dispute resolution 29 years ago.
Credit: Tanit Sakakini For 30 years, he’s been showing that you don’t always have to litigateįrank E.A.
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