Summary of Research
Optimal Solutions: Essential Skills for Conflict Resolution (Videos)
News from the Executive DirectorUniversity of St. Thomas School of Law
HOMEACTION RESEARCH PROJECT
In the pro-bono project, “Investing Social Capital: Exploring the Multi-Door Courthouse as a Catalyst to Maximize Latin American Dispute Resolution Systems,” participants collectively identify problems, gather relevant information, analyze and interpret that information, and develop action plans. In this process, we aim to empower participants and bring about social change.
FOCUS OF RESEARCH
In this project, we examine options for improving dispute resolution processes in specific Latin American countries. The springboard for dialogue is the possible implementations of the multi-door courthouse, a forum that routes incoming court cases to the most appropriate methods of dispute resolution, including the options of both alternative (e.g., mediation or arbitration) and traditional methods (i.e., the court system). Exploration of this concept may in turn spark the consideration of other options, based on local experience.
SUMMARY
This research project aims to provide an innovative experience for stakeholders and generate knowledge about Latin America through national consensus-building dialogues, thereby potentially affecting the interactions of decision makers in each country. Through a specialized virtual forum, participants from the academic, legal, and civic sectors in each country explore the use of judicial resources to promote alternative methods of dispute resolution.
First, participants are trained in consensus-building techniques as they examine the current reality of alternative dispute resolution in their own countries.
In consensus building, participants create an agreement based on the following premises:
- Consensus building is an ongoing process in which participation and dialogue are critical.
- Consensus building does not mean that everyone must agree on one position.
- Each agreement created must be the best alternative to the status quo for all involved.
- Disagreement is at the core of the consensus-building process; hence, the final outcome will include all voices.
- Minority opinions will not be erased.
In the next step, participants examine the experiences of several American states over the past thirty years in the implementation of the multi-door courthouse, an alternative dispute resolution concept created by Professor Frank Sander of Harvard Law School. They then work to apply the benefit of this knowledge to the possible adaptation of the multi-door courthouse in their own countries, as well as to other related options that may evolve. Specific emphasis is placed on the roles of the different actors in each country's sociopolitical system. The project will conclude with representatives sharing their final results, either online or at the University of St. Thomas School of Law in Minneapolis, Minnesota.
Studying an alternative way of group problem-solving gives citizens an experience in which they learn how to address conflict in a more participatory way and gain a new perspective through which to think about public policy. When stakeholders organize around their interests, they are better equipped to translate ideas into action.
The results of this research will allow us to build useful knowledge about the region that may allow for more effective promotion of ADR while also addressing judicial reform. The final product, which will be published, aims to call attention toward the need for a more inclusive dialogue in international development to maximize value and learn from experience.
Brazil is the pilot country for this project. Based on the results, we hope to expand the project to include more Latin American countries.