Dispute systems are designed to push parties toward voluntary settlement.

Evidence

The DDC’s procedural rules clearly reflect the industry’s preference for the voluntary resolution of disputes. The bylaws are structured to give the parties control over the dispute resolution process and to create financial incentives to settle. For example, prior to an arbitration hearing, the parties are required to participate in a conciliation proceeding, and “whenever an adjustment by conciliation is consummated, the chairman of [the three-person conciliation] panel may refund the arbitration fee or any part of the same.” — Lisa Bernestein, Opting out of the Legal System, 70

Categorization

• XREF: Mirrors Galanter’s writing on how process design shapes settlement rates and access to justice. — connects to: Civil settlements happen in the shadow of what a trial would produce — G. Alan Tarr, Judicial Process and Judicial…, 1045; Informal negotiation is the default first step in administrative dispute resolution — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1459