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To Regulate or Not to Regulate, or (Better Still) When to Regulate

Cover Story

To Regulate or Not to Regulate, or (Better Still) When to Regulate

In thinking about whether and how to regulate dispute resolution processes, one must take into account a variety of factors. Two prominent factors are the types of parties involved and how the parties came to be involved in the process. The first factor relates to Marc Galanter’s frequently cited distinction between one-shot and repeat-players. In this context, for analytic purposes it is probably better to think of this factor as a dichotomy between sophisticated and unsophisticated parties (in the real world, there is undoubtedly a continuum here rather than a simple dichotomy). There are three combinations of types of parties: both unsophisticated, both sophisticated, and one of each.

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DISPUTE RESOLUTION MAGAZINE is published quarterly (4 times a year) by the American Bar Association Section of Dispute Resolution. Dispute Resolution Magazine provides timely, insightful and resourceful information regarding the latest developments, news and trends in the growing field of dispute resolution throughout the world and features internationally-known scholars and practitioners as authors.

 

Dispute Resolution Magazine Editorial Board


Chairs
Joseph B. Stulberg
The Ohio State University Moritz College of Law
Columbus, OH

 

Nancy A. Welsh
Penn State University, Dickinson School of Law
Carlisle and University Park, PA

 

Chair Emeritus
Frank Sander
Cambridge, MA

 

Members
James Coben
Hamline University School of Law
St. Paul, MN

 

Geetha Ravindra

International Monetary Fund

Glen Allen, VA

 

Michael Lewis
JAMS
Washington, DC

 

Bennett G. Picker
Stradley Ronon
Philadelphia, PA

 

Donna Stienstra
Federal Judicial Center
Washington, DC

 

Zena Zumeta
Mediation Training & Consultation Institute
Ann Arbor, MI

 

Editor
Gina Viola Brown

 

Associate Editor
Louisa Williams

 

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