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.




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

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


Andrea Kupfer Schneider
Marquette University Law School
Milwaukee, WI


Chair Emeritus
Frank Sander
Cambridge, MA


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


Marvin Johnson
Silver Spring, MD


Bennett G. Picker
Stradley Ronon
Philadelphia, PA


Effie D. Silva
McDermott Will & Emory LLP
Miami, FL


Donna Stienstra
Federal Judicial Center
Washington, DC


Zena Zumeta
Mediation Training & Consultation Institute
Ann Arbor, MI


Nancy Welsh
Carlisle, PA
Council Liaison


Gina Viola Brown


Associate Editor
Louisa Williams

Law Student Editors
Darlene Hemerka

Joyce Fondong

Penn State University

Dickinson Schools of Law


The Editorial Board welcomes the submission of article concepts as well as draft articles relevant to the field of dispute resolution. The Editorial Board reviews all submissions and makes final decisions as to the publication of articles in Dispute Resolution Magazine. Author guidelines for submissions are available below.

Subscription to Dispute Resolution Magazine is included in the membership dues of the Section of Dispute Resolution. Nonmembers of the Dispute Resolution Section may subscribe to the Magazine for $55.00 per year. Additional shipping charges will apply to international addresses. Subscriptions can be purchased online at the ABA web store.  


For more information about becoming a member, see the Member Center.


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