DISPUTE RESOLUTION MAGAZINE WINTER 2008 23 Scott Peppet is an associate professor at the University of Colorado Law School. In an ancient parable—sometimes Hindu, sometimes Buddhist, sometimes Sufi—a group of blind men examinne an elephant. One touches the trunk and says that an elephant is like a snake. One touches the legs and says that an elephant is like a tree. One touches the tail and says that an elephant is like a rope. None is wrong, but none is right. This article argues that we have...