Originally from Alternatives to the High Cost of Litigation

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Recall from last month’s Back to School on Dispute Management column the emphasis on the concept of ADR, with the “R” standing for “resolution,” and which is designed to resolve questions of fault, liability, damages or other legal exposure.

In this month’s column, I want to focus on dispute prevention, which is the purposeful use of a suite of mechanisms— processes, tools, and practices—that can prevent, if not avoid, disputes altogether. The most traditional and popular dispute prevention mechanisms are used while the parties formalize and manage the business relationship. Dispute prevention techniques, however, can also be deployed even before a business relationship begins by helping contracting parties lay the foundation for a strong relationship.

The concept of dispute prevention is relatively young compared to dispute resolution. In the spirit of going back to school, I am dedicating this month’s column to a history lesson on the evolution of dispute prevention.