Introduction to the Symposium: Leveraging on Disruption: The Potential of Dispute System Design for Justice, Accountability and Impact in Our Global Economy

Disruption is the new normal. With an increasingly interconnected world—where volatility in social, political, and economic environments can have a significant influence on the global economy—the future has become more complex and unpredictable. This rise in interconnected and volatile environments has had a profound effect on national and local economies, and the U.S. is experiencing the consequences of globalization in numerous areas, including the legal field. During this time of unprecedented change, we can choose to survive or thrive. While adapting will allow us to get by in the new global economy, more is needed in order to excel. Those who can connect effectively will be able to take calculated risks, and innovate together. They will be positioned to lead and take advantage of the new opportunities this interconnected world provides—specifically, the ability to scale up and advance the common good. Those that are unable to connect effectively might not be able to compete with those that are reaching out to new markets. In order to grow, it is necessary to connect effectively with those with whom we don’t have as much in common. This will require the development of new skills and establishment of innovative systems to effectively deal with differences within and across groups. To this end, the Dispute System Design (DSD) framework can assist in the process of incorporating a variety of perspectives when crafting or tailoring the processes to manage conflict and resolve disputes in the most effective and efficient way. Dispute System Design (DSD) has been defined as “the applied art and science of designing the means to prevent, manage, learn from, and resolve streams of dispute or conflict.” This field can assist individuals, organizations, neighborhoods, countries, and even the international community in deciding the most effective way to manage their conflicts and resolve their disputes. Specifically, DSD can be a powerful tool for analysis, reform, and reconceptualization of old systems. It provides the lenses to challenge the current systems and the roles stakeholders and experts are playing. Furthermore, its participatory framework allows the old systems to be transformed through inclusive procedures. Global connections provide the necessary leverage to lead. In our global economy, those who are connected have a competitive advantage in the social, political, and economic realms. By reaching out to those who share or potentially share our positions, interests, or values, we can strategically position ourselves to become a catalyst for global impact. In the global economy, given the current level of disruption, new ways of interactions are emerging. If systems are not intentionally designed, conflict will be managed and disputes resolved in ways that might not be in the best interests of all. If dispute systems are left to default, they might produce results that are unfair and may have a negative impact on the most vulnerable stakeholders. Instead, DSD could allow us to take advantage of the unprecedented opportunities in the global economy and managing some of the risks inherent in this new reality. By including the perspectives of the different stakeholders, we could design systems that promote justice, accountability, and impact.