Reflections on Untethered Philosophy, Settlements, and Nondisclosure Agreements

摘要

During the innocent '80s and '90s, when the alternative dispute resolution movement was younger, and I was too, I read some, though surely not all, of the articles opposing the ADR movement for its encouragement of settlements via court-based, community, and private dispute resolution processes (mainly mediation). The most notable of these was Prof. Owen Fiss's Against Settlement, 93 Yale L.J. 1073 (1983-1984) (available at https://bit. ly/20CJupg). It decries the ADR movement's impact on the public, the justice system, the polity, and sometimes the litigants.