Document Type

Article

Abstract

Among her numerous contributions as a founder of the field, Professor Menkel-Meadow coined and developed the term “process pluralism,” one of the most influential concepts in the dispute resolution arena. Process pluralism serves both as a descriptive lens in observing the dispute resolution landscape and as a normative prism through which various procedural schemes can be evaluated and procedural reform can be devised.

In the last few years process pluralism has gained new meaning as diversity in procedural avenues increasingly encompassed a broader range of mediums. Initially, such additional procedural choices existed mainly in written asynchronous form, but with the onset of COVID–19, a plethora of remote proceedings emerged, varying from synchronous and asynchronous written proceedings to audio and video-based processes. These developments raised a host of questions as to the desirability of such plurality. For the readers of Menkel-Meadow’s work these questions are not new. Years ago, she asked whether more procedural options are necessarily a good thing, ultimately underscoring the need for sensitivity to context in modern and complex societies, thereby making the case that the time had come to move from the Fuller-shaped approach of process integrity to one in which procedural hybridization reflects “an integrity of its own.”

This Article proceeds as follows: Part II describes the concept of process pluralism, the backdrop against which it emerged, and the new reality in which this term is grounded. Part III elaborates on the connection between process pluralism and technology, analyzing the different meanings such connection has had in light of the changes technology itself has undergone in recent years. In Part IV, studies conducted on online and remote proceedings illuminate the ways in which different designs of online schemes can significantly shape the degree of access to justice, procedural fairness, and the fairness of outcomes that such processes provide. Finally, Part V concludes the Article.

DOI

10.37419/LR.V10.I1.4

First Page

Last Page

Recommended Citation

Orna Rabinovich-Einy, Process Pluralism in the Post-COVID Dispute Resolution Landscape, 10 Tex. A&M L. Rev. 55 (2022).
Available at: https://doi.org/10.37419/LR.V10.I1.4

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