From Hunch to Analysis: Risk Management in Tiered Dispute Resolution Processes

Authors

Troy L. Harris

First Page

178

Last Page

226

Document Type

Article

Abstract

The dispute resolution is process is filled with risk that decision-makers must identify, analyze, and manage. Risks can include unclear and conflicting objectives and uncertainties regarding strategic alternatives. While many litigators are adept at identifying these risks, systematic analysis and management of them is not typically part of lawyers’ education or training. And yet there is a rich body of management scholarship devoted to risk analysis and decision-making based upon multiple criteria. This article brings the insights of this management literature to bear upon a phenomenon commonly found in relational contracting, the “tiered” dispute resolution process. The article demonstrates that one form of multi-criteria decision-making, simple additive weighting (“SAW”) is a powerful tool for decision-makers to analyze the risks inherent in tiered dispute resolution processes.

Recommended Citation

Troy L. Harris, From Hunch to Analysis: Risk Management in Tiered Dispute Resolution Processes, 24 Pepp. Disp. Resol. L.J. 178 (2024)
Available at: https://digitalcommons.pepperdine.edu/drlj/vol24/iss1/5