Document Type
Article
Publication Date
1-2025
Abstract
On October 30, 2024, Debra Berman posted a message on a listserv encouraging colleagues to drop the word “alternative” from “ADR.” Her post quickly prompted 24 responses. This article summarizes the listserv discussion about the term “ADR,” and demonstrates serious misconceptions embodied in popular concepts of “BATNA” and “facilitative” and “evaluative” mediation as well as other problematic language that we frequently use.
Language is a shared resource that can enable people to understand each other accurately and to improve our ideas and techniques. This article describes the many ways that language has huge effects on people’s thoughts and actions, and it identifies criteria for good language.
Academics, trainers, writers, and organizational leaders in our field, among others, are important thought leaders, and our language can have major effects on others’ thoughts and actions. As thought leaders, we have the opportunity – and responsibility – to be conscious and intentional about the language we use.
Unfortunately, the dispute resolution community uses many abstract terms that are confusing, especially for people who aren’t in our field. Our jargon also creates and reinforces divisions between colleagues who identify with different schools of thought.
This article suggests how we can improve our language, individually and collectively. We each have the freedom to choose the language we use in our teaching and writing. Collectively, we can continue to discuss these issues on the listserv and conduct a project to develop lists of suggested terms for key concepts as well as terms to avoid.
The reaction to Debra’s post suggests that our community is concerned about our language, which truly is a shared resource. This may be a good time to revitalize our language to fit current realities and ideas.
Recommended Citation
John Lande,
Choosing to Use Good Language in the "ADR" FieldUniversity of Missouri School of Law Legal Studies Research Paper No. 2025-03
(2025).
Available at: https://scholarship.law.missouri.edu/facpubs/1259