This paper critiques the foundations of Aragaki's analysis, but also gives credit on the importance of dealing with people as less than fully rational. The critique suggests, again, a deep commonality between DD and ADR and potential improvements to both approaches. True collaboration between these approaches, however, requires some re-theorizing of both, including a reconsideration of rationality itself. This paper will sketch some ways in which this might be achieved and, in particular, how DD theory and research may prove helpful for ADR.
Deliberative Look at Alternative Dispute Resolution and the Rule of Law, A,
2011 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2011/iss1/8