English Rule/American Rule

This week's lesson discusses the purposes of ADR, the nature of conflict, and the parties thereto. Consider and comment on the following questions:

1. Between the "English Rule" and the "American Rule", which do you think is more fair, and why? What are your thoughts on the reality that it is sometimes cheaper for a party to settle a legal dispute even when he or she is not at fault? Is ADR an adequate solution for this?
2. Think of a recent conflict you had with someone. Describe how the conflict evolved in terms of the five stages discussed in the lesson.