Is the Process the Message?

This paper is the first to bring together two significant bodies of literature:
ADR and expressive theories. It explores the transformative potential of ADR
for the social meaning of litigation and revisits the adjudication-versussettlement debate through expressive lenses. By diversifying the formal legal
process and creating non-confrontational avenues for dispute resolution, the
incorporation of ADR processes as parts of—rather than alternatives to—the
formal process, can dilute the divisive effect of litigation. It can also
ambiguate its social meaning, moving away from traditional conceptions of
litigation as war, of lawyers as mercenaries, and of judgments as decisive
victories or sore losses—towards more cooperative and non-confrontational
ones. This paper further explores the promising opportunities presented by
the recent evolution of online proceedings for the expressive realm. Such
processes hold significant promise for ongoing transformations in the social
meaning of litigation through deeper integration of adjudication with ADR.