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NIACR: You’ve concluded your book with a chapter entitled
"The Next Thirty Years." How do you see the field of dispute
resolution evolving in the next thirty years?
Bordone: It’s always fun to predict the future and
probably always foolish to do so. There’s a side of me that sort of wants to
go no further than, you know, than what’s in that last chapter. That is to say
I think that there are a set of areas that are very ripe for further research
and further exploration and my hope is that those of us in the academy will
pursue those vigorously. And I think more broadly for the field, my own view is,
I think how much the field evolves in the next thirty years really depends. I
really do think, as our chapter suggests, that this is a bit of a crossroads for
the field because in some sense the founding generation, at least of the modern
dispute resolution movement, is really passing the torch to the next generation.
So I think that there is an opportunity for this field to really become
institutionalized, and to be taken seriously as a field onto itself in the
academy, in the courts, in government, and in the world of practice. And I think
there is also a possibility, sadly, that it won’t happen, and that it will
fizzle into a sort of narrow specialty area. I happen to be situated at the
place where there’s a lot going on in this field, so I feel more optimistic
than pessimistic, but I certainly wouldn’t say it’s a foregone conclusion
that thirty years from now dispute resolution will be a definite part of every
graduate school curriculum; that it will have made its way into elementary
schools; and that we’ll be able to talk about basic processes like mediation
and negotiation with any decently educated person. But I think it’s possible
and that’s certainly my hope.
Moffitt: I think, if I could fast forward thirty years, but
only had time to look in a couple of quick places to see how it all went, the
two things that I would look at would be universities and businesses. I think
that the future of the field will be shaped largely by those two. And I think
there’s a chance that in thirty years, in a university setting, one would look
back at the now very old and weathered-looking The Handbook of Dispute
Resolution and say, "That’s just an absurd undertaking they did
there. It's like doing a handbook of political science or a handbook of
sociology. How could you possibly do something of a whole discipline in one
little book?" That would be wonderful. I would love to see dispute
resolution take on a more legitimate, free standing role within in the
university setting. I don’t know if that will happen. I also think I would
want to know how businesses think about dispute resolution. Because I think
there is a chance that in thirty years dispute resolution and its various forms
will just be an "of course," as far as how businesses think about
things; the same way they think about human resources and marketing and
strategy. Those are the two indicators that I would look to first to see where
the field has gone and then, tracing backwards, what would it look like to get
from here to there thirty years from now. I think that’s kind of fun to think
about. I don’t know exactly what that would take. I think it’s going to take
more efforts like the handbook; it’s going to take more schools doing programs
like PON; it's going to take people emerging from those programs and going to
business and applying them. And I really could see that happening.
NIACR: Is there a favorite chapter of the book that each of
you has?
Bordone: I’m going to pass on that on. They’re all
great. I love them all.
Moffitt: I think that different chapters serve different
functions. So some of the chapters are really synthesis chapters. They are
chapters that try to describe in a small number of pages stuff that has been
talked about for a while but hasn’t ever really been summarized quite so
succinctly, and so I’m thinking of things like the negotiation chapter. It
does, I think, a really nice job a pulling together a lot of ideas that have
been around, but does it in a form that I think is more approachable than
anything I have seen of that length. And so I’m quite fond of that chapter but
it’s different than some of the other chapters that take, I think, a first cut
or an early cut at a topic that really hasn’t received as much treatment. And
there are examples of that in the book as well. Some of the work in there on
personality or perceptions or agents, is much newer thinking and so I expect it
will evolve. But I’m proud of that as well because it represents some cutting
edge stuff. And here is where we would insert all the caveats about, of course,
how we love everyone who has contributed and everything. Bob’s answer is
probably better.
NIACR: Any plans, either individually or together to do
another book?
Bordone: Michael and I haven’t talked explicitly about
another book and, you know I love this project, so all along the way I kept on
saying to Michael, "I’m ready to do the next one with you, and all you
have to do Michael is just keep me on schedule." Michael did a wonderful
job, I mean in all respects, but in particular when you work on a project like
this it’s nice to have somebody who is very diligent about deadlines and who,
without ever making you feel badly, holds you accountable and Michael is the
perfect counterpart for that for me. So we haven’t really talked seriously
about another book but I’d be keen to do one. Certainly, I think, I will at
some point want to do another book because this is a really fun project and one
from which I learned a tremendous amount about our field, and also just in terms
of working with the authors and with Michael, it was tremendously rewarding. So
I believe my thinking has been to try to enjoy this a little bit and have a
little bit of a normal life and then start thinking about what’s next.
Moffitt: I don’t know. I haven’t really thought about
books. I’ve been working on other writing projects, more back in the
traditional mode of, you know I am a law professor, and so most of my writing
projects recently have been law review in format. And I probably will do that
for a while. If the right project comes along, absolutely. Like Bob, I learned a
ton. I enjoyed it a ton, but it's a crazy amount of work. And I am not looking
for a reason to write a book. I will write a book if the right book comes a
long.
NIACR: Ok gentlemen, that wraps it up. I want to thank you
for dong the interview.
Bordone: Thank you, we’re so thrilled about the award too.
Thank you so much.
Moffitt: It really, it meant a lot. I really appreciate it.
NIACR: No problem, it was well deserved.
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