“Living with ‘ADR’: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations”

That's the name of this article by Thomas Stipanowich and J. Ryan Lamare. Here's the abstract (with my italics added on the reference to consumer and products-liability arbitration):

As
attorneys for the world’s most visible clients, corporate counsel played
a key role in the transformation of American conflict resolution in the
late Twentieth Century. In 1997 a survey of Fortune 1,000 corporate
counsel provided the first broad-based picture of conflict resolution
processes within large companies. In 2011, a second landmark survey of
corporate counsel in Fortune 1,000 companies captured a variety of
critical changes in the ways large companies handle conflict. Comparing
their responses to those of the mid-1990s, clear and significant
evolutionary trends are observable, including a further shift in
corporate orientation away from litigation and toward “alternative
dispute resolution (ADR),” moderated expectations of ADR; increasing use
of mediation, contrasted with a dramatic fall-off in arbitration
(except, importantly, consumer and products liability cases); greater
control over the selection of third-party neutrals; growing emphasis on
proactive approaches such as early neutral evaluation, early case
assessment, and integrated systems for managing employment disputes.
This article summarizes and analyzes the results of the 2011 Fortune
1,000 survey, compares current data to the 1997 results, and sets both
studies against the background of a half-century of evolution. The
article concludes with reflections on the future of corporate dispute
resolution and conflict management and related research questions.

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