[EL] Election Law and Civil Discourse: The Promise of ADR

[Josh Douglas]

I have just posted to SSRN a draft of my Essay, forthcoming in the Ohio
State Journal on Dispute Resolution, titled *Election Law and Civil
Discourse:  The Promise of ADR*.  This Essay stems from my participation in
a Symposium put on by the Ohio State Journal on Dispute Resolution this past
February on election law and ADR.  You can download the article here:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1871280.

I'll be submitting a "final" draft of the Essay to the journal in the
beginning of August, and I welcome any and all feedback.

Here is the abstract:

This Essay, stemming from a Symposium put on by the Ohio State Journal on
Dispute Resolution on election law and alternative dispute resolution,
contrasts negative language in election law court decisions with ADR's
collaborative and cooperative approach. I first demonstrate how election law
court decisions often include highly caustic language, which, when repeated
in the media, can contribute to our overall negative public discourse. I
then explain how systems of alternative dispute resolution start with a
foundation of cooperation and are less adversarial than traditional
litigation. Finally, I combine these concepts to discuss how, by using the
collaborative spirit underlying ADR, we can resolve election law challenges
in a less adversarial manner and thereby improve our civil discourse. My
goal is not to advocate for the use of ADR in all election law cases.
Instead, I hope to issue a “call to arms” for election litigants to think
about how they can resolve their disputes with greater civility. This, in
turn, will produce fewer court opinions with negative language and less
opportunity for the media to exploit election controversies. The upshot will
be an improvement in our public discourse surrounding elections.

Thanks!

Josh


-- 
Joshua A. Douglas
Assistant Professor of Law
University of Kentucky College of Law
620 S. Limestone
Lexington, KY 40506
(859) 257-4935
joshuadouglas at uky.edu
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