"Dispute System Counter-Design" by Andrew B. Mamo

Alternate Title

Dispute System Counter-Design

Andrew B. Mamo, University of Cincinnati School of LawFollow

Keywords

dispute resolution, civil procedure, DSD

Abstract

This article introduces the concept of “counter-design” as a practice of challenging and reimagining dispute resolution systems from the ground up and from the inside out. Counter-design provides a critical response to traditional Dispute System Design (DSD) by positing that designs necessarily privilege certain perspectives and interests over others, even when designers follow best practices and ethical principles. Through practices of counter-design, individuals interact with dispute resolution systems, not merely to seek resolutions within the existing framework, but to actively challenge and reshape these systems from within. This concept underscores the dynamics of power, inclusion, and representation within DSD. Counter-design practices—identified here as unveiling, tagging, and assembling—serve as tools to pierce illusions, record dissent, and build collective action against systemic biases within dispute resolution mechanisms. By foregrounding counter-design, this paper shifts the discourse in dispute resolution studies from a focus on neutrality and procedural fairness to a more critical examination of how systems can perpetuate inequalities. It urges scholars and practitioners to reconsider the role of DSD, not as a neutral practice of designing just systems, but as a situated practice that reflects and potentially reinforces existing power structures. This reconceptualization of DSD through the lens of counter-design is crucial for advancing the field in a world where control over the design of dispute resolution systems is highly concentrated. It calls for an approach to dispute resolution that acknowledges and addresses its inherent biases and works towards more genuinely equitable outcomes.