You all know about the LA fires that have wreaked unprecedented destruction and devastation in the region. Everyone in LA has been affected somehow. Many have lost their homes, schools, and communities. Those of us who don’t fall into this category know and love people who do. Others of us are trapped in a living nightmare, worried that the worsening weather conditions will cause the fires to engulf their neighborhoods as well.
You may also know that London experienced a similar natural disaster. In 1666, the Great Fire of London ravaged the city, leaving it in ruins. Rebuilding seemed impossible due to complex legal disputes over property ownership and rights.
But what you may not know is that back then, London’s leaders rose to the occasion, creating the Great London Fire Court to resolve disputes efficiently and justly. As deftly explained by my friend and former law professor Howard Miller in a recent LA Daily Journal article, the Fire Court was, in essence, an early form of ADR. By prioritizing resolution over prolonged litigation, it allowed London to rebuild with remarkable speed and emerge stronger.
Lawsuits over the LA fires have already been filed and countless individual and mass claims involving public and private entities are expected to follow. They will inundate the courts. In his article, Miller argues that ADR—in particular, mediation, arbitration, and hybrid models like Arb-Med-Arb—is the way forward. I agree, and would add that this is an opportunity for those of us working in the Dispute System Design space to think of other ways—even beyond the existing victims compensation and mass claims facility models—to help the city deliver swift and fair resolutions that allow affected parties to focus on rebuilding their lives. The Great London Fire Court, too, may provide some inspiration. (Law students: this could be a great topic for a seminar paper!)
I hope the tragedy of the LA fires will end up produce some good by allowing us to shine a light on ADR and to offer hope—to quote Justice Burger—of “a better way” for all those affected.