Scaling Up Deliberative Democracy as Dispute Resolution in Healthcare Reform: A Work in Progress. Menkel-Meadow, C. Law and contemporary problems, 74(3):1-30, 2011.
Scaling Up Deliberative Democracy as Dispute Resolution in Healthcare Reform: A Work in Progress [link]Website  abstract   bibtex   
The author explores the extent to which experience with ADR processes could have informed the failed attempt at deliberative democracy around healthcare reform in the United States. She draws on theories of deliberative democracy and consensus-building processes in analyzing the failure of the many different town-hall meetings that were held throughout the country to generate a civilized, rich, and thoughtful debate on the reform of the U.S. healthcare system. Her vivid description of these disastrous attempts at engaging the public casts doubts on the prospects of such endeavors, or, at the 2. Carrie Menkel-Meadow, Scaling Up Deliberative Democracy as Dispute Resolution in Healthcare Reform: very least, the adequacy of the theories underlying and The author uncovers the ways in which the Obama town-hall meetings were reduced to a political procedure that required binary decisions, failing "to explore basic principles of complex voting issues . . . , and multiple-issue trading, a staple of consensus-building procedures. . . making] it virtually impossible for the town-hall meetings to affect policy outcomes." Indeed, by overlooking the lessons generated by the ADR field in terms of the need for "process pluralism" that would address the "principled-rational," "bargaining," and "affective" modes of human discourse, the town-hall meetings could not give rise to true deliberation. The author finds that principles of individually tailored ADR processes cannot be simply "scaled-up" to accommodate large numbers of participants for purposes of deliberative democracy if we are to seriously address deeply held values and strong emotions (or in her terminology, the "affective dimensions") on the one hand, and the need for a firm factual basis and some substantive expertise on the other hand, when addressing "highly conflictual disputes at the societal, not individual, level." Instead, the author calls for the development of more sophisticated theories and practices that would weave together the three levels of discourse "into large-scale and complex political issues," while providing insightful guidance on what such theories and practices might require in terms of system design.
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 title = {Scaling Up Deliberative Democracy as Dispute Resolution in Healthcare Reform: A Work in Progress},
 type = {article},
 year = {2011},
 identifiers = {[object Object]},
 keywords = {Alliances D740,Bargaining,Conflict,Conflict Resolution,Democracy,Dispute Resolution,Disputes,Geographic Descriptors: U.S.,Geographic Region: Northern America,Health Care,Health: Government Policy,Healthcare,Policy,Political,Political Processes: Rent-seeking, Lobbying, Elect,Public Health I180,Regulation,Voting},
 pages = {1-30},
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 abstract = {The author explores the extent to which experience with ADR processes could have informed the failed attempt at deliberative democracy around healthcare reform in the United States. She draws on theories of deliberative democracy and consensus-building processes in analyzing the failure of the many different town-hall meetings that were held throughout the country to generate a civilized, rich, and thoughtful debate on the reform of the U.S. healthcare system. Her vivid description of these disastrous attempts at engaging the public casts doubts on the prospects of such endeavors, or, at the 2. Carrie Menkel-Meadow, Scaling Up Deliberative Democracy as Dispute Resolution in Healthcare Reform: very least, the adequacy of the theories underlying and The author uncovers the ways in which the Obama town-hall meetings were reduced to a political procedure that required binary decisions, failing "to explore basic principles of complex voting issues . . . , and multiple-issue trading, a staple of consensus-building procedures. . . making] it virtually impossible for the town-hall meetings to affect policy outcomes." Indeed, by overlooking the lessons generated by the ADR field in terms of the need for "process pluralism" that would address the "principled-rational," "bargaining," and "affective" modes of human discourse, the town-hall meetings could not give rise to true deliberation. The author finds that principles of individually tailored ADR processes cannot be simply "scaled-up" to accommodate large numbers of participants for purposes of deliberative democracy if we are to seriously address deeply held values and strong emotions (or in her terminology, the "affective dimensions") on the one hand, and the need for a firm factual basis and some substantive expertise on the other hand, when addressing "highly conflictual disputes at the societal, not individual, level." Instead, the author calls for the development of more sophisticated theories and practices that would weave together the three levels of discourse "into large-scale and complex political issues," while providing insightful guidance on what such theories and practices might require in terms of system design.},
 bibtype = {article},
 author = {Menkel-Meadow, Carrie},
 journal = {Law and contemporary problems},
 number = {3}
}
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