The DDC's procedural rules clearly reflect the industry's preference for the voluntary resolution of disputes. The bylaws are structured to give the parties control over the dispute resolution process and to create financial incentives to settle. For example, prior to an arbitration hearing, the parties are required to participate in a conciliation proceeding, and "whenever an adjustment by conciliation is consummated, the chairman of [the three-person conciliation] panel may refund the arbitration fee or any part of the same."

XREF: Connects to modern ADR theory about how institutional design shapes settlement incentives, relevant to any dispute resolution work.

Lisa Bernestein, Opting out of the Legal Sys…, loc. 70