A History of Alternative Dispute Resolution

A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett--a longtime practitioner, innovator, and leading historian in the field of ADR--and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.

Auteur
Jerome T. Barretthistorian, writer, arbitrator, trainer, and mediatorwrites a history column for ACResolution quarterly magazine and has served as historian of SPIDR and FMCS. Joseph P. Barrett is a senior special writer for Page One at the Wall Street Journal.

Texte du rabat
A Groundbreaking Book "The Barretts’ historical perspective demonstrates vividly that the ‘ADR movement’ stems from roots that are deep and long-standing. The book is an informative treatise that highlights ADR’s diverse precursors, as well as its dramatic recent expansion and future promise."
–Charles Pou, Jr., Charles Pou Dispute Resolution Services, Washington, D.C.; former director, Dispute Resolution Program, Administrative Conference of the U.S.

"This book’s important message–that dispute resolution’s proponents need to pay more attention to the field’s surprisingly long and checkered history–is illustrated by a trove of wide-ranging and lively stories."
–Chris Honeyman, mediator, arbitrator, and founder, Convenor Conflict Resolution, Madison, Wisconsin

"Barrett provides a fascinating account of the history of dispute resolution. From ancient Greece to the twenty-first century, sustainable solutions to conflicting interests have seldom resulted from raw exercise of power."
–John Stepp, former FMCS mediator and former assistant secretary of labor, Washington, D.C.

"For senior practitioners as well as those new to the ADR community, Barrett’s book makes an important contribution to an understanding of where this dynamic field has been and what lies ahead for it."
–Wallace Warfield, associate professor, George Mason University, Institute for Conflict Analysis and Resolution, and former president of SPIDR, Fairfax, Virginia

"Anyone who cares about alternative dispute resolution and its historical roots must read Jerry Barrett’s excellent book. Here is someone who was there, almost at the creation, and who has seen how this field has grown, expanded, and changed and who has made great contributions to this field."
–Eileen Hoffman, mediator, trainer, adjunct professor of ADR, George Washington University Law School, and former SPIDR president, Washington, D.C.

"Finally, a history of our growing profession! Anyone who negotiates, mediates, arbitrates, or leads collaborative or consensus-building efforts will learn from this fascinating history of one of the oldest professional activities–organizing dialogue and making peace."
–Juliana E. Birkhoff, senior mediator, RESOLVE, Washington, D.C.

Résumé
A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barretta longtime practitioner, innovator, and leading historian in the field of ADRand his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.

Contenu

Foreword ix
William J. Usery

Preface xiii

List of Acronyms xxi

ADR Timeline xxv

1. The Roots of ADR: The Deciding Stone to the European Law Merchant 1

2. Diplomatic ADR: Akhenaton to Woodrow Wilson 19

3. ADR Comes to America: The Precolonial Period to the Ten-Hour Day 41

4. The Civil War: The Limits and the Promise of ADR 55

5. Commercial and Business ADR: The Phoenicians to the American Arbitration Association 69

6. Employee and Union Struggles: Reconstruction to the Coal Wars 85

7. Trains and a World War: Pulling ADR into the Twentieth Century 97

8. Labor-Management ADR, 19201945: Bust and Boom 111

9. After the War: Taft-Hartley to the Steel Trilogy 125

10. Branching Out: ADR in the 1960s 141

11. New Rights and New Forms: ADR in the 1970s 159

12. Outside the Federal Realm: New Groups Pick Up the ADR Torch 177

13. Crisis and Rebirth: Labor-Management ADR in the 1980s 191

14. The Era of Win-Win: Nonlabor ADR Becomes a Force of Its Own 209

15. The Great Expansion: ADR in the 1990s 239

16. ADR and the Twenty-First Century: Threats and Hopes 259

Bibliography 271

About the Authors 283

Index 285