A History of Alternative Dispute Resolution: The Story of a by Jerome T. Barrett

By Jerome T. Barrett

A background of other Dispute solution bargains a entire overview of a few of the forms of peaceable practices for resolving conflicts. Written through Jerome Barrett—a longtime practitioner, innovator, and major historian within the box of ADR—and his son Joseph Barrett, this quantity strains the evolution of the ADR approach and provides an outline of the precursors to ADR, together with negotiation, arbitration, and mediation. The authors discover the colourful beginnings of ADR utilizing illustrative examples from prehistoric Shaman in the course of the eu legislations service provider. additionally, the booklet bargains the old context for using ADR within the arenas of international relations and enterprise.

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Extra resources for A History of Alternative Dispute Resolution: The Story of a Political, Social, and Cultural Movement

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Qxd 6/21/04 11:57 PM Page 12 12 A HISTORY OF ALTERNATIVE DISPUTE RESOLUTION the fourth century, when the Roman Empire adopted Christianity as its official state religion, the state courts assumed some of the role previously played by the parish priest. However, by then, ecclesiastical courts operating under the jurisdiction of each bishop were well established and were used wherever Catholic majorities prevailed. The Catholic church used councils, which were gatherings of local or regional bishops, to resolve issues on doctrine and practices.

European Law Merchant During the tenth and eleventh centuries, commercial arbitration became widely used in many European cities under a practice referred to as the law merchant, although no governmental law was involved. This ADR predecessor was voluntarily developed, adjudicated, and enforced by merchants. The legitimacy of the process was founded on an understanding of fairness, mutual benefits, and reciprocity of rights. In urban centers, markets, and trade fairs, merchants made available these informal judges, drawn from the merchant ranks, to resolve disputes using rules and laws evolved through years of experience.

Academy of Family Mediators founded. Former President Carter establishes the Carter Center in Atlanta to, among other things, use ADR in international disputes. Program on Negotiation officially established at Harvard University. National Institute for Dispute Resolution established to encourage ADR with foundation funds. qxd xxx 6/21/04 11:56 PM Page xxx ADR TIMELINE 1983 1984 1985 1987 1989 1990 1990 1990 1993 1995 2000–2001 Federal Aviation Administration becomes first federal agency to use negotiations to establish rules (RegNeg).

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