A History of Alternative Dispute Resolution
The Story of a Political, Social, and Cultural Movement
1. Auflage Juli 2004
336 Seiten, Hardcover
Wiley & Sons Ltd
ISBN:
978-0-7879-6796-3
John Wiley & Sons
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.
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, 1920-1945: 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
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, 1920-1945: 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
"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.
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.
Jerome T. Barrett-historian, writer, arbitrator, trainer, and mediator-writes 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.
Joseph P. Barrett is a senior special writer for Page One at the Wall Street Journal.
