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

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

Jerome T. Barrett, Joseph Barrett

ISBN: 978-0-787-97542-5 October 2004 Jossey-Bass 320 Pages




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

This is a basic and comprehensive volume that covers the history of alternative dispute resolutionmdash from Classical Times to the American Revolution, the great railroad strikes of the 19th Century to the current application of ADR in business, government, and personal conflicts.
  • Offers a fascinating and inspiring history and summarizes the major social, political, and legal developments in the United States.
  • Includes a wealth of personal stories about the leaders in the ADR movement.
  • Editor is an international expert in the field of ADR.