‘Towards a Unified Theory of ADR’

Andrew B Mamo, Three Ways of Looking at Dispute Resolution, 54 Wake Forest Law Review 1399 (2019), available at SSRN. Advocates of alternative dispute resolution (ADR) often talk about the ‘ADR Movement’ as if it were … well … an actual movement. We know what the phrase means, or at least we think we do. Since the 1970s, the popularity of extra-judicial mechanisms for conflict resolution – arbitration, mediation, negotiation, and restorative justice – has risen sharply. Over the same period, these procedures have become highly professionalized areas of study and practice. But is there a coherent ‘ADR Movement’, with a capital ‘M’, based upon a unified legal philosophy? … (more)

[[Brian Farkas, JOTWELL, 10 August]

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