ADR in colonial America: a covenant for survival

Article Abstract:

Modern ADR has its roots in 17th Century colonial America. Because of the lack of a legal framework and a distrust of the courts, people in colonial times knew they had to have a communal vision in order to survive collectively. High court costs led to the use of non-adjudicative resolution processes based on Puritan covenants. Third party arbitration was seen as superior to litigation. Mediation and group consensus were also practiced. The main difference between ADR then and now was the lack of lawyers involved in colonial times.

Commercial arbitration, United States history, United States history, 1600-1775 (Colonial period)

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Whither arbitration? Major changes in the last half century

Article Abstract:

American arbitration over the last 50 years has been transformed from an extension of collective bargaining into a substitute for litigation, from George Taylor's concept to that of J. Noble Braden. The Taylor model is less inspired by common legal practices. As arbitration became more established, the influence of lawyers, the massing of precedents and the increasing regulation of the workplace led to the ascendency of the Braden system.

Influence, Taylor, George (American continental congressman), Braden, J. Noble

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Striving for excellence

Article Abstract:

Qualities which arbitrators should strive to develop, such as self-discipline, self-restraint, and self-criticism, are examined.

United States, Evaluation, Arbitrators

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