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

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

By Jerome T. Barrett

A historical past of other Dispute answer bargains a complete assessment of many of the varieties of peaceable practices for resolving conflicts. Written by means of 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 method and gives 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 during the ecu legislation service provider. moreover, the publication deals the historic context for using ADR within the arenas of international relations and company.

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Additional 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 11:58 PM Page 19 Chapter Two Diplomatic ADR Akhenaton to Woodrow Wilson Throughout history, relations between peoples and nations have spawned disputes over trade, tariffs, conquests, and boundaries. Diplomacy developed as the practice of peacefully managing these conflicts. Often, diplomats have called on the ADR precursors of negotiation and mediation, and less frequently, arbitration, to promote coexistence and to assure that war remains a tactic of last resort. Preliminary Efforts The first evidence of an extensive system of diplomacy dates back thirty-five hundred years to the Bronze Age in the region between the Mediterranean Sea and the Persian Gulf.

It would be many, many years before Western practitioners of ADR would catch up to these ideas. Ancient Greek Roots of Arbitration In the Western World, the story of ADR can be traced back to the ancient Greeks. One famous story of arbitration comes down through mythology. The goddesses Juno, Athena, and Aphrodite were squabbling over who was the most beautiful and called on Paris, the royal shepherd, to decide. qxd 6/21/04 11:57 PM Page 7 THE ROOTS OF ADR 7 accepting a bribe from Aphrodite, who thus won the contest.

Disputes at the family level, such as an argument between cowives or between parents and a youth who has run away, are generally brought before the mogaji, the lineage head, and the baale, an elderly head of the district. After the two sides state their case, the elders ask questions and then try to work toward a compromise in which both sides accept some of the blame. The elders have an arsenal of techniques for reaching a settlement: proverbs, persuasion, subtle blackmail, precedent, and even magic.

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