Abstract

In the mid-1970s, I attended one of the early conferences on Alternative Dispute Resolution (ADR). It was held in Stanton, Virginia in the heart of Mennonite country. At that point, very few people had heard of ADR, but almost all acknowledged that the civil litigation system was broken. The bar establishment was willing to look almost anywhere for help. There were American Bar Association representatives at the conference, and their attitude was one of curiosity that disputes might be resolved outside the traditional litigation and negotiation processes. At the conference, some of the leading speakers were members of Mennonite dispute resolution groups. They seemed to many lawyers as if they had stepped off of another planet, but they told of a history of dealing with disputes through alternate means. They served as teachers to the ABA and the rest of us. Since then, of course, everything has changed. ADR has swept the country. It would probably be malpractice for a lawyer to not consider alternative means for resolving civil disputes.

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