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Before the Big Bang: The Making of an ADR Pioneer
Author(s) -
Moffitt Michael L.
Publication year - 2006
Publication title -
negotiation journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.238
H-Index - 32
eISSN - 1571-9979
pISSN - 0748-4526
DOI - 10.1111/j.1571-9979.2006.00112.x
Subject(s) - citation , negotiation , law , library science , sociology , alternative dispute resolution , dispute resolution , political science , computer science
Frank Sander’s 1976 speech at the Pound Conference on “The Causes of Popular Dissatisfaction with the Administration of Justice” (Sander 1976) is widely seen,particularly within the legal academy,as the“big bang”moment in the history of alternative dispute resolution (ADR). At the Pound Conference, Frank articulated his observation that traditional litigation systems process only certain kinds of disputes effectively. He suggested that the remaining types of disputes might better be addressed through other mechanisms. Frank wondered aloud whether the courts of the future (in particular, courts around the year 2000) might help to screen incoming complaints, sorting them according to criteria aimed at matching the case with the most appropriate form of resolution. Within Frank’s vision, some disputes would go to trial. Others would go to arbitration, to mediation, to fact-finding, or to some other mechanism well tailored for the particulars of the dispute in question. The cover of a magazine