Principles of alternative dispute resolution

From the Preface: The term "Alternative Dispute Resolution" is still fairly new. Prior to the 1970's, lawyers did not talk about "ADR." They did, however, practice ADR. They negotiated settlement agreements and they represented clients in arbitration. Such activities have long been performed by lawyers. Only in the last generation, though, has ADR emerged as a distinct field of study in law school. This book is an outgrowth of the emergence. This book surveys ADR. It is written with one overriding goal, to serve as a clear and reliable statement of the law and concepts central to ADR. The literature on ADR is large and growing. Not only does the ADR literature represent a wide variety of views, it represents a wide variety of approaches. Much of what is written on ADR consists of prescriptive guidance for practitioners, containing suggestions on "how to be a better mediator," for example. Other ADR writings are descriptive or empirical, in the manner of social science. Finally, some ADR writings are theoretical, even philosophical, and occasionally theological.