By Rob Basso on
3/2/2011 12:31 PM
Guest Post by David Abeshouse, Law Office of David J. Abeshouse.
At the dawn of history, human beings resolved disputes in ways not so far removed from those of their mammalian and reptilian forebears. Progressing over the centuries, society developed increasingly sophisticated and customized dispute resolution mechanisms. The American court system has been our forum for settling disagreements. This mostly worked, for a century or so. Early in the 20th century, new alternatives arose in reaction to many of the defects of our judiciary, and others globally. Now, 90 years later, Alternative Dispute Resolution (ADR – including arbitration and mediation) has a firm and deservedly growing foothold in our business dispute resolution landscape, domestically and globally.
The vast majority of recent United States Supreme Court decisions encourage greater use of ADR in business cases. However, ADR is not yet sufficiently widespread in the opinion of those who see it as a better way to resolve more business conflicts without enduring onerous court procedures before an overworked judiciary...