CHAPTER 2

ADR Processes

The following ADR processes are by no means definitive of the peacemaking field. However, they do offer the reader a wide view of the field and give an idea of the wide range of the approaches taken to settle all kinds of conflicts in America.

Contractual Arbitration

Contractual arbitration is the oldest form of arbitration in America. ­Parties to a contract agree as part of their written agreement to resort to third-party neutral arbitration if a dispute arises between them under the terms of their agreement they cannot resolve themselves. George ­Washington had an arbitration clause in his will. Abraham Lincoln acted as an arbitrator during his legal career in Illinois. The majority of states support arbitration if it ...

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