The ADR Field and Marketplace: Evolution, Growth, Taking Stock, and Where To From Here

摘要

This survey article addresses trends and developments in, and the future of, the alternative dispute resolution ("ADR") field and marketplace, including the extraordinary circumstances it may be confronting. Parts 1 and 2, which appeared in the February 2014 issue of Alternatives (Vol. 33, issue 2),~* focused on the evolution, growth and maturity of ADR and the ADR marketplace in the current economic, political, public policy, professional and regulatory landscape. Part 3, which follows here, examines the future of ADR. The article attempts to view ADR not just as a profession (a body of trained and qualified persons engaged in a specialized field or occupation as a source of livelihood), but also as a service industry (public and private) that operates in a business marketplace occupied by both suppliers and consumers. This is not an original perspective, but it is one that is increasingly relevant to the economic health and survival of ADR. ADR is not a monolith, but rather a complex, multifaceted, evolving field and marketplace. While space limitations dictate that the subject matter be addressed generally, specific circumstances differ significantly for discrete aspects of ADR. There is a greater focus on mediation-the heart and soul of ADR-than on other types of dispute resolution.