Resolution Systems InstituteResolution Systems InstituteMenuDonate
  • Home
  • About
    • Overview
    • Mission
    • People
    • History
    • Awards
    • Careers
    • Support RSI
  • Services
    • Program Administration
    • Program Design
    • Research and Evaluation
  • Our Impact
    • Child Protection Mediation
    • Evaluation of a Child Protection Mediation Program
    • Eviction Mediation
    • Foreclosure Mediation
  • Resource Center
    • Overview
    • Court ADR Basics
    • Guide to Program Success
    • Mediation Efficacy Studies
    • Model Surveys
    • The OPEN Project: ODR Party Engagement
    • Peer Review Tools
    • Power Imbalance Toolkit for Mediation
    • Special Topics
  • Publications
  • Blog
  • Contact
  • The OPEN Project
  • Donate
Combined ShapeBack to search results

The Death of ADR: A Cautionary Tale of Isomorphism Through Institutionalization

Yarn, Douglas. Penn State Law Review, Jan. 1, 2004

This article discusses arbitration in England from the 10th to the late 19th centuries and briefly compares that process to contemporary mediation in the United States. The author outlines the history of arbitration in England, including the concept of "loveday" proceedings, in which "disputants sought reconciliation" (p.942) in the early medieval ages. This process focused on love more than the actual law but lost popularity in the 15th century with the rise of individual rights and fears of corruption and was not used at all by the end of the seventeenth century. The author discusses the emergence of pseudo-adjudicative arbitration, early commercial arbitration, the institutionalization of court-sponsored arbitration (through such measures as the Arbitration Act of 1698), and various issues related to arbitration throughout its development. According to the article, "by the twentieth century, the courts had lost most commercial litigation to arbitral tribunals" (p.1009) and "by the mid twentieth century, arbitration had assumed most of the characteristics of formal adversarial adjudication in a court of Law" (p. 1010). The author then compares English arbitration to contemporary mediation in the United States and conclude that its best chance of survival as a conciliatory form of alternative dispute resolution is to separate itself from the court system (p.1015).

11 E Adams Street, Suite 500, Chicago, IL 60603

  • 312.922.6475
  • info@aboutrsi.org
  • © 1998-2026 RSI
  • Facebook
  • Twitter
  • LinkedIn

To give you the best possible experience, this site uses cookies. If you continue browsing, you accept our use of cookies and agree to our Disclaimer, Privacy & Copyright policy.

Learn More