Originally from World Arbitration And Mediation Review (WAMR)

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ESSAY:

FINDING CREATIVE SOLUTIONS IN ADR
Richard M. Calkins*

Few would disagree that the American judicial system is one
of the finest yet devised. It seeks the truth in all instances, and to
do justice to all who enter its hallowed halls. Yet, as stated by
former Chief Justice Warren E. Burger of the United States
Supreme Court, it “has become too costly, too painful, too
destructive, and too inefficient for a truly civilized people.”1
Change is needed, a change so profound that Chief Justice Burger
predicted that civil trials will follow trial by combat into
extinction.2
This change comes in the form of alternative dispute
resolution (“ADR”). ADR has transferred the resolution of
disputes from the courtroom to the conference table, and lawyers
from advocates to peacemakers. Chief Justice Berger — the
forefather of modern day ADR — implored lawyers to initiate a
kinder, gentler way to resolve differences. He admonished them
to discard their robes of advocacy and put on the cloaks of
problem-solvers, harmonizers, peacemakers and healers:

[Lawyers] must be legal architects, engineers, builders,
and from time to time, inventors as well. We have served
and must continue to see our role as problem-solvers,
harmonizers, and peacemakers, the healers — not the
promoters — of conflict.