The historical emergence of arbitration as a dispute mechanism and its characteristics

Dispute resolution has never been, and it is expected will never be, an exclusive function of the state1. Arbitration2 is one form of alternative dispute resolution (ADR)3.ADR is often lauded for its potential to produce “better” quality outcomes, including fairness leading to the same justice outcome, than courts4. The ADR boom is motivated by concerns about efficiency, access, and justice5. It is worth noting that private arbitration predates the public court system6. Arbitration began as an extrajudicial mechanism for resolving disputes7. The ancient Sumerians,

1 Sarah Rudolph Cole, Arbitration and State Action, 2005 Brigham Young University Law Review 1 at 47.