ABSTRACT
Whenwethinkofthe"founding"oftheADRmovement(particularly,but notexclusively,inlaw),fromwhendowedateit?Whomdowethinkofasour leaders?ManyofusthinkofFrankSanderandthe"multi-doorcourthouse" suggestedbyhisfamouspaper,deliveredatthePoundConferenceontheCauses ofPopularDissatisfactionwiththeAdministrationofJusticein1976.1For others,thepublicationofRogerFisherandWilliamUcy'sGettingtoYes,2 signaledaninterestinachangedparadigmforengaginginlegalnegotiations.3 SomemayassociateADR'snascencywithearlypracticaleffortsto institutionalize"warmer''4methodsofdisputing.Callingonthesemethods,the
civil rights movement, the consumer movement, and local empowerment efforts5 all attempted to increase community participation and involvement in issues that were linked to larger social concerns. Yet, as we date most of the modem "ADR movement"6 to the 1970s and 1980s, we may be failing to pay enough serious attention to earlier "intellectual" founders of ADR-those who provided the key ideas, concepts or organizing frameworks7 from which we have built our modem movement of theories, practices, policies, and institutions. In this essay, I hope to remind us of who went before, and which of their ideas helped generate our current understandings of our field. I also will examine which of these ideas, theories, and concepts continue robustly to influence our practices and which might need to be modified in light of current conditions.
