Tracing the Roots of a Jurisprudence of ADR
Carrie Menkel-Meadow and her Intellectual Mother and Fathers
Abstract
This article traces the most significant intellectual influences of Carrie Menkel-Meadow, widely regarded as a pioneer in the field of alternative dispute resolution (ADR). It argues that key elements of Mary Parker Follett’s approach to conflict resolution, Lon L Fuller’s legal philosophy—particularly his work on alternative processes for handling disputes—and Howard Raiffa’s negotiation theory are reflected in Menkel-Meadow’s contributions to integrative negotiation, process pluralism, and her conception of negotiation as both an art and a science. The article examines these three theoretical pillars and concludes that one productive way to expand ADR’s theoretical scope is to engage intellectual history and legal philosophy to better understand the field’s development, its future directions, and to re-signify the past to open up new ways of thinking about ADR.
Keywords: ADR; negotiation; Carrie Menkel-Meadow; Lon L Fuller; Howard Raiffa; Mary Parker Follett; intellectual history; conflict resolution theory; genealogy.
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