1 Joseph M. Jacob Civil Litigation: Practice and Procedure in a Shifting Culture (Welwyn Garden City, Hertfordshire, England: EMIS Professional Publishing Ltd., 2001), at 26. states: “The enti re history of the common law can be seen as a search for the most appropriate method of dispute disposal. This is probably true of all other legal systems.” 2 Ibid. 3 The “search to f ind dispute settlement techniques outside the ordinary courts” is not ne w, witness the precedent early in the 20^th century of specialized tribunals created to handle public law disputes, and the enactment of the Arbitration Act in England in 1889: ibid., at 26. 4 Canadian Bar Association, Task Force on Systems of Civil Justice, Systems of Civil Justice Task Force Report (Ottawa: Canadian Bar Association, 1996) [CBA Task Force Report]. 5 Remarks of the Right Honourable Beverley McLachlin, P.C., “The Ro le of Judges in Modern Society” (May  5, 2001), online: http://www.scc-csc.gc.ca/about court/ judges/ speeches/role- of-judges_e.asp, quoting the Right Honourable Antonio Lamer, Chief Justice McLachlin’s predecessor as Chief Justice of the Supreme Court of Canada 6 During the last three decades of the 20^th century, concurrently with the rise of ADR, other characteristics of the American legal system were being challenged. Some scholars questioned the extreme focus on individual rights and asked whether there was a place for recognition of group or community rights. Another scholar, Carol Gilligan, conceptualized an “ethic  of care” as a groundbreaking alternative to the “ethic  of reason” in which the law and legal system are fundamentally rooted: In A Different Voice [get publishing info.]. Think of it – not only a “just” bu  t also a “caring ” legal system. Are the concepts mutually exclusive, or might they sit together? 7 According to Joseph M. Jacob, supra note ??, at 4: “The loss of faith in adjudication is  one reason that explains the modern emphasis on the avoidance of litigation (but not disputes or the insistence on private rights) and ADR ...” 8 Jacob, at 4: “Ov erarching all of this, there has been, I suggest, a decline in confidence in adjudication and in the competence and professionalism of those who ran th system (the lawyers but not the judges).” 9 ALRI CM 12.6, at ??. 10 Carrie J. Menkel-Meadow, “ When Winning Isn’t Ev erything: The Lawyer as Problem Solver” (1999-2000) 28 Hofstra L. Rev. 905 at 908. 11 Pauline Tesler, “Collab orative Law: What It Is, and Why Lawyers Need to Know About It” (1999) 13 Am. J. Fam. L. 215 at 218 (online: The Law School Consortium <http://www.lawschoolconsortium.net/teslerarticle.htm>). 12 For a fuller account of the ADR movement, see Alberta Law Reform Institute, Dispute Resolution: A Directory of Methods, Projects and Resources (Research Paper No. 19) (Edmonton: Alberta Law Reform Institute, 1990) at 7-9 [ALRI RP 19]. Significant in the move ENDNOTES [Incomplete]