32
toward more consensual dispute resolution was the publication of Roger Fisher and William
Urys book , Getting to Yes: Negotiating Agreement Without Giving In (New York: Penguin
Books, 1983), which has become a classic text.
13
The growth of international trade has led to the search for improved methods of resolving
disputes that cross political boundaries. Technology has been a major force not only in the
globalization of trade but also in the development of on-line dispute resolution sites and
methods.
14
ALRI CM 12.6, at 53.
15
The Honourable Hugh F. Landerkin, Q.C. and Andrew J. Pirie, Judges as Mediators: Whats
the Problem with Judicial Dispute Resolution in Canada? (2003) 82 Can. Bar Rev. 259 , at
255, citing E. Lind & T. Tyleer, The Social Psychology of Procedural Justice (New York:
Plenum Press, 1988) and N. Welsh, Makin g Deals in Court-Connected Mediation: Whats
Justice Got To Do With It? (2001), 79 Wash. U.L.Q. 787.
16
Landerkin & Pirie, at 257.
17
CM 12.6, at ...
18
Landerkin & Pirie, at 257, quoting A. Pirie, Alternative ... etc.
19
Jacob, at 4: A second re ason [for the growth of ADR] is a financially driven recognition that
it is not the business of the State to be involved in private quarrels.
20
The 1989 Canadian Bar Association Task Force on Alternative Dispute Resolution urged
lawyers to see ADR as a strong expression of the legal professions continuing commitment
to fair and effective dispute resolution: La nderkin & Pirie, at 274-275, citing Supra note 49 at
4.
21
This multi-op tion vision was first proposed by Professor Frank Sander of Harvard in a paper
presented at the 1976 Pound Conference: Landerkin & Pirie, at 273.
22
E.g.,
23
Landerkin & Pirie, at 274, citing Canadian Bar Association Task Force on Systems of Civil
Justice, Report of the Task Force on Systems of Civil Justice (Ottawa: Canadian Bar
Association, 1996) at 18.
24
Ibid. at 23.
25
CBA Task Force Report on Civil Justice ..., ibid. at 33. Recommendation 1.
26
Ibid., at 63.
27
Ibid.
28