Abstract

This project argues that the growth of Alternative Dispute Resolution (ADR) may be more fully explained by the needs of both the social (i.e. the emergence of a social market for ADR skills for individuals); and the economic market (i.e. the emergence of private ADR corporations). The evidence shows ADR should be regarded as a mechanism of 'control'. The research relies on the use of the works of three thinkers, Emile Durkheim, Max Weber and Michel Foucault to examine the phenomenon of Alternative Dispute Resolution (ADR). The research used both sociological text and Law Journal articles to conduct this research. The research includes an extensive literature review from the fields of law and sociology. It draws on 2 case studies to show the close relationship between the growth of ADR within law schools starting with single courses to multi-faceted ADR programs and its emergence under the tutelage of the legal profession.