The origins of modern-day “alternative” dispute resolution (non-adjudicative dispute resolution dubbed ADR) can be found in the ancient records of secular and religious peoples. Thousands of years ago, Chinese villagers resolved disputes through the words of respected elders. The prophet Muhammad was known as a mediator. The early Quakers in this country used mediation and arbitration to resolve commercial and marital disagreements.

Institutionalization of ADR began in this country in the late 1800s, when Congress enacted legislation to promote the use of mediation for collective bargaining disputes. In 1925, Congress enacted the Federal Arbitration Act. During the 1960s, various forms of ADR, and particularly mediation, were explored in the writings of legal scholars. By the 1970s, law schools began to offer courses and degrees in ADR. By 2000, 830 courses were offered at the 182 ABA approved law schools.