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In the late 1970s and early 1980s a new movement took root in the bar. It was called Alternative Dispute Resolution ("ADR") and was for the most part an attack upon the strong exercises of judicial power that marked the previous decade. The proponents of ADR sought to substitute a number of alternative processes for adjudication. Most of these processes have been around for a long, long time. What the proponents of ADR did, however, was to place a new emphasis upon these alternative processes and organize them into a program. Some of these processes, like arbitration, involve a third-party decision maker and thus seem similar to adjudication, but are in truth private. Others, like mediation and settlement, are more explicitly private. They contemplate the resolution of disputes through bargaining and negotiation.
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