Is ADR a field?

Is ADR a field? Many of us may take the answer to this question for granted. But are we mediation-centric as we go through life? And what about ADR being “in the shadow of the law”? During the Keystone Conference in October 2010 the question of whether or not ADR is a field was discussed – first in form of a question and then in the form of two different answers. I thought those were good pointers for self-reflection…

First, Carrie Menkel-Meadow asks "Are We a Field?" She points out that we care about what is done in the name of ADR and that since we perceive shared values and processes we might conclude that ADR is an established field. But when looking at some of the identifiers of recognized occupational fields ADR does miss some marks, for example when it comes to entry control, licensing and certification, as well as the ability to remove people. She also asks how the emerging field of ADR compares to other emerging or trans-disciplinary fields.

In response Juliana Birkhoff states "We Are a Field". She looks at various definitions and finds that coherence, a common boundary or sophisticated organization are not required. However; other aspects which do indicate that ADR is a field, are met. She points to 160 undergraduate and 130 graduate conflict resolution programs that prove that ADR is a field of study and says that other, commercial and practical, characteristics further support the claim that ADR is a field.

When Peter Adler says "We Are Not a Field" in his response, he affirms we are not a profession, even though he is not sure who “we” are. He outlines various stages of the development of a profession that ADR or, more specifically, mediation, as a field has not gone through. However; his main argument is that having shared values and techniques does not add up to a profession, not even if standards were imposed on them. And many methods and techniques that are used by mediators are not used exclusively by them.

http://www.mediate.com/articles/meadow1.cfm

http://www.mediate.com/articles/keystone_birkhoff.cfm

http://www.mediate.com/articles/keystone_adler.cfm

Are we a field? Is the question important? Does the answer matter?

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Comment by John C. Turley on June 17, 2012 at 10:32pm: I just attended a local late spring reception for ADR professionals. The meeting was packed with lawyers, mediators,graduate students, faculty, and wannabees. To answer the above questions, it reminds me of when I played basketball in NYC. Other players quickly assessed whether or not "you got game." I think that a minority of mediators and ballplayers truly "got game." I noticed this at the chapter meeting and in my mediation sessions for the State of Michigan. I would not hire most of the people in the room if I needed the services of the best mediator and my interests were on the line. It is the same in elimination basketball in the projects. You stay on the court until you lose, so pick your best available players. It is likewise in mediation since "many are called, but few are chosen." The top 20% of the mediation profession are making things happen daily.