Published in cooperation with the American Bar Association Section of Dispute Resolutio

Conklin, Carli N.

In 1786, legal reform activist Benjamin Austin undertook a campaign to promote the use of arbitration over litigation as the primary method of dispute resolution in Massachusetts. Although supported by a groundswell of anti-lawyer sentiment, Austin ultimately failed in securing the triumph of arbitration. Exploring Austin\u27s pamphlet campaign in its historical context not only provides us with a snapshot of the arguments for and against dispute resolution in early America, but also serves as a corrective to the prevailing accounts of arbitration in American legal history. This article explores the context and content of Austin\u27s pamphlet campaign and its implications for understanding the role of arbitration in early American law in five parts

University of Missouri School of Law

English

Lost Options for Mutual Gain? The Layperson, the Lawyer, and Dispute Resolution in Early America

bepress Legal Repository

https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1468&amp;context=facpubs

Lost Options for Mutual Gain? The Lawyer, the Layperson, and Dispute Resolution in Early America

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University of Missouri School of Law

bepress Legal Repository