Published 19 July 2017
Chapter 1 - The Rise of Religious Arbitration
This chapter surveys the contemporary landscape of religious arbitration in the United States by exploring how different religious communities utilize arbitration, how these processes differ from each other, and where various faith-based dispute resolution models fall on the broader ADR spectrum. In particular, this chapter will explore developments in Jewish, Christian, and Islamic arbitration in America over the last several decades, and discuss what internal concerns and external stimuli have spurred these changes. In this context, this chapter will also reflect on why American Catholics have not moved in the same direction as some other religious groups, which have been eager to embrace the use of religious arbitration as a means of enabling their adherents to resolve ordinary secular conflicts in accordance with religious norms and values. Finally, this chapter will discuss the historical limitations of utilizing religious arbitration in many faiths and how some have evolved to embrace the practice. Although controversial, religious arbitration has grown immensely since its inception. In fact, almost every religion in the United States has its own system for settling disputes, each of which functions as an alternative to the civil courts. While these vary in detail, with different religious groups utilizing different methods of ADR and some developing more intricate, sophisticated, and successful systems than others, they all share the same goal: creating a system for settling disputes outside the realm of the secular court system.
Sharia Tribunals, Rabbinical Courts, and Christian Panels. Michael J. Broyde.
© Oxford University Press 2017. Published 2017 by Oxford University Press.
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