Hon. David G. Sacks (ret.)
As one who spends a fair amount of time in Gloucester and is a practitioner of dispute resolution, I offer this appreciation in celebration of the history and benefits of dispute resolution and the role Gloucester and the commonwealth played in its launch.
If you find yourself in Gloucester’s Stage Fort Park, you may notice two markers that describe a 1623 conflict over a fishing operation and how it was resolved in an early instance of arbitration. The markers were placed respectively in 1907, affixed to a very large rock by “the citizens of Gloucester,” and in 1930, on the roadside by the Massachusetts Bay Colony Tercentenary Commission. The markers bear the following inscriptions (punctuation added), the first quotation from 1907 and the second quotation from 1930.
“ON THIS SITE IN 1623
A COMPANY OF FISHERMEN AND FARMERS FROM DORCHESTER ENG.,
UNDER THE DIRECTION OF REV. JOHN WHITE, FOUNDED THE MASSACHUSETTS BAY COLONY.
FROM THAT TIME THE FISHERIES, THE OLDEST INDUSTRY IN THE COMMONWEALTH, HAVE BEEN UNINTERRUPTEDLY PUR-SUED FROM THIS POST.
HERE IN 1625 (sic) GOV. ROGER CONANT, BY WISE DIPLOMACY, AVERTED BLOODSHED BETWEEN CONTENDING FACTIONS:
ONE LED BY MYLES STANDISH OF PLYMOUTH. THE OTHER BY CAPT. HEWES.
A NOTABLE EXEMPLICATION OF ARBITRATION IN THE BEGINNINGS OF NEW ENGLAND.
PLACED BY THE CITIZENS OF GLOUCESTER 1907.”
“SETTLEMENT OF CAPE ANN
ON THIS SITE IN 1623 THE DORCHESTER ADVENTURERS FOUNDED THE NUCLEUS OF THE MASSACHUSETTS BAY COLONY AND THE FISHING INDUSTRY. HERE ROGER CONANT AVERTED BLOODSHED BETWEEN TWO FACTIONS CONTENDING FOR A FISHING STAGE. A NOTABLE EXAMPLE OF ARBITRATION IN THE BEGINNING OF NEW ENGLAND.
MASSACHUSETTS BAY COLONY TERCENTENARTY COMMISSION”
There are ever-increasing opportunities in today’s litigation world to avoid the extremely costly and time-consuming process of trials. Processes have been developed that allow the parties to engage in informed discussion and negotiation to attempt mutually agreeable settlements. These processes are often referred to as ADR, which stands for appropriate or alternative dispute resolution, with mediation and arbitration being two of the more widely recognized forms. Among the many types of controversies that use dispute resolution are small claims, family disputes, property disputes, landlord-tenant dispute, tort claims, and business and commercial claims.
In addition to the noted early use of arbitration in Gloucester, the commonwealth is also able to claim the late and renowned Harvard Professor Frank Sander who is widely regarded as the modern parent of dispute resolution. Both the Massachusetts Bar and American Bar associations present annual awards in his name. He is remembered for his “multi-door courthouse” and “let the forum fit the fuss” descriptions of options available to those who wish to try to settle litigation without trials.
Gloucester’s early history, as evidenced by the two markers in Stage Fort Park, foreshadowed today’s dispute resolution efforts by way of that early arbitration, although there is not a definitive history about the original resolved controversy.
A post from a blogger, “The Distracted Traveler,” recounts one version of the 1623 event.
See https://www.thedistractedwanderer.com/2019/02/trust-gortons-fisherman-and-go-visit.html?m=1.
Included in that version is this description of the event:
“In 1625, (Roger) Conant was involved in a violent situation that he was able to peacefully arbitrate between Plymouth Colony military Captain Myles Standish and some of the Cape Ann fishermen led by Captain Hewes. In 1907 the citizens of Gloucester placed a plaque commemorating Conant’s success as a peacemaker on the most prominent geological feature at Stage Fort Park, a large rock that measures sixty feet high and two hundred feet wide which was used as an ancient ritual stone by the Native Americans who lived in the area.”
Finally, it is very timely to reflect on the 1623 use of arbitration as the city of Gloucester is currently celebrating the 400th anniversary of its founding.
Hon. David G. Sacks (ret.), a member of the Massachusetts Bar Association’s Dispute Resolution Section Council, sat in the Hampden Probate and Family Court from 1986-2020, and was the chair of the Trial Court’s Standing Committee on Dispute Resolution from 2016-2020 and is currently the vice chair. He is a Continuing Access to Justice Fellow working with Senior Partners for Justice, a private dispute resolution provider, and is an affiliate of the Boston Law Collaborative. He can be reached at davidsacksadr@outlook.com.