Extrajudicial Dispute Resolution
Some use the term dispute resolution to refer only to alternative dispute resolution (ADR), that is, extrajudicial processes such as arbitration, collaborative law, and mediation used to resolve conflict and potential conflict between and among individuals, business entities, governmental agencies, and (in the public international law context) states. ADR generally depends on agreement by the parties to use ADR processes, either before or after a dispute has arisen. ADR has experienced steadily increasing acceptance and utilization because of a perception of greater flexibility, costs below those of traditional litigation, and speedy resolution of disputes, among other perceived advantages. However, some have criticized these methods as taking away the right to seek redress of grievances in the courts, suggesting that extrajudicial dispute resolution may not offer the fairest way for parties not in an equal bargaining relationship, for example in a dispute between a consumer and a large corporation. In addition, in some circumstances, arbitration and other ADR processes may become as expensive as litigation or more so.
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Famous quotes containing the words dispute and/or resolution:
“The king said, -Divide the living boy in two; then give half to the one, and half to the other. But the woman whose son was alive said to the king -because compassion for her son burned within her - -Please, my lord, give her the living boy; certainly do not kill him! The other said, -It shall be neither mine nor yours; divide it. Then the king responded: -Give the first woman the living boy; do not kill him. She is his mother.”
—Bible: Hebrew, 1 Kings. 3:25-37.
Solomon resolves a dispute between two women over a child. Solomon’s wisdom was proven by this story.
“Unfortunately, many things have been omitted which should have been recorded in our journal; for though we made it a rule to set down all our experiences therein, yet such a resolution is very hard to keep, for the important experience rarely allows us to remember such obligations, and so indifferent things get recorded, while that is frequently neglected. It is not easy to write in a journal what interests us at any time, because to write it is not what interests us.”
—Henry David Thoreau (1817–1862)