Alternative dispute resolution: Difference between revisions
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"<b>Alternative dispute resolution</b>" is an outmoded name for a variety of [[dispute resolution]] processes and techniques which, while not within the traditional mainstream of jurisprudence, have gained acceptance among both the general public and the legal profession. The processes were initially termed "alternative" because they were seen as extra-legal supplements to traditional jurisprudence. With the continuing increase in caseload placing great strain on traditional courts, many judges came to see dispute resolution as a acceptable means of decreasing caseload in traditional courts, while settling disputes in a fair and equitable way. |
"<b>Alternative dispute resolution</b>" is an outmoded name for a variety of [[dispute resolution]] processes and techniques which, while not within the traditional mainstream of jurisprudence, have gained acceptance among both the general public and the legal profession. The processes were initially termed "alternative" because they were seen as extra-legal supplements to traditional jurisprudence. With the continuing increase in caseload placing great strain on traditional courts, many judges came to see dispute resolution as a acceptable means of decreasing caseload in traditional courts, while settling disputes in a fair and equitable way. |
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It should also be noted that while these methods (especially arbitration) are non-traditional in domestic law, in international law they predate the use of courts to settle disputes between states, and thus in that context were never considered "alternative." |
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Revision as of 18:48, 8 January 2002
"Alternative dispute resolution" is an outmoded name for a variety of dispute resolution processes and techniques which, while not within the traditional mainstream of jurisprudence, have gained acceptance among both the general public and the legal profession. The processes were initially termed "alternative" because they were seen as extra-legal supplements to traditional jurisprudence. With the continuing increase in caseload placing great strain on traditional courts, many judges came to see dispute resolution as a acceptable means of decreasing caseload in traditional courts, while settling disputes in a fair and equitable way.
See also Arbitration, Mediation, Conciliation, and Negotiation.
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