Friday, March 2, 2012

Alternative Dispute Resolution in Britain & SA

By Aaron Dinkle


Dispute resolution comes in numerous shapes and sizes including legislation, arbitration, mediation, and counselling. When disputes are settled on a worldwide level that sometimes gets into the realm of diplomacy. All through the ages societies have dealt with disputes in organized and respectable fashions. This is a collection of some of the best modern examples of ADR (alternative dispute resolution).

UK

In 1999, The UK commenced to initiate the Pre-Action Protocol. This form of dispute resolution has become mandatory for all parties entering into a civil contract. The Pre-Action Protocol states that all participating parties in the contract to agree to Alternative Dispute Resolution if any conflict ensues, and will only attend court as a final resort.

The Pre-Action Custom is structured as an open approach, where everybody concerned in the dispute can ask the others for any info or documentation applying to case, in order to make their defense more sustainable. This action eases a great amount of money from the British legal system on cases that could have just as easily been fixed by a mediator or arbitrator.

South Africa

The country of S. A. has embraced ADR as a perfectly respectable alternative option to legal proceedings. The people of South Africa feel like the process is really reminiscent of their heritage, where conflicts were resolved through communication and non-violence. With so many cases back-logging the court system, with many cases being given court dates up to 3 years in the future, Alternative Dispute Resolution like arbitration and mediation are a welcomed change.

More people of S. A. are embracing a form of Alternative Dispute Resolution because they feel it's the simplest way of handling civil conflicts that come up. They feel that tax cash can be put to better use than simply building another courthouse so as to accommodate the overflow of cases waiting to get heard in a court.




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