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Alternative Dispute Resolution: in Early Civilization They Learne...

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Alternative Dispute Resolution: in Early Civilization They Learned to Live in Harmony

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  • July 2010
  • 6943 Words
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Human beings were nomads, and then they started living in groups. In early civilization they learned to live in harmony. The larger and more complex a social group becomes, the more varied and perhaps more frequent will be the disputes which crop within it.[1] Man enacted rules for smooth governance of society and developed various ways for resolving the disputes amongst themselves. In modern days he constituted courts for resolving disputes. However, these courts have certain procedure and with passage of time these procedures tend to make resolution of disputes more time consuming and costly. When a dispute arises, what is in the best interests of the disputants? The answer is to resolve it effectively, expeditiously, and efficiently.[2] The civil justice system is required to perform different functions for different cases, making it a complex structure. The main problems identified with civil justice system are cost, delay, complexity and uncertainty of outcome.[3] Therefore with increase in number of cases the courts are overburdened. New alternatives were thought for faster resolution of disputes. These are known as Alternative Dispute Resolution (ADR). ADR refers to all methods of resolving disputes outside a court of law.[4] There is no fixed definition of ADR; however, there has been an attempt to define ADR, ways of attempting to resolve disputes so as to avoid litigation.[5] It covers a range of processes where both parties retain control over the outcome, but where a neutral third party assists the disputants in defining the issues of difference, finding common ground and, ultimately, reaching a settlement.[6] ADR is part of the civil justice system in the United Kingdom. It is a key aspect of the civil justice system and has grown over the past forty years.[7] In the UK, ADR has been utilised in certain fields (e.g. family law ) and in various forms for a number of years, but it was not until Lord Woolf’s ‘Access to Justice’ report of 1998, where he...

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