THE EFFECTIVENESS OF ALTERNATIVE DISPUTE RESOLUTION METHODS

Antal Visegrády and Eszter Vörös

FIAT IUSTITIA, 2018, vol. 12, issue 1, 323-332

Abstract: Historically, two types of dispute resolution have gradually evolved. The first one is the resolution through direct negotiation between parties, maybe with recourse to experts or supporters. Second one evolved in two forms: The first type of the second form rests on taking a third person into the dispute. Lastly, in some cases, there is no opportunity for the parties to choose, they have an obligation to go to a third person or organization, who decides through a predetermined measure. Finding the best conflict-solving methods in a country depends on the legal culture of society. We will examine methods of dispute resolution and their effectiveness in European, African, Chinese, Japanese, Muslim and Hindu legal cultures by combining theoretical and empirical methods and using contrasting. As a final conclusion we can conclude that in the 20th century a clear rearrangement took place in the world of legal cultures, in two main directions. On the one hand, Western legal cultures - for several reasons - are, as a result of civic dissatisfaction with the judiciary, discover alternative dispute resolution procedures and become more and more open to them. On the other hand, the role of law in resolving conflicts gradually increases in oriental legal cultures.

Keywords: ADR; legal cultures; courts; non formal mechanisms; effectiveness (search for similar items in EconPapers)
JEL-codes: K33 (search for similar items in EconPapers)
Date: 2018
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