Needs Assessment and Sustainability of Alternative Dispute Resolution (ADR) in Civil Disputes Resolving

Spiroska, Elizabeta and Ristovska, Mirjana (2013) Needs Assessment and Sustainability of Alternative Dispute Resolution (ADR) in Civil Disputes Resolving. Balkan Social Science Review, 2. pp. 83-101. ISSN 1857- 8772

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“When the wind changes direction, There are those who build walls and Those who build windmills”- Chinese proverb Abstract This paper is a brief introduction for the needs assessment and sustainability of alternative dispute resolution (ADR) in the area of civil law. The principal focus is on the idea that, when it comes to using ADR, one size does not fit all. This paper shows that, the success of ADR interventions largely relies on a thorough understanding of the socio-cultural and economic context in which ADR intervention will be implemented and developed. This is why the mechanisms of the justice system, current legislation, the absence of rule of law, the types of dispute settlement, and culture are key factors in evaluating the potential of ADR. Alternative dispute resolution is inextricably linked with the notion of justice. The paper is composed of Introduction, two parts and Conclusion. Introduction provides a brief overview of the term “alternative dispute resolution” and importance of ADR analysis. Part I describes the main factors that influence the choice of ADRs, with mention that all factors are equally important in the implementation of ADRs, and their sequence in the text is random choice of the authors. Part II describes the options of providing appropriate methods for ADRs sustainability. The Conclusion gives a brief but useful picture of paper. Key words: alternative dispute resolution (ADR), culture of settlement, judicial reforms, ADR analysis, civil disputes

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Pfk Eprints
Date Deposited: 18 Mar 2020 15:45
Last Modified: 18 Mar 2020 15:45

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