Mandatory Mediation: Challenges and Perspectives
Mandatory Mediation (Challenges and perspectives)
Conflict resolution has become a rigorous process that is not only time consuming but also an expensive exercise. Across the world more so in Europe, the justice system there are having a hard time dealing with all cases and conflicts brought before the courts largely due to the growing number of cases( Nolan-Haley 21). Unlike in the past when some parties decided to settle some issues outside the court system, today the trend has been reversed, and cases of smaller magnitude are taken to the corridors of justice. The lack of alternative resolution mechanisms is seen as the leading cause for this pattern. The result is a backlog of cases of which have stayed in the system for decades. For instance, a recent survey showed that in Italy alone, close to six million cases are lying unsolved within the country’s justice system. This figure is alarming considering that new cases are also brought forward day by day.
This is what necessitated the formation of the Alternative Dispute Resolution Movement (ADR) within European countries to provide an alternative resolution mechanism through mediation. Since its formation, ADR has enjoyed steady growth over the past decades and today its presence is seen as a breakthrough in the justice systems across the countries where it operates. The essence of ADR is to promote mediation as an alternative to tool to the justice delivered by…
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