Evolution of Dispute Resolution Processes: From Informal to Formal and Back to Informal
This article aims to provide information relating to Alternative Dispute Resolution (Informal Dispute Resolution) which is considered a new technique for the resolution of disputes in western countries. Still, from the study, it has been proven that it is not a new technique, and has been in practice in one form or other in different times and civilizations; it is a conversion to new title and system with some modification, but the aim is same as was in ancient time, i.e., the historical evolution of the system from Torah period to present time presents the whole picture of this system. The study highlighted both practices in ancient and present times which shows that the system has been working successfully in all the times. Therefore, it can be applied elsewhere in the world, so the researcher is of the view that this system is more sustainable in any form than the formal system because it reflects the friendly, amicable, long-lasting relationships between parties.
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ADR, Dispute Resolution, Jirga, Panchayat, Torah, Talmud
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(1) Abida Hassan
PhD Scholar, Department of Law, University of South Asia, Lahore, Punjab, Pakistan
(2) Dil Muhammad Malik
Dean, Department of Law, University of South Asia, Lahore, Punjab, Pakistan.
Dispute Resolution Practices in USA, Australia and UK/EU
The research aims to highlight and discuss the different modes of settlement of disputes in todayÂ’s populated and overcrowded societies. The research has shown that due to expensive, time consuming and rigid process of formal justice system (court litigation) USA, Australia, UK and even European Union countries have preferred informal justice system (Alternative Dispute Resolution) for disputants to opt for their solutions. The informal dispute resolution system (Alternative Dispute Resolution) prevailing in modern countries like USA, Australia and UK is full of benefits and most probably the main reason for their progress and development also, and the study has shown that the system is working successfully in these countries, therefore, it can be applied anywhere even in the developing countries as well because this system is more sustainable in any form than the formal justice system (court litigation).
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ADR, Dispute Resolution, Formal, Informal, Settlement.
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(1) Abida Hassan
Ph. D Scholar, Department of Law, University of South Asia, Lahore, Punjab, Pakistan
(2) Dil Muhammad Malik
Dean, Department of Law, University of South Asia, Lahore, Punjab, Pakistan.