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Friday 2 March 2012

Arbitration & Mediation in The United Kingdom & South Africa

By Aaron Dinkle


Dispute resolution comes in many sizes and styles including legislation, arbitration, mediation, and counseling. When disputes are settled on an international level that occasionally gets into the field of diplomacy. Throughout the ages societies have handled disputes in organised and respectable fashions. This is a compilation of a few of the best modern examples of ADR (alternative dispute resolution).

Britain

In 1999, The UK commenced to initiate the Pre-Action Protocol. This form of dispute resolution has become mandatory for all parties entering into a civil contract. The Pre-Action Protocol states that all participating parties in the contract to agree to Alternative Dispute Resolution if any conflict ensues, and will only attend court as a final resort.

The Pre-Action Custom is structured as an open approach, where everybody concerned in the dispute can ask the others for any info or documentation applying to case, in order to make their defense more sustainable. This action eases a great amount of money from the British legal system on cases that could have just as easily been fixed by a mediator or arbitrator.

South Africa

The country of SA has embraced ADR as a fantasically respectable alternative option to legal action. The people of S. A. feel like the process is really harking back to their heritage, where conflicts were resolved through communication and non-violence. With so many cases back-logging the court system, with many cases being given court dates up to 3 years in the future, Alternative Dispute Resolution like arbitration and mediation are a welcomed change.

More people of S. A. are embracing a form of Alternative Dispute Resolution because they feel it's the simplest way of handling civil conflicts that come up. They feel that tax cash can be put to better use than simply building another courthouse so as to accommodate the overflow of cases waiting to get heard in a court.




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