Paper Topic:

Judicial Politics

Introduction

Alternative dispute resolution refers to dispute resolution techniques and processes falling outside the judicial process of the government Despite the historic resistance that the alternative dispute resolution has faced from parties and their advocates , recently it has been accepted by many members of the legal profession and the general public In fact some courts in some countries have encouraged some parties to resort to the Alternative Dispute Resolution process of some type usually mediation before allowing the parties cases to be tried in the court . The increasing popularity of Alternative

Dispute resolution can be credited to a preference to confidentiality , the perception that Alternative Dispute resolution is cheaper and increase in the case load of the traditional courts

There are four types of alternative dispute resolution . These are mediation , negotiation , arbitration , and collaborative law . It can be used along side other legal systems that are existing such as common laws and the sharia courts . The salient features for these types of alternative dispute resolution are : in Negotiation the parties volunteer and there is not third party to impose a resolution or to facilitate the resolution passed . Mediation has a third party who is charged with the responsibility of facilitating the resolution process and even proposing a resolution , however the mediator is not supposed to impose a resolution to the conflicting parties . The advantages of mediation are it is flexible , lower cost , improved quality of settlement and quick resolution of the dispute . In arbitration the parties participation is typically voluntarily...

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