Alternative Dispute Resolution: A Comparative Study of National Systems

Alternative Dispute Resolution:
A Comparative Study of National Systems

The project, commissioned by the Ministry of Justice, responds to the growing interest in alternative dispute resolution (ADR) among the judiciary and legal profession within the United Kingdom over the last decade. A significant step was taken with Lord Woolf's 1986 report 'Access to Justice', which identified the need for fair, speedy and proportionate resolution of disputes, and which provided considerable impetus to the drive to introduce a greater range of ADR mechanisms in the United Kingdom. As he noted, ADR provides the potential for significant efficiency gains, notably in terms of reducing the waiting times currently facing litigants within the court system. More recently, the European Parliament and the Council have both approved a Directive on mediation covering civil, commercial and family matters in cross-border disputes, which is to be implemented by 2011.

Research Question

This research project identifies the approaches to ADR that have been adopted in legal systems other than the United Kingdom. It does so by conducting a comparative study of ten countries. Once the most relevant comparative models of ADR have been identified, the research examines the characteristics of such models, such as the preconditions for their application, the compulsory or voluntary nature of such measures, the legal framework, and the nature of the personnel conducting the resolution process. The research assesses any legal and other obstacles that may restrict recourse to ADR mechanisms. Other specific legal issues, including the confidentiality of ADR proceedings, the applicability of limitation periods and the enforceability of orders are also being analysed where relevant.

The scope of the project includes a variety of forms of ADR techniques other than litigation and arbitration within the civil and administrative law fields, including mediation, conciliation, neutral evaluation, expert determination or adjudication.

Research Partners

Rapporteurs in ten states are to respond to a questionnaire to support the Institute's research on the ADR mechanisms adopted in those countries.
The Institute regularly engages national rapporteurs to aid in the completion of our comparative studies. We engage with those rapporteurs who are particularly well placed to identify and produce the relevant resources based on both their specific knowledge in the field of study and their location in the jurisdictions analysed.

Research Staff at the Institute

If you have any expertise in ADR and are interested in contributing to the project in any way, or for more information on the project, please contact:

Faria Medjouba
Kristin Hausler