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Alternative Dispute Resolution – Justice without Trial?

Keywords: mediation , agreement , trial , litigation , conciliation

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Abstract:

This research is proposed to analyze the alternative means of dispute resolution, as an alternativeof justice, or as a justice alternative, after studying both European critical literature and national one. Thephrase alternative dispute resolution” means any alternative way of dispute resolution method whereby two ormore people try using a third party to reach a solution to the problem that precludes them, whether it ismediation, conciliation, assisted negotiation. In this research, we proposed to use the observation as a commonmethod. We concluded that the main reason of the alternative means for dispute resolution results from thepossibility to avoid the judicial system that makes it available for the litigants. It was also shown that users ofalternative means for dispute resolution not seek to resolve the dispute outside a court as an amicablesettlement, negotiated, consensual of their dispute.

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