History Of Dispute Resolution

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CHAPTER ONE AN INTRODUCTORY CHAPTER Controversies are as old as humankind. Consequently, dispute resolutions are only slightly more recent in the history of human controversies, whether the parties directly reached these dispute resolutions by themselves using peaceful negotiation, violence, or assistance from a third party. There is no need for further comments on the history of dispute resolutions, which is an interesting topic for anthropologists and historians to study, but not suited for the purpose of this dissertation. As in any law-abiding country, the court system has been considered the strongest, most efficient, and best organized system to perform legal dispute resolutions to protect and defend peoples' and entities' rights. The…show more content…
Unlike the U.S., with its comprehensive history of using ADR forms, to the extent that alternative dispute resolution is now known as "appropriate" dispute resolution, this practice is still in its early stages in Kuwait. However, the growth in Kuwait's economy, population, and the complexity of transactions has led people to focus attention on creating new tools to settle disputes. In the following sections, I will discuss the modern movement of ADR as a tool to settle or resolve disputes between disputants instead of formal litigation in both the U.S. and Kuwait, and review the relevant…show more content…
Law Schools that offered ADR courses, the 1983 amendment to the Federal Rules of Civil Procedure contributed to the development of mediation. Rule 16 now mandates the use of settlement conferences, and imposes sanctions on parties who are not willing to participate in those meetings. Second, another factor that contributed to promoting mediation in the U.S. was Rule 408 of the Federal Rules of Evidence. Rule 408 precludes the use of any evidence obtained during compromise negotiations, or a mediation communication, and makes this evidence inadmissible. Third, during the 1990s, the U.S. Congress passed two acts designed to promote the use of ADR by Federal Agencies: the Administrative Dispute Resolution Act of 1990, and the Administrative Dispute Resolution Act of 1996 ("ADRA"). The ADRA boosted the use of facilitative and evaluative forms of ADR, especially the use of mediation in administrative arenas. Fourth, the U.S. Congress passed two acts: the Civil Justice Reform Act of 1990 ("CJRA"), which encouraged federal trial courts (District Courts) to use mediation as a form of ADR; and the Alternative Dispute Resolution Act of 1998 ("ADRA"), which authorizes federal trial courts to implement a mediation system to reduce docket congestion, and re-establish the right of federal courts to mandate litigants to participate in
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