The Dynamic Conception of Alternative Dispute Resolution

TitleThe Dynamic Conception of Alternative Dispute Resolution
Publication TypeBook Chapter
AuthorsTajti, T.
Book TitleAlternative Means of Dispute Resolution in Business
PublisherUniversity Kazimiero Simonavičiaus, Vilnius, Lithuania
Place of PublicationVilnius, Lithuania
Editionfirst, 2015
ISBN NumberISBN 978-609-95634-1-1
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One could hardly contest that the English (and to a lesser extent other) language publications on alternative dispute resolution have significantly increased during the last few decades. This applies primarily to international commercial arbitration, though mediation – perhaps domestic rather than international – seems to have caught up lately as well. No matter whether books written by arbitrators or mediators are at stake, however, they suffer from a weakness this paper would like to focus upon: the static picture they present.
The article vouches for a shift from a static to a dynamic perception of alternative dispute resolution for the 21st century. Contrary to what intuition would dictate, however, such a shift would require more than just adding a few more pages to the introductory, evolution-related parts of these works. The task would be rather to create a picture that would emphasize the presence of dynamic forces constantly reshaping the contours of ADR; both internally and externally. The paper, by no means a complete account of the topic, aims to cast a novel light on some of the entrenched assumptions characteristic to the ADR law by putting forward a number of historical and contemporary illustrations.

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