EIRP Proceedings, Vol 7 (2012)

Abstract

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