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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Alternative dispute resolution and its place in the Zambian judicial system
Author:Young, Amelia Pio
Year:2000
Periodical:Zambia Law Journal (ISSN 1027-7862)
Volume:32
Pages:73-139
Language:English
Notes:biblio. refs.
Geographic terms:Zambia
Central Africa
Subjects:conflict resolution
arbitration
law
Law reform
Justice, Administration of
Conflict management
Abstract:Although alternative dispute resolution (ADR) has its critics, particularly with respect to its claim to be a solution for problems of court congestion and delays in the delivery of justice, the impetus of the global ADR drive is gaining ground. In Zambia, the introduction of mediation in the judicial system in 1997, the introduction in 1999 of the Commercial List with its statutory provisions in respect of mediation, and the new Arbitration Act based on the Uncitral (United Nations Commission on International Trade Law) Model Law on International and Commercial Arbitration, suggest that in Zambia alternative dispute resolution is not only possible, but inevitable. The author introduces the concept of ADR and the different categories of ADR mechanisms: arbitration, mediation, conciliation, negotiation, neutral fact-finding, structured settlement conferences, private or special judging, 'med-arb', mini-trials and executive tribunals. She discusses the practice and theoretical underpinnings of ADR and explains which factors are relevant to the lawyer in selecting the most effective dispute settlement mechanism. She outlines the international development of ADR, its historical development in Zambia and its current status, and makes recommendations for the institutional and legal framework, education and training of personnel, and funding required to best integrate ADR in the Zambian judicial system. Notes, ref., sum.