Settlement of Disputes

The legal system provides a necessary structure for the resolution of many disputes. However, some disputants will not reach agreement through a collaborative processes.

The most common form of judicial dispute resolution is litigation. Litigation is initiated when one party files suit against another.

Some use the term dispute resolution to refer only to alternative dispute resolution (ADR), that is, extrajudicial processes such as arbitration, collaborative law, and mediation used to resolve conflict and potential conflict between and among individuals, business entities, governmental agencies, and (in the public international law context) states.

ADR generally depends on agreement by the parties to use ADR processes, either before or after a dispute has arisen. ADR has experienced steadily increasing acceptance and utilization because of a perception of greater flexibility, costs below those of traditional litigation, and speedy resolution of disputes, among other perceived advantages. However, some have criticized these methods as taking away the right to seek redress of grievances in the courts, suggesting that extrajudicial dispute resolution may not offer the fairest way for parties not in an equal bargaining relationship, for example in a dispute between a consumer and a large corporation. In addition, in some circumstances, arbitration and other ADR processes may become as expensive as litigation or more so.

Iran Iran we do see a growing tendency to seek redress in agreeing on arbitration procedures and most contracts do include such a clause as the “dispute settlement clause”.