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K21. Possible reforms and ADR
K21.1. Litigation vs ADR
| 623. | The courts exercise a compulsory jurisdiction over civil disputes. If one party to the dispute validly invokes that jurisdiction by issuing a writ and serving it on the other party, the defendant has no choice but to become involved in the legal process. If he chooses to ignore the writ, he is likely to find himself subject to a default judgment and to the execution of that judgment against himself and his property. |
| 624. | However, the parties to a dispute do not have to invoke the court's jurisdiction. They can seek to resolve their dispute by some other means. Obviously, in some cases, they may be able to achieve a negotiated settlement unassisted by anyone else. Where this is not possible, they can resort to a range of other dispute resolution processes. These are usually referred to generically as "alternative dispute resolution" or "ADR". Generally, however, in contrast to the compulsory jurisdiction of the court, the ADR process requires the disputants' willingness to participate. A party cannot generally force ADR on any other party. |
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