The inefficies of the dispute settlement systems in Zambia: Alternative dispute resolution, as a supplement to litigation
Date
2013-10-16
Authors
Mulenga, Mutale Sylvia
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Abstract
As a result of development and growth of International and domestic trade over the years, there has been a large number of disputes. This is because of the interaction that exists between people or entities. The traditional legal response to settle these disputes has been for a lawyer of one of the parties to initiate or lodge a complaint in court. The litigation process has therefore been the major forum for settling disputes. This is so, notwithstanding, the fact that for as far back as 70 years ago, Zambia has had in her statute books, other arena for dispute settlement. However, the litigation process has been criticized as being inefficient and ineffective, hence the business community is increasingly demanding for a quicker and cheaper method of resolving disputes .It is this outcry that has spearheaded the need to popularization and sensitization of Arbitration and Alternative Dispute Resolution mechanisms (thereinafter called ADR) as alternative means of resolving disputes.This essay recognizes, Adjudication, which is the traditional legal system of settling disputes. It has also identified the use of ADR in the Zambian system. The paper therefore endeavors to make an imperative study of the adjudicative system and the methods that have been adapted to supplement and not compete with it, so as to improve the overall dispute settlement systems that have been placed in this country.The first chapter will basically introduce the reader to the Adjudicative process, by giving an overview of the Judiciary in Zambia. It will further discuss the way in which this
branch of the Government has been administered, because administration has an impact on the delivery of justice. This chapter will be the basis of all the proceeding chapters.The second chapter will look at the alternative methods of resolving disputes and their evolution .It will also look at the reasons for adoption of these alternatives.The third chapter will consider broadly Alternative Dispute Resolution, ADR, giving the various types in which it exists, the key elements or characteristic features in which its advantages lie. The last part of this chapter will critically analyze ADR vis a vis, the extent to which it has been implemented and utilized.Chapter four is the final chapter, which will contain the conclusion and recommendations based on the research.
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Conflict Management , Mediation-Zambia , Arbitration and settlement of Disputes