ALTERNATIVE DISPUTE RESOLUTION – PROPOSED FERENDA LAW
ALTERNATIVE DISPUTE RESOLUTION – PROPOSED FERENDA LAW

Summary/Abstract: For the relief of the courts, for the speed of a trial in court, but also for the saving of material and time resources of the parties involved, alternative dispute resolution through mediation is not only the effective and correct solution at present. It is well known that the overcrowding of the courts affects the entire judicial system, that seemingly trivial disputes are delayed because of slowness and cumbersome procedures, that court decisions come after repeated deadlines and hearings, in which the litigant wastes money, time, and nerves, and that the result is not always satisfactory. The need for alternative solutions (e.g., mediation, arbitration, and conciliation) is becoming increasingly evident, but for this to happen, there must be a legislative framework to facilitate access to them for litigants. In order to improve the existing legislation, we propose some amendments and additions to two important laws that provide for alternative solutions to resolve conflicts or disputes, as the case may be, before going to court or trial.

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