THE LAW AND ITS CHANGES: ADR –CHANGE IN THE LAW Cover Image

ПРАВО И ПРОМЕНЕ: ADR – ПРОМЕНА У ПРАВУ
THE LAW AND ITS CHANGES: ADR –CHANGE IN THE LAW

Author(s): Gašo Knežević
Subject(s): Law, Constitution, Jurisprudence, Methodology and research technology
Published by: Правни факултет Универзитета у Београду
Keywords: System of legal redress; Self-evaluation and external evaluation of the system; Classification of the ADR; Educational egocentrism; Courts v. alternatives; Pros and cons; traditionalism;

Summary/Abstract: ‘Legal redress’, a bundle of organizational, substantive and procedural norms designed to resolve conflicts, protect those who have been wronged or those whose rights have been endangered, has been lagging behind in our country for decades. The only way to overcome this kind of problem was given through court protection, through classical court proceedings, civil administrative, constitutive or criminal, while other countries gradually introduced alternative methods. Negative perception of system of legal redress has taken a hold among general public and this influences a more relaxed approach of the state with regard to ‘alternative’ and introduction in the legal system of, what has been known under a single notion of ‘alternative dispute resolution’ –ADR. Through the use of legal, but also of socio-psychological methods, this article attempts to prove that judicial way resolving disputes is not neither the primary, nor the best, the smartest, the most secure and the most efficient method.

  • Issue Year: 54/2006
  • Issue No: 2
  • Page Range: 122-150
  • Page Count: 29
  • Language: Serbian