Identify mechanisms (particularly innovative ones) for helping businesses to effectively resolve commercial disputes in developing countries.
Dispute resolution mechanisms can be arranged in a continuum. At one end are processes like which are formal, inflexible, and adversarial, and which depend on neutral third parties to decide the outcome of the process, such as litigation in court, where the outcome is decided by a judge. At the other end are increasingly informal, flexible, and consensual processes such as mediation and negotiation. In these processes, the parties involved in the dispute have greater control over the proceedings and the neutral party, if there is one, supports the process but does not decide the outcome. The most commonly used Alternative dispute resolution (ADR) processes are arbitration and mediation.
Lucas, B. Alternative dispute resolution for businesses in developing countries (GSDRC Helpdesk Research Report 1148). Governance and Social Development Resource Centre, University of Birmingham, Birmingham, UK (2014) 12 pp.