NCJ Number
154610
Journal
Justitiele Verkenningen (Judicial Explorations) Volume: 21 Issue: 2 Dated: (1995) Pages: 23-40
Date Published
1995
Length
18 pages
Annotation
This article profiles various procedures used in the Netherlands to solve disputes with or without a judge.
Abstract
The debate on the ineffectiveness of litigation in the Netherlands has prompted attorneys to examine alternative dispute resolution (ADR). Although disputes can be resolved through negotiations, arbitration under procedural law, and binding advice as alternatives for litigation, forms of mediation can be useful in resolving conflicts. ADR may not become a treatment for the symptoms of the disease. Procedural law should provide an effective method of dispute resolution. A formal bureaucratic and mostly written procedure does not ameliorate communication between the parties. For that reason recodification of procedural law is necessary. The main reason for parties to start litigation lies in the complexity and ineffectiveness of legislation. Also, the judge has an important role in the legislative process. An issue that must be addressed is whether mediation should occur before the process or during the process. Perhaps the judge can fulfill the role of administrator. 6 references