Title: Independent and Effective Dispute Resolution: Courts, Arbitration, Conciliation, Mediation

Author: Dr. Andreas Baumgartner, Mr. Mark Beer

Abstract

Dispute resolution plays a vital role in upholding the rule of law, protecting rights, resolving conflicts, and maintaining social order and stability. It is also a major factor in attracting and retaining investment. Yet, as the adage goes, “prevention is better than cure”, ecosystems focused on dispute avoidance rather than just resolution actually create more harmonious societies. Getting both dispute avoidance and resolution right will be an essential success factor for Free Global Cities. After looking at the evolution of dispute resolution over time, this contribution sets out and compares the nature, advantages and challenges of judicial dispute resolution (JDR) versus alternative dispute resolution (ADR), usually including arbitration, conciliation and mediation. It also looks at the International Framework of Court Excellence (IFCE), which could become an important reference point for Free Global Cities. Looking beyond past and present, this contribution presents dispute resolution mega-trends, with not only ADR but also JDR as technology-enhanced customer services. This will have major impact on any future dispute ecosystems that are to be set up, e.g., for Free Global Cities. Finally, potential implications for Free Global Cities are drawn, based both on past and current experiences as well as future trends.

Keywords

Dispute Resolution; Courts; Arbitration; Conciliation; Mediation; Judicial Dispute Resolution; JDR; Alternative Dispute Resolution; ADR; Rule of Law; Dispute Avoidance; International Framework of Court Excellence; IFCE; Dispute Resolution Mega-Trends; Customer Service; Free Global Cities; Free Global City