Publication: Alternative Dispute Resolution and the Rule of Law in International Development Cooperation
Date
2010-01
ISSN
Published
2010-01
Author(s)
Michel, James
Abstract
The role of alternative dispute
resolution (ADR) in efforts to strengthen the rule of law is
attracting increased interest in international development
cooperation. From a development perspective, the principal
interest in this question is a concern for expanding rights
and opportunities for poor people who do not fully benefit
from the protection of the law in their daily lives. Other
interests in ADR, such as in commercial arbitration and
court-annexed mediation in civil litigation, also have
important positive implications for development.
Facilitating commerce and expediting the disposition of
lawsuits are valuable services and worthwhile undertakings.
However, the principal focus for development is on the
non-formal processes intended to expand access to justice.
These include statutory schemes, such as the barangay
justice system in the Philippines; state-sponsored mediation
centers, such as those of the Procurador General in El
Salvador; traditional systems that provide the vast majority
of dispute-resolution services in many African countries;
and systems of mediation and conciliation operated by public
and private entities throughout the world. This paper
briefly reviews the concept of development and related
international cooperation. It then examines how the rule of
law has been addressed in development programs and offers
some thoughts about the contribution of ADR for advancing
the rule of law and, in turn, contributing to human
security, well being, and dignity.
Link to Data Set
Citation
“Michel, James. 2010. Alternative Dispute Resolution and the Rule of Law in International Development Cooperation. Justice and development working paper series;no. 12. © World Bank, Washington, DC. http://hdl.handle.net/10986/18106 License: CC BY 3.0 IGO.”