ABSTRACT
Ideas for the development and appraisal of dispute resolution mechanisms can be stimulated by reviewing the nature of the mechanisms used in different social sectors, albeit that one could never expect to ‘translate’ an institution or mechanism in its exact form to a new context. This is also true of comparative studies at a national level. However, the provisos academics are fond of making about the uniqueness of social and cultural context, should not be stretched too far. Many of the legal systems around the world, the common law a prime example, owe their origins to just such attempts at direct ‘translation’. Similarly our use of the ‘Ombudsman’ is an outgrowth from another country’s language and dispute resolution mechanism (Sweden). And much of the ADR movement owes its roots to developments in the United States. Finally, there are sectors of dispute, such as international politics or international business disputes, which are intrinsically global or international in character, which in turn impacts on the design of commercial arbitration or other dispute resolution systems. In this part of the handbook, we examine some examples of developments in Europe, North America, Australia and China, not in an attempt at comprehensiveness, but in an attempt to give a flavour of the influence of national situation on dispute resolution efforts.
