ABSTRACT
Although attention tends to be focused on the courts as the forum for resolving confl icts when they arise, the court system is not necessarily the most effective way of deciding disputes, especially those which arise between people, or indeed businesses, which have enjoyed a close relationship. The problem with the court system is that it is essentially an antagonistic process, designed ultimately to determine a winner and a loser in any particular dispute. As a consequence, court procedure tends to emphasise and heighten the degree of confl ict between the parties, rather than seek to produce a compromise solution. For various reasons, considered below, it is not always in the best long term interests of the parties to enter into such hostile relations as are involved in court procedure. In recognition of this fact, a number of alternative procedures to court action have been developed for dealing with such disputes.
