ABSTRACT

It is clear that the court system, especially because of its formality, rigidity of procedure, slowness and cost, cannot meet the requirements of many who desire a means to arrive at a resolution of their conflicts or disagreements.1 It can be said that this is their misfortune; that if the court system, after its renovation, cannot meet their requirements, they simply have to do their best. They can negotiate and settle their disputes or use one of the private avenues of alternative dispute resolution (ADR) now available-if they can afford it. This latter is not an argument with much appeal. Most who cannot afford the court system cannot afford existing Alternative Dispute Resolution (ADR) arrangements, and to have a large percentage of the population without any means of having their disputes resolved would lead to general disaffection, unlawfulness and an unstable society.