ABSTRACT
In any situation where things go wrong, causing a dispute or conflict between people or organizations, the parties involved may think of turning to the ‘law’ for a remedy or a solution. So if you have bought faulty goods, or want to claim against a motorist who has damaged your car, or are owed money and want to recover the debt, you may wish to take proceedings in the courts against the relevant party. It would be wrong to think only of the courts when considering the settlement of disputes. Some measures of self-help can be very effective. Recent years have seen the advent of forms of alternative dispute resolution, such as mediation and mini-trials. In other instances the parties may prefer the privacy and convenience of arbitration. Sometimes legislation has provided that a forum other than the courts is more appropriate for the settlement of disputes, for example those cases where any rights must be pursued through specialized tribunals. There are also occasions where a dispute reveals no cause of action capable of being pursued through the courts, and in those cases it may be that intervention by an ombudsman may be more appropriate. The scope of these various procedures is considered separately.
