ABSTRACT

Civic legislation is the foundation of Western ADR. Following the evolution of Western law as a separate branch of ethics not directly resting on religious jurisprudence, Western ADR followed pretty much the same path. Law professor Stephen Subrin called ADR a new ideology of civil litigation. The similarity between venting in Sulha and in Western ADR is in that both approaches see this phenomenon under certain conditions as a potentially useful path maker on the road to reconciliation because it helps the disputants get beyond the immediate grief, anger, sense of victimization and frustration and helps them agree to give reconciliation a chance. The Sulha, in most instances, aims at providing a solution that is more similar to the broad' definitions of Western-style mediation, in that the disputants are seen as striving for full-fledged reconciliation and termination of the state of conflict. With Sulha, Musalaha is a core principle, so much so that Sulha is sometimes called Musalaha.