AN APPRAISAL OF A RIGHTS-BASED APPROACH TO ALTERNATIVE DISPUTE RESOLUTION

ABSTRACT

The presumption that courts are the principal forum for dispute resolution continues to be eroded because alternative forms of dispute resolution (ADR) continue to proliferate and are increasingly institutionalized. Interestingly, despite these developments, the position of a rights-based approach on two key questions regarding ADR is unclear. These questions are,first, the standards of justice expected of ADR (whether entered into voluntarily or mandatorily) and second, the permissible circumstances in which parties to a dispute can be required to use ADR instead of, or before, accessing courts. The attributes and challenges with ADR have been discussed extensively in socio-legal studies, feminist literature and the dedicated ADR literature. This article seeks to contribute to the growing developments in the field of ADR/PDR by bringing this vast theory on the diversification and institutionalization of ADR towards a rights-based approach.Key words: International Law-Dispute Resolution- Alternative Dispute Resolution-Appropriate Dispute Resolution- Proportionate Dispute Resolution- Rights Based Resolution