Chapter

Methods of Resolving Tort Disputes

Peter Cane

in Tort Law and Economic Interests

Published in print May 1991 | ISBN: 9780198252368
Published online March 2012 | e-ISBN: 9780191681370 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252368.003.0007
Methods of Resolving Tort Disputes

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It is a common assumption that adjudication by a formal, state-run court is the paradigm method for resolving legal disputes on economic interests. However, in reality, very few legal disputes are resolved in formal courts. This chapter discusses and examines procedural alternatives to court adjudication. Procedural alternatives discussed herein represent substantive alternatives to tort of law. They are deemed substantive because each of these alternatives need not and may not result from the strict application of the relevant rules of the tort law. The discussion of these procedural alternatives is relevant to the administration of the tort law and the other bodies of law. The discussed alternatives to formal litigation include out-of-court settlement, arbitration, conciliation and mediation, and investigative techniques.

Keywords: adjudication; legal disputes; resolution; procedural alternatives; court adjudication; settlement; arbitration; conciliation; mediation; investigative techniques

Chapter.  19590 words. 

Subjects: Civil Law

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