Essay about How Societies Manage Disputes

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Law is one method of resolving disputes when, as is inevitable, they emerge. All societies have mechanisms for dealing with such problems, but the forms of dispute resolution tend to differ from society to society. In small scale societies, based on mutual co-operation and interdependency, the means of solving disputes tend to be informal and focus on the need for mutual concessions and compromise to maintain social stability. In some such societies, the whole of the social group may become involved in settling a problem, whereas in others, particular individuals may be recognized as intermediaries, whose function it is to act as a go-between to bring the parties to a mutually recognized solution. The common factor remains
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It can be argued that arbitration represents a privatization of the judicial process. It may be assumed, therefore, that of all its virtues, perhaps the greatest, at least as far as the government is concerned, is the potential reduction in costs for the State in providing the legal framework within which disputes are resolved.

Advantages of tribunals over courts relate to such matters as:

- Speed The ordinary court system is notoriously dilatory in hearing and deciding cases. Tribunals are much quicker to hear cases. A related advantage of the tribunal system is the certainty that it will be heard on a specific date and not subject to the vagaries of the court system. This being said, there have been reports that the tribunal system is coming under increased pressure and is falling behind in relation to its caseload. Thus, in 1993, in relation to the employment tribunal, Feaser Youlson, the Vice Chair of the Employment Lawyers Association, complained that cases which had previously taken three to five months to be heard could now take over 18 months.
- Cost Tribunals are a much cheaper way of deciding cases than using the ordinary court system. One factor that leads to a reduction in cost is the fact that no specialized court building is required to hear the cases. Also, the fact that those deciding the cases are less expensive to employ than judges, together with the fact that complainants do
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