Dispute Resolution Essay

CHAPTER ONE
AN INTRODUCTORY CHAPTER
Controversies are as old as humankind. Consequently, dispute resolutions are only slightly more recent in the history of human controversies, whether the parties directly reached these dispute resolutions by themselves using peaceful negotiation, violence, or assistance from a third party. There is no need for further comments on the history of dispute resolutions, which is an interesting topic for anthropologists and historians to study, but not suited for the purpose of this dissertation.
As in any law-abiding country, the court system has been considered the strongest, most efficient, and best organized system to perform legal dispute resolutions to protect and defend peoples' and entities' rights. The

Unlike the U.S., with its comprehensive history of using ADR forms, to the extent that alternative dispute resolution is now known as "appropriate" dispute resolution, this practice is still in its early stages in Kuwait. However, the growth in Kuwait's economy, population, and the complexity of transactions has led people to focus attention on creating new tools to settle disputes.
In the following sections, I will discuss the modern movement of ADR as a tool to settle or resolve disputes between disputants instead of formal litigation in both the U.S. and Kuwait, and review the relevant

Most scholarly work on the subject was mere theoretical discourse without any grounds for applying it. The "Big Bang" event that influenced the modern ADR movement in the U.S. happened at the 1976 Pound Conference, where jurists, judges, and lawyers met in St. Paul, Minnesota from April 7 to April 9, 1976, and expressed their concern about increasing expenses and delays for parties in a crowded justice system. At the opening session on "The Business of the Courts," a Harvard Law Professor, Frank E.A. Sander, who is considered ADR's "Godfather," delivered a speech entitled "Varieties of Dispute Proceeding." Professor Sander described his vision of the real movement of ADR in "The Multi-Door Courthouse." Sander argued that not all cases should proceed into courthouses through a single doorway that leads to litigation proceedings. Indeed, he thought that each court should create multi-doors other than litigation to refer cases to a variety of processes such as mediation, arbitration, conciliation, fact finder, and other methods, depending on the nature of each