The Three Pursuits of Dispute Settlement

CZECH (& CENTRAL EUROPEAN) YEARBOOK OF ARBITRATION, Vol. 1, p. 227, 2010

18 Pages Posted: 10 Apr 2011

See all articles by Thomas Schultz

Thomas Schultz

King's College London; University of Geneva

Date Written: December 8, 2010

Abstract

What is dispute settlement? What should we expect or ask from a dispute resolution mechanism? To what extent and with what consequences can we buy dispute resolution, privatise it and remove it from society’s purview? Should arbitration be seen as a mechanism that merely does away with disputes, or rather as an instrument of governance? These are some of the principal questions on which this essay seeks to provide some basic structuring reflections. To this effect, the essay envisions three functions that dispute settlement may pursue: the individualised and isolated maximisation of the parties’ satisfaction; the sustainment of the rule of law and of predictability; and the enforcement of substantive societal values.

Keywords: role of dispute resolution, arbitration, mediation, negotiation, settlement, rule of law, justice, satisfaction of the parties, Owen Fiss

Suggested Citation

Schultz, Thomas, The Three Pursuits of Dispute Settlement (December 8, 2010). CZECH (& CENTRAL EUROPEAN) YEARBOOK OF ARBITRATION, Vol. 1, p. 227, 2010. Available at SSRN: https://ssrn.com/abstract=1805738

Thomas Schultz (Contact Author)

King's College London ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

University of Geneva ( email )

102 Bd Carl-Vogt
Genève, CH - 1205
Switzerland

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