ADR programs can reduce delay in the
resolution of disputes.
Use ADR when:
·Delays are caused by complex formal
procedures.
·Court resources are insufficient to
keep up with case backlog.
Do not use ADR when:
·Official intervention will impose
complex procedures on ADR
programs.
Delays are endemic in most court
systems throughout the world and affect a
number of development objectives. In some
cases, delays are so extreme that they effectively
deny justice, particularly to disadvantaged
groups who may not be able to "grease the
wheels" of the justice system. In other cases,
delays in the resolution of commercial disputes
impair economic development and undermine
the efficiency of the economy. Informal dispute
resolution (mediation and settlement programs),
or simplified procedures for dispute resolution
(arbitration systems), can significantly reduce
dispute resolution delay, and indirectly reduce
court backlog by redirecting cases that would
otherwise go to court.
Reduction of dispute resolution delays
may serve a variety of USAID strategic
objectives outside the rule of law area. For
example, in the Ukraine, support for mediation
centers is founded on the premise that mediation
can serve economic development objectives by
accelerating the resolution of commercial and
labor-management disputes, as well as other
civil disputes arising from the privatization
process. (See Ukraine Case Study.) In South
Africa, quick resolution of labor-management
disputes serves both economic and social equity
objectives.
Many studies of developing country
ADR systems offer evidence that the systems
have been effective in processing cases quickly,
at least relative to traditional court systems. The
Mediation Boards in Sri Lanka resolve 61% of
cases within 30 days and 94% within 90 days,
compared with months or years required by the
court system. Court backlog in Sri Lanka was
reduced by nearly 50% during the six years in
which the Mediation Boards have operated
there, although a direct empirical link has not
been established. One judge in the Ukraine
predicted that 90% of civil court cases could be
successfully mediated, eliminating the backlog
on the civil court dockets. (See Sri Lanka and
Ukraine Case Studies, and Hansen, et al., 1994.)
Studies of programs in China, India, Costa Rica,
and Puerto Rico similarly indicate that ADR