Alternate Dispute Resolution

Abstract

Conflict is an inevitable facet of international relations. As much as the nations of the world work harmoniously in order to achieve their mutual interest, they also disagree as they strive to protect and preserve their individual national interests. Where conflict is inevitable and is part of the daily, where disagreement among the member states of the international system is bound to happen, some mechanisms have been put in place to resolve these conflicts and disagreements among nations. In the 21st century, many conflicts nowadays are being solved through ADR. Alternate Dispute Resolution (ADR) is a form of agreement. In the international context, Alternative Dispute Resolution is something of a misnomer as leads to the question ‘ alternative to what?’ In the domestic context, national courts provide a generally acceptable means of resolving disputes upon the parties agreeing on some alternative means. But, in many international disputes, resort to national courts is not possible due to the absence of consent of parties. At least one party will always view it as the most undesirable option where it is possible without consent as each party here is inclined towards serving their national interests first. Thus, the only formal medium of dispute resolution that finds broad acceptance in the international context without any resurgence is created by agreement of the parties.