Chapter Nine. The Role Of The Session In Dispute Resolution

Abstract

In this chapter the records of College of Justice from around 1532 is examined in order to illuminate the broader picture of dispute settlement in the early sixteenth century. The chapter examines private justice in the context of the administration of public justice. The degree of integration between public and private justice is demonstrated in the chapter through examining the way that Lords of Council and Session, as well as administering the common law, were also frequently approached using the modes of private justice, particularly when parties wished to submit to arbitration. Litigation, arbitration, mediation and feud were all means of bringing about settlement of a dispute or at least a resolution in some form. Dr Wormald's work has demonstrated the compatibility between public and private justice in large part.Keywords: arbitration; dispute resolution; litigation; private justice; session