Roman Courts and Private Arbitration

Abstract

Abstract This chapter examines the various methods by which Roman citizens could resolve their disputes both inside and outside of the courts of law. An effort is made to consider the “average” disputant. Only two jurisdictions, the city of Rome and municipia in Italy, are studied in detail. The discussion progresses through mediation, arbitration and adjudication. In addition, attention is given to the impact various factors such as geography, wealth, publicity and privacy might have on the method ultimately selected by the disputants. Methods by which the system could be abused, such as through vexatious litigation, are briefly considered. A brief appendix discusses the use of the terms iudex and arbiter.