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Paradigms of alternative dispute resolution and justice delivery in Zambia

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dc.contributor.advisor Thomashausen, André en Mwenda, Winnie Sithole en 2009-08-25T11:01:01Z 2009-08-25T11:01:01Z 2009-08-25T11:01:01Z 2006-11 en
dc.identifier.citation Mwenda, Winnie Sithole (2009) Paradigms of alternative dispute resolution and justice delivery in Zambia, University of South Africa, Pretoria, <> en
dc.description.abstract Alternative Dispute Resolution was developed as an alternative to the traditional dispute resolution mechanism, litigation, which had become costly, time-consuming, did not give the parties control over the outcome of their disputes and was generally cumbersome. ADR refers to a variety of techniques for resolving disputes without resort to litigation in the courts. The concept behind the introduction of ADR methods was, inter alia, to reduce the delays and costs associated with litigation; to introduce relatively less formal methods of dispute resolution; to introduce consensual problem solving and empower individuals by enabling them to control the outcome of their dispute and develop dispute resolution mechanisms that would preserve personal and business relationships. ADR processes were thus intended to produce better outcomes all round. From the time ADR appeared on the scene, its usage has gained international recognition with both common law and civil law countries following the trend. Being faced with similar problems associated with litigation, Zambia has followed the trend and adopted some ADR mechanisms. Most commonly used ADR mechanisms in Zambia are mediation/conciliation, arbitration and negotiation. The legal and institutional frameworks for ADR in Zambia are firmly in place. It is thus, not far fetched to predict a successful future for ADR in which it will enjoy the support of the major stakeholders and play a vital role in justice delivery in Zambia. This thesis has a section on the conceptual framework for ADR and discusses the development of ADR internationally and some processes in use. It examines selected institutions of justice delivery in Zambia with a view to evaluating their operations and contribution to justice delivery in Zambia. It traces the development of institutions of justice delivery in Zambia from colonial times up to the present and assesses their performance. ADR processes currently in use in Zambia are critically examined and their shortcomings reviewed. The legal and institutional frameworks for ADR and the role they play of providing the supporting structure for ADR in the country are evaluated. Future prospects for ADR are indicated and recommendations for successful implementation of ADR in Zambia are given. en
dc.language.iso en en
dc.subject Alternative dispute resolution en
dc.subject Development en
dc.subject Evaluation of Performance of alternative dispute resolution en
dc.subject Conceptual framework en
dc.subject Institutions of justice delivery en
dc.subject Formal en
dc.subject Informal en
dc.subject Judicial system en
dc.subject Courts en
dc.subject Alternative dispute resolution methods en
dc.subject Legal/Institutional frameworks en
dc.subject Zambia en
dc.subject.ddc 347.906894
dc.subject.lcsh Dispute resolution (Law) -- Zambia
dc.subject.lcsh Arbitration and award -- Zambia
dc.subject.lcsh Negotiation -- Zambia
dc.subject.lcsh Mediation -- Zambia
dc.subject.lcsh Justice, Administration of -- Zambia
dc.title Paradigms of alternative dispute resolution and justice delivery in Zambia en
dc.type Thesis en
dc.description.department Jurisprudence en LL.D. en

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