Practicing Amicable Means to Settle Public Law Disputes

Abstract

In the modern era, the amicable disputes settlement process, though older than the arbitration system, has gained widespread acceptance within the framework of amicable settlement of disputes arising from contracts concluded under public and private laws. Amicable dispute settlement is one of the mechanisms of the new universal system which seeks to resolve disagreements outside the domestic court and to achieve justice through negotiation, mediation, conciliation and arbitration. This is because of the slow pace of judicial measures and rising number of caseloads as well as increasing costs, especially in developed countries, insofar as amicable methods tend to be more suitable for disputes settlements. Courts are rested with a heavy burden of cases, and this ushered in a new way of using amicable instruments for dispute settlement at the domestic level; especially at a time when knowledge of this system and its advantages is growing. Looking at this issue, we will examine in two sections the characteristics of amicable processes and the grounds that help them be practiced: the first section is concerned with amicable techniques and describes their course of historical development, while the second section investigates the way amicable methods and relevant grounds are justified.