HARMONIZATION IN ENHANCING THE EFFECTIVENESS OF ALTERNATIVE DISPUTE RESOLUTION IN COMMON LAW AND CIVIL LAW COUNTRIES

Abstrak

Alternative Dispute Resolution (ADR) has become an increasingly popular choice in various countries as a response to the challenges faced in traditional litigation systems. Although ADR offers several advantages, such as time and cost efficiency, fundamental differences between common law and civil law systems can affect the effectiveness of these practices. This article aims to analyze how the harmonization of ADR practices in countries with different legal systems can enhance the effectiveness of dispute resolution. Through a comparative analysis approach, this research explores the legal frameworks, methods, and challenges encountered in the implementation of ADR in both legal systems. The findings indicate that despite the differences in approaches and regulations regarding ADR, there are significant opportunities to create more harmonious practices through collaboration among legal practitioners, academics, and policy makers. The recommendations arising from this research include the need for training for mediators and arbitrators, increasing public awareness of the benefits of ADR, and developing joint guidelines that can be applied in both legal systems. Thus, harmonization in ADR practices is expected to result in fairer, more efficient, and effective dispute resolutions, as well as contribute positively to the legal system as a whole.