Methods of resolving disputes between individuals or groups without using the State courts

Reference

Alternative dispute resolution - Wikipedia, the free encyclopedia
"Alternative Dispute Resolution (ADR) (also known as external dispute resolution in some countries, such as Australia) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. ADR are ways and methods of resolving disputes outside the judicial process (formal litigation - court). ..."

Articles

NewBarristers and Barriers: Sir Edward Coke and the Regulation of Trade [PDF], by Gary M. Anderson, Robert D. Tollison, Cato Journal, 1993
Examines Coke's impact on the regulation of the legal profession and argues that while he opposed royal grants of monopoly privileges, his efforts tended to enhance monopoly advantages of common law barristers
"... the law merchant ... was a special body of commercial law administered in merchant courts, which had emerged in the Middle Ages, and continued to appeal to many merchant-litigants despite its gradual decline ... This form of law primarily involved judgments by private arbitration. In 1606, Coke ... ruled that the law merchant was actually part of the common law, and that the decisions of merchant courts could be reversed by common law courts. Bruce Benson quotes Leon Trakman, a recent authority on the law merchant, as concluding that as a result 'merchant courts...were abolished, or alternatively, they were integrated into the common law system.'"
Related Topics: Sir Edward Coke, Law, Monopoly

Videos


Exploring Liberty: The Machinery of Freedom, by David D. Friedman, 6 Mar 2012
Prof. Friedman discusses the premises of The Machinery of Freedom

The Machinery Of Freedom: Illustrated summary, by David D. Friedman, Tomasz Kaye (illustrator), 4 Apr 2012
Excellent animated illustration of talk given by David Friedman (shortened)