Traditionally in the developed world, in common law and civil law jurisdictions, the dispute resolution service has been provided by the state through the administration of civil justice systems. This has certainly been the case in Ireland and the UK where court proceedings have been the weapon of choice in business disputes.
This is not to say business people have found their weapon of choice to be either efficient or cost effective. On the contrary, the most common complaint received by solicitors from their commercial clients is still that litigation is slow, frustrating and expensive. Such complaints are not necessarily a reflection on the quality of the service provided by the courts, nor indeed on that provided by lawyers, but rather on the systems of administration of civil justice as we know and understand them. These systems are, by definition, incapable of providing the service that business requires, yet litigation continues to be the weapon of choice, despite the availability of effective alternatives.
