Common law jurisdictions such as the US and the UK have been focusing on better and more cost-efficient dispute resolution alternatives to court litigation since the 1970s. This has generated a significant body of legal theory on negotiation, mediation and other forms of alternative dispute resolution (ADR) and an increased rate of out-of-court settlements.

There has also been much development over the last few years of the more classical alternative to the state courts – arbitration. The public has embraced these alternatives to litigation and lawyers have followed. The movement is quickly spreading within continental Europe and Scandinavia.