Alternative Dispute Resolution in Hungary and in Spain. Are Conflicts Expensive for Us?

Abstract

The warnings of encouraging litigation seem to have fallen into deaf ears, as the number of incoming cases to courts are still on the rise. Nonetheless, to address disputes, there are also increasing numbers of mediation cases. This study compares alternative dispute resolutions in two different national contexts and reviews the possible advantages of this method in conflict management. Our study is intended to review if context can help explain the increasing popularity of alternative dispute resolutions? We examine the status of mediation, as an alternative dispute resolution procedure, in both Hungary and Spain, to compare this alternative to the court proceedings filed annually. The study addresses the question of whether mediation reflects a more economic driven mentality, and what the drivers for this type of resolution are. We also examine the cost to the parties involved in conflicts who choose mediation in both Hungary and Spain. The way conflict is resolved can vary, however acting on a basis of mutual trust in conflict resolution management method, helps to obtain a fairer resolution to the dispute and this can be systematically facilitated. This form of conflict management can also help enable the parties to take responsibility for themselves in resolving their disputes.