Conflict Resolution in the Nordic Countries: the Rise of Alternative Dispute Resolution

Abstract

This paper gives a historical overview of the development of conflict resolution, discussing how and why it developed as the way it did in Nordic Countries. More importantly, an explanation will be suggested to the current trend of an increasing use of alternative dispute resolution in the North. The first chapter will be dedicated to the reasons why Denmark, Norway, Sweden and Finland legal systems should be discussed together concerning the development of conflict resolution. Indeed, the Nordic countries belong to the same legal family and share a common Nordic culture due to several historical and sociological reasons. The second chapter will point out the major historical developments related to conflict resolution in the Nordic legal systems: from ancestral conflict resolution methods in the rural North to the rise of state adjudication of justice. Finally, the third chapter will expose the modern trend toward the increasing use of ADR. This development is just the natural outcome of the legal-historical development of conflict resolution in the Nordic countries. The parties seek for more understanding of the procedure and participation in their own legal issue. However, States tend to prevent their citizens to resolve their dispute on their own and most importantly, they are willing to remain the guardian of justice. In order to satisfy the will of their citizens renouncing to the state‟s monopoly over justice, alternative dispute resolution methods have been created next to court proceedings. However, the balance between flexibility and formalization of conflict resolution is difficult to reach, as the analysis of mediation in the Nordic countries will demonstrate