Alternative dispute resolution methods. A vision of access to justice

Abstract

Access to justice is a human right that all people have so that their conflicts are resolved in accordance with what is established by legal standards. Traditionally, the function of administering and dispensing justice has fallen to the jurisdictional courts. Through recent constitutional reforms, alternative dispute resolution methods have been incorporated that aim to resolve a conflict amicably. The objective of the present investigation will be to try to show that there are currently alternative conflict resolution options, different from those provided by the jurisdictional courts in a heterocompositional manner that the law says, but that from the perspective of the contending parties are far from be fair. The methodology applied is qualitative in that it attempts to explain a phenomenon of social interactions. As an option, people have the opportunity and the human right to resolve their conflicts away from jurisdictional authority.