Compulsory Alternative Dispute Resolution

The Right to litigate has been recognized and ensured with different literature in International documents and constitutions of most of countries which have written constitution. Article 34 of constitution of the Islamic Republic of Iran has emphasized on this right and article 159 of constitution has ordered that official body for resolving disputes is judiciary. Although there are no discussions about posibility of using voluntary resolving disputes in non-judicial way from perspective of public law, but there is serious doubt about using that mechanisms in criminal cases and some of administrative cases because of reason related to violation of public order and public interests. Considering current problems of judicial system of Iran such as increasing volume of cases and long processing time, it seems that we can provide conditions of relative decline in volume of cases and enhance the quality of performance of judiciary by using non-judicial mechanisms of settlement of some of cases.