I can see where private dispute resolution agreements like this could work for civil disputes when both parties have agreed in advance to the process, but I am having difficulty seeing the application in situations involving criminal activity.technovelist wrote: ↑Mon Aug 31, 2020 11:07 amThere would be common law, made and interpreted by judges (obviously private ones).
But the most common solution to dispute resolution would be something very like the "General Submission to Arbitration": https://www.facebook.com/GeneralArbitrationSubmission
For example, if someone tried to unexpectedly take or occupy my private real property, I don't see where I would have a claim on my title insurance policy. My right of title is intact and the policy has not been violated in terms of chain. In other words, I have no claim against my title company. However my right to possession has been infringed (in violation of the hypothetical common law?). So how do I resolve that situation, especially since it requires some level of urgency.
Title insurance policies insure against title claims, but not the full scope of property rights and property liability claims.
And what if the infringing party has refused to sign a ADR agreement?
Who creates and/or amends the common law?
Who pays for the private judges?
How would this be applied in the event of a violent crime?