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Akhlaqi M. Alternative Methods of Commercial Dispute Resolution; Legal Explanation and Economic Evaluation. SRQJL 2025; 3 (8) :76-102
URL: http://srqjl.knu.edu.af/article-1-106-en.html

The requirement for priority in referring to non-judicial methods of resolving commercial disputes has become a principle of Modern commercial law, both national and international nowadays. This priority is due to the nature and importance of commercial relations and rules. Commercial affairs are fundamentally based and rely on gaining more profit and avoiding losses. There are a variety of "alternative dispute resolution mechanisms" (ADRMs) in countries from historically and social values. However, it seems that the four alternative methods of negotiation, reconciliation, mediation, and arbitration have a valid position and base in the social and legal systems of Afghanistan and the world. Therefore, social acceptability, legal legitimacy, and economic advantage are justifications that can be cited for this prioritization.
This article aims to explain and analyze these methods of handling commercial disputes outside the judicial system in the country using an analytical descriptive method. The result of the legal and economic perspective on resolving disputes arising from commercial interactions suggests that these methods should be prioritized over judicial proceedings. Therefore, agreements and justifications for employing non-judicial methods, in addition to judicial decentralization, will reduce financial and time costs and increase commercial prosperity and trust for the parties involved and the commercial system.