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The Golden Age of Arbitration - Dispute Resolution Under Elizabeth I
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The Golden Age of Arbitration - Dispute Resolution Under Elizabeth I
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Elizabeth I consciously and determinedly provided a Government
mediation and arbitration scheme. A wealth of primary sources show
that she had a special concern for women, the poor and anyone
disadvantaged by the costs and delays of the law. Her Privy Council
arranged arbitrations with no fees and with free legal aid for
those who needed it. The archives are voluminous, not only in the
Acts of the Privy Council but in the National Archives and local
collections. Her arbitration scheme dominates this book, but the
background was private arbitration, arranged by the parties. In
Elizabethan England arbitration was the ordinary way to settle a
dispute the parties could not end themselves. Each side chose one
or more arbitrators and that even number would try to mediate a
settlement. If they failed, they would at least try to get the
parties to agree on whom they would appoint to decide for them. The
arbitrators include well-known personalities: Cecil and Walsingham,
Raleigh and Hawkins, Coke and Bacon. Women are shown participating
at all levels, as claimants and defendants, in matters of title to
land, commerce and all kinds of family squabbles. They could even
act as arbitrator or mediator. Elizabeth I herself did both. Many
of the disputes were between foreign merchants and some were
submitted to their arbitration. What law there was on arbitration,
as the courts developed it over the 45 years of the reign, had
little impact on practice. But the most important revelation is the
Queen's concern for the poor: 'If the phrases "legal aid" and even
"welfare state" had been coined by then, it may be unwise to assume
that Elizabeth I's Government would have used them as terms of
abuse.'
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