This chapter considers the problem of dispute settlement as a task for regulating contracts that raises distributive issues. It argues that the dominant goal in regulating contractual disputes should be one of promoting contractual settlements of disputes. This goal diminishes the conventional importance attached to the vindication of contractual rights and access to justice in ordinary courts. Instead, the regulatory objective of settlement suggests that the law should aim to support and steer mechanisms that possess the capacity to produce or facilitate a fair resolution of disputes by agreement.
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