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Journal articles on the topic 'Alternative Dispute Resolution (ADR)'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Ramteke, Nandkishor K. "Challenges before ADR (Alternative Dispute Resolution) Mechanism in India." RESEARCH REVIEW International Journal of Multidisciplinary 05, no. 02 (2020): 01–03. https://doi.org/10.5281/zenodo.3786882.

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Alternative Dispute Resolution is a generic term used to describe a range of procedures designed to provide ways to resolving a dispute as an alternative to court procedures. This paper discussed various modes of ADR mechanisms exist in India for resolving disputes outside the courts. Arbitration, conciliation, mediation and Lok Adalat technique of Alternative Disputes Resolution has been used by many countries for effective disputes resolution. This paper highlights the reasons behind introduction of ADR mechanism and laws relating to settlement of dispute in India. This paper also highlights

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Yadav, Prabin Kumar. "Alternative Dispute Resolution (ADR) in Nepal: Legal Framework, and Practices." A Bi-annual South Asian Journal of Research & Innovation 11, no. 1-2 (2024): 58–66. https://doi.org/10.3126/jori.v11i1-2.77855.

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In Nepal, dispute resolution has typically depended on a mix of traditional methods and modern legal structures. Alternative dispute resolution (ADR) techniques, including negotiation, arbitration, conciliation, and mediation, have grown in importance throughout time alongside traditional court proceedings, providing parties with more effective and flexible options for resolving disputes outside of the courtroom. Panchayats and Panchalis, two community-based systems, served as the foundation for Nepal’s conflict resolution procedures in the past. However, ADR has developed into a more organise

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Broadbent, Nigel. "Alternative Dispute Resolution." Legal Information Management 9, no. 3 (2009): 195–98. http://dx.doi.org/10.1017/s1472669609990326.

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AbstractFollowing the enactment of the Civil Procedure Rules in 1999, potential litigants are expected to pursue alternative means to litigation for solving their disputes. In this article, Nigel Broadbent a Director at Lupton Fawcett LLP in Leeds clearly explains the various activities which fall within ADR, including mediation, family dispute resolution, arbitration, conciliation and adjudication.

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Ojo, Samuel Olugbenga. "Alternative Dispute Resolution (ADR): A Suitable Broad Based Dispute Resolution Model in Nigeria; Challenges and Prospects." International Journal of Conflict Management 4, no. 1 (2023): 50–62. http://dx.doi.org/10.47941/ijcm.1253.

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Purpose: Due to the flaws in the traditional judicial system, the use of Alternative Dispute Resolution (ADR) methods is gaining popularity among scholars and lawyers around the world. Most scholarly articles have examined the inherent advantages of Alternative Dispute Resolution (ADR) techniques over the traditional judicial processes for resolving different types of conflict. Despite the increasing frequency and classification of conflicts in Nigeria, little research has been conducted on the reasons for, and barriers to, disputants' use of alternative dispute resolution (ADR) systems as via

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Asis, Larasati Fitriani. "ALTERNATIVE DISPUTE RESOLUTION (ADR) BERBASIS AL-QUR’AN." TARUNALAW : Journal of Law and Syariah 2, no. 01 (2024): 107–18. http://dx.doi.org/10.54298/tarunalaw.v2i01.182.

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Abstract Dispute resolution is an integral part of the legal system which functions to maintain peace and justice in society. One alternative approach that is gaining increasing attention is Alternative Dispute Resolution (ADR). This article aims to present an Alternative Dispute Resolution (APS) based on the Al-Qur’an. The research method used is a literature study, by reviewing the text of the Al-Qur'an and literature related to Alternative Dispute Resolution (APS) and Islamic law. The research results show that Al-Qur'an-based dispute resolution can be a valuable alternative in the modern c

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Thapa, Bindakumari. "Alternative Dispute Resolution (ADR): A Theoretical Framework in context of Nepal." Samsad Journal संसद जर्नल 2, no. 1 (2025): 91–116. https://doi.org/10.3126/sj.v2i1.79830.

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Conflict is an inevitable facet of human interaction, permeating various facets of society, from interpersonal relationships to complex business transactions. Traditional litigation processes, often associated with protracted timelines and exorbitant costs, May not always serve as the most efficient or satisfactory means of dispute resolution. This article examines into the realm of Alternative Dispute Resolution (ADR) as a pragmatic and increasingly popular approach to resolving conflicts. The literal meaning of ADR is the use of methods of mediation or an arbitration along with other alterna

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Divya, Anand. "THE USE OF AI IN ALTERNATIVE DISPUTE RESOLUTION IN INDIA." Indian Journal of Law and Society II, no. 4 (2024): 41–54. https://doi.org/10.5281/zenodo.13356938.

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<strong>ABSTRACT</strong> <em>The article discusses the increasing digital usage in the legal industry, particularly in the context of Alternative Dispute Resolution (ADR). As human errors and disputes increase, the filing of cases has become a burden on judges. The article suggests that AI can be used in ADR to provide a quick solution to petty cases. The article also discusses the impact of new AI regulations on ADR, as it is already using AI in ADR and will continue to do so in the future. The article also explores the evolving landscape of dispute resolution in India, focusing on the integ

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Vačoková, Lenka. "Alternative dispute resolution (ADR) for consumer disputes in the Slovak republic." Studia Commercialia Bratislavensia 13, no. 45 (2020): 264–75. http://dx.doi.org/10.2478/stcb-2020-0011.

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Abstract This paper aims to analyse alternative dispute resolution (ADR) for consumer disputes in the Slovak Republic according to Act No. 391/2015 Coll. on consumer alternative dispute resolution as amended. Through this act Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) has been transposed into Slovak law. Author of the paper used scientific methods of analysis, comparison, deduction, induction and synthesis.

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Respati, H. Radea, and Asep Sapsudin. "What Is The Process Of Resolving Disputes In International Business Law?" Al-Adalah: Jurnal Hukum dan Politik Islam 9, no. 1 (2024): 94–109. http://dx.doi.org/10.30863/ajmpi.v9i1.6030.

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The complex global business landscape often creates conflict between entities, highlighting the need for efficient dispute-resolution mechanisms. Increased competition between countries can result in disputes that require immediate attention and require careful consideration of the structure of international and national communities. The importance of dispute resolution mechanisms is visible in the complexity of international business activities. This research aims to deepen a more essential understanding of alternative dispute resolution mechanisms in international business law. This objectiv

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Abdul Hamid, Nor’Adha, Mohamad Hafifi Hassim, Norazla Ab Wahab, Tuan Nurhafiza Raja Abdul Aziz, Roslinda Ramli, and Siti Noor Ahmad. "ALTERNATIVE DISPUTE RESOLUTION (ADR) VIA SULH PROCESSES." International Journal of Law, Government and Communication 4, no. 17 (2019): 25–33. http://dx.doi.org/10.35631/ijlgc.417003.

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Islam is sent by Allah S.W.T through His messenger, our beloved prophet Muhammad S.A.W and is seen as a complete and perfect religion to answer all of the problems faced by humankind on this earth. Its integrated and natural system can be implemented anywhere, anytime and in all situations. All of its rules and regulations are not against the natural norms and dispositions of humans. It is sent solely for the assurance in forming a harmonious life, free of quarrels and arguments that can cause chaos in the lives of humans. In our daily lives, we cannot help but face various difficulties, probl

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Gamage, Amila N. K. K., and Suresh Kumar. "Review of Alternative Dispute Resolution Methods in Construction Projects." Saudi Journal of Engineering and Technology 9, no. 02 (2024): 75–87. http://dx.doi.org/10.36348/sjet.2024.v09i02.007.

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Disputes are common in construction projects due to their dynamic and complex nature. If project leaders ignore finding resolution quickly, these disputes can impact negatively on project performance. Therefore, effective dispute resolution is important for successful project performance and closure as well. This paper comprehensively explores the use of Alternative Dispute Resolution (ADR) techniques for construction disputes focusing on negotiation, mediation, arbitration, expert determination, and adjudication. The study investigates the effectiveness and applications of each ADR method, em

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Paulaen, Philip Pandapotan, and Sabela Gayo. "The Use of Mediation as Alternative Capital Market Dispute Resolution." International Journal of Research and Review 10, no. 3 (2023): 227–35. http://dx.doi.org/10.52403/ijrr.20230325.

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The activities of capital market players in the case of securities transactions usually lead to a dispute involving vendors or service providers, agreements, and contracts related to investment, one of the dispute resolution institutions or differences of opinion in the capital market through the procedures agreed by the parties is BAPMI. The role and responsibility of the arbitrator, mediator, and adjudicator in the settlement of disputes in the capital market, the form of dispute resolution conducted by the arbitrator, mediator, and adjudicator in Alternative Dispute Resolution (ADR) outside

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Vladimirovich, Minbaleev, and Evsikov Sergeevich. "Alternative dispute resolution in digital government." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 4, no. 7 (2022): 119–46. http://dx.doi.org/10.52028/rbadr.v4i7.8.

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A significant number of people around the world have difficulties with access to justice, and most of the legal conflicts do not reach the consideration by public authorities. Nowadays e-justice and law tech are removing some barriers. The workload in the courts has increased all over the world. The problem of “not everyone can go to the court” turns into a problem of “not everyone will receive a quality service in the court”. The solution can be Digital Dispute Resolution (DDR) as an alternative dispute resolution (ADR) option. The analysis of ADRs in different countries showed that most stat

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Moosa, Fareed. "A Taxpayer's Right to Fair Alternative Dispute Resolution." Journal for Juridical Science 49, no. 2 (2024): 69–100. https://doi.org/10.38140/jjs.v49i2.8747.

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By GG 48188, dated 10 March 2023, the Minister of Finance (hereafter, the Minister) repealed the rules published in GG 37819, dated 11 July 2014 (hereafter, the old rules). In accordance with sec. 103 of the Tax Administration Act 28 of 2011 (hereafter, the TAA), the Minister published 68 new rules (hereafter, the new rules) which came into immediate effect. They delineate procedures for the efficient resolution of disputes occurring within the framework of secs. 101 to 150 of the TAA. Rules 13 to 25 deal with alternative dispute resolution (hereafter, ADR), a voluntary process undertaken on a

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Anggraeni, Happy Yulia, Praniko Imam Sagita, Fane Virginia Yusmana, Muhamad Reza, Sultan Sehafudin, and Willy Johan. "Penerapan ADR dan Potensi Arbitrase dalam Penyelesaian Sengketa Medis di Indonesia." AKADEMIK: Jurnal Mahasiswa Humanis 5, no. 1 (2025): 500–514. https://doi.org/10.37481/jmh.v5i1.1267.

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Medical disputes in Indonesia often face challenges such as lengthy litigation processes, high costs, and low satisfaction among the parties involved. In this context, Alternative Dispute Resolution (ADR), particularly mediation and arbitration, offers a more efficient solution. Mediation has been regulated under Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution as well as Supreme Court Regulation (Perma) No. 1 of 2016. However, arbitration mechanisms still lack a specific legal framework, even though Law No. 17 of 2023 on Health emphasizes the importance of swift and fair d

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Abdunayimova, Dinara. "Alternative Dispute Resolution Clause: A Way of Solving Case." International Journal of Social Sciences World (TIJOSSW) 2, no. 2 (2020): 1–5. https://doi.org/10.5281/zenodo.3984277.

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In this article, the alternative dispute resolution concept is adequately represented. The author explains why people more prefer the ADR and what advantages can Parties have referring their case to ADR. Moreover, the types of ADR and the difference between them are deeply studied and explained. Alternative dispute resolution is the set of means and methods used by the parties to reach an agreement, if necessary with the involvement of a third, independent entity whose final judgment on the merits of the dispute is advisory and, in some cases, binding.

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Betancourt, Julio Cesar. "Reexaminando la noción de Resolución Alternativa de Disputas (ADR) en el contexto del derecho de acceso a la justicia ‘no jurisdiccional’ = Reexamining the notion of Alternative Dispute Resolution (ADR) in the context of the right of access to ‘non-jurisdictional’ justice." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 2 (2018): 211. http://dx.doi.org/10.20318/cdt.2018.4376.

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Resumen: La noción de “Resolución Alternativa de Disputas”, generalmente conocida como “ADR”, ha recibido una importante acogida por parte de la literatura del common law y lo mismo puede decirse en cuanto sus principales categorías (negociación, mediación y arbitraje). ADR, lato sensu, se refiere a la idea de utilizar toda una gran variedad de mecanismos no jurisdiccionales destinados a prevenir, manejar, resolver o solucionar conflictos intersubjetivos. De modo que la expresión resolución alternativa de disputas es, en cierta manera, insuficiente para suministrar una visión integral de toda

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Gould, Nicholas, and Olivia Liang. "Conflict Avoidance and Alternative Dispute Resolution in the UK Construction Industry." Amicus Curiae 4, no. 1 (2022): 155–69. http://dx.doi.org/10.14296/ac.v4i1.5492.

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This article focuses on conflict avoidance and alternative dispute resolution (ADR) in the United Kingdom (UK) construction industry. It seeks to place the use of ADR in the UK in context and to analyse the dispute prevention techniques in standard form contracts. The article also considers the importance of, and processes involved in, mediation and statutory adjudication in construction disputes. It also discusses the key feature of dispute boards and their use in the UK. Keywords: United Kingdom; conflict avoidance; ADR; adjudication; mediation; dispute boards; DABs; Construction Act;

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Gamage, Amila N. K. K. "Factors that Affect in Selecting the Most Appropriate Alternative Dispute Resolution Strategy for Construction Disputes." Saudi Journal of Civil Engineering 7, no. 05 (2023): 102–14. http://dx.doi.org/10.36348/sjce.2023.v07i04.001.

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Disputes are inevitable in construction projects, and cost and time impacts are higher on a project’s performance and successful completion. Therefore, it is essential to prevent disputes from arising or resolve them efficiently once arise. Other than litigation, Alternative Dispute Resolution (ADR) strategies receive more attention from organizations due to efficiency in dispute settlement. However, when using ADR strategies for dispute resolution, it is vital to select the most suitable technique based on the dispute type and other goals of disputant parties. Therefore, the objective of this

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20

Peters, Shamaise. "The evolution of alternative dispute resolution and online dispute resolution in the European Un." CES Derecho 12, no. 1 (2021): 3–17. http://dx.doi.org/10.21615/cesder.12.1.1.

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The evolution of Online Dispute Resolution (ODR) as an augmentation from Alternative Dispute Resolution (ADR) may lead to an authentic paradigm shift in the way disputes are handled beyond the traditional court systems. To assess state of the art and convey awareness, this paper explores the regulatory landscape of the European Union (EU) using the United Kingdom and Estonia to illustrate the key advancements and shortcomings of the supranational strategy. It discusses the relationships between ADR capabilities and its productive use in ODR, the ODR deployment and adoption, and the consequence

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Aman, Sanaullah. "Cross-Border Alternative Dispute Resolution (ADR): Opportunities and Challenges." Journal of Asian Development Studies 14, no. 2 (2025): 1113–20. https://doi.org/10.62345/jads.2025.14.2.87.

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In an increasingly globalized world, cross-border commercial activities have surged, accompanied by a corresponding rise in international disputes. Traditional litigation, often perceived as costly, time-consuming, and complex in terms of jurisdiction, has prompted stakeholders to seek more efficient mechanisms, such as Alternative Dispute Resolution (ADR). This paper explores the evolving domain of cross-border ADR, highlighting both its promising potential and its inherent complexities. Key opportunities include enhanced cost-effectiveness, faster resolution, greater flexibility, preservatio

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Aprilliantoni. "Dispute Resolution in Indonesian Islamic Banking: Previous Trends and Future Perspectives." INTERNATIONAL JOURNAL OF INNOVATIVE RESEARCH IN MULTIDISCIPLINARY EDUCATION 02, no. 05 (2023): 214–21. https://doi.org/10.5281/zenodo.7975958.

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Currently, the legal environment for dispute resolution in the Islamic banking industry in Indonesia is not sufficient to achieve the main purpose of establishing a bank. Although Islamic legal frameworks are important for resolving financial disputes recognized under classical Islamic law, this paper aims to overcome increasing disputes as Islamic banking revenues increase. , provides arguments and solutions for resolving Islamic banking disputes using the Engel curve theory of microeconomics. Therefore, changes in the income of Islamic banks in Indonesia do not significantly affect changes i

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Anoumbuandem Benvolio Lekunze (PhD.). "The Effectiveness of Alternative Dispute Resolution Mechanisms in Electronic Commerce Disputes." International Journal of Latest Technology in Engineering Management & Applied Science 14, no. 4 (2025): 670–77. https://doi.org/10.51583/ijltemas.2025.140400076.

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Abstract: The heavy reliance of electronic communication tools to conduct businesses across the world has facilitated business transactions and other related aspects of business. An evaluation on the effectiveness of resolving e-commerce disputes by alternative dispute resolution methods (ADR) is dwelled upon in this article. There are many problems associated by relying on the traditional adjudication processes in courts to resolve e-commerce transaction disputes amongst which are; high cost, waste of time, corruption and jurisdictional problems. Disputes arising from e-commerce transaction a

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Ebenezer Hutagalung, Zainal Mutaqqin, and Muhamad Amirulloh. "Opportunities for Implementing Alternative Dispute Resolution (ADR) in Settlement of Tax Disputes in Indonesia." Journal of Law, Politic and Humanities 5, no. 3 (2025): 2196–204. https://doi.org/10.38035/jlph.v5i3.1572.

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The emergence of tax disputes as a consequence of differences in interests between tax authorities and taxpayers is a normal thing to happen. However, if an excessive number of tax disputes occur, this has the potential to create legal uncertainty, both for taxpayers and tax authorities. In theory and practice, a dispute resolution mechanism has developed as an implementation of law enforcement outside of court (non-litigation), namely a form of dispute resolution using the services of a neutral third party without going through a court process agreed upon by the parties. Indonesia already has

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Shakaib Aleem Arshad and Dr. Hafiz Abdul Rehman Saleem. "Integration of Alternate Dispute Resolution as a Complement to the Traditional Court System in Pakistan." Research Journal of Psychology 3, no. 1 (2025): 112–25. https://doi.org/10.59075/rjs.v3i1.51.

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This article aims to examine the possibility of alternative dispute resolution (ADR) in Pakistan replacing the country's established legal system. The main objective of the study is to assess the applicability of Alternative Dispute Resolution (ADR) in the Pakistani legal framework, highlighting the advantages and disadvantages of this approach, and compared it to the traditional court system. Like the judicial system of many other countries, Pakistan's judicial system is plagued by serious problems such as backlogs, delays, high costs, and limited access to justice. However, alternative dispu

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Hafiz Abdul Rehman Saleem, Nazia Bano, Bilal Ahmad, Zain Ashraf, and Muhammad Shahbaz. "Access to Justice through Mediation in Tax Disputes: A Case Study of Pakistan." Indus Journal of Social Sciences 3, no. 1 (2025): 1066–79. https://doi.org/10.59075/ijss.v3i1.939.

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Pakistan faces a significant backlog of civil dispute cases, hindering the administration of justice and jeopardizing the nation's social, political, and economic stability. Mediation is an alternative dispute resolution procedure that facilitates the attainment of justice in the resolution of tax issues. The primary aim of mediation is to enhance the trust relationship between tax authorities and relevant taxpayers by offering an informal process for resolving tax issues. The implementation of Pakistan's tax legislation, despite the introduction of an Alternative Dispute Resolution (ADR) syst

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Sin, Dongyun. "The ADR Procedure and Implication of Labor Disputes in the United States." Institute for Legal Studies Chonnam National University 43, no. 3 (2023): 173–200. http://dx.doi.org/10.38133/cnulawreview.2023.43.3.173.

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In South Korea, specific work procedures have not been established to activate the alternative dispute resolution before and after labor disputes in the relief procedure. In particular, there is no special law that can uniformly and consistently apply the alternative solutions to labor disputes, and the subjects, procedures, and contents of the application are scattered in the Trade Union and Labor Relations Adjustment Act or the Labor Relations Commission Act. Nevertheless, the Labor Relations Commission actively participates from the collective bargaining stage, or the local labor commission

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Jung, Moon-Sung, and Jae-Guck Kim. "Intellectual Property Disputes When the Preferred Alternative Dispute Resolution(ADR)." Joural of the Korea Entertainment Industry Association 9, no. 1 (2015): 287. http://dx.doi.org/10.21184/jkeia.2015.03.9.1.287.

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Begum, Mehnaz. "A History of Alternative Dispute Resolution: Analyzing its Role and Significance." Global Legal Studies Review VII, no. III (2022): 1–5. http://dx.doi.org/10.31703/glsr.2022(vii-iii).01.

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The research paper covers the historical analysis of how legal systems—both formal and informal—that were in place in various civilizations and historical periods were used to settle conflicts. This study briefly examines the development of several legal systems in antiquity. This study demonstrates that while both platforms were supported by human civilizations dispute resolution (ADR) was the most often used method globally and is still in practice today. According to research, people through the ages have chosen dispute resolution (ADR) above formal litigation as their preferred method of r

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Ardina, Nur Amalia, and Ramdan Muhammad. "Online Dispute Resolution (ODR): Pillar of a Modern and Inclusive Judicial System in Indonesia." INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS 07, no. 11 (2024): 5328–33. https://doi.org/10.5281/zenodo.14249722.

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Many facets of society, including the legal profession, have been profoundly impacted by the development of information and communication technology. A quick and effective resolution process is required in Indonesia due to the growing number of legal disputes. According to Article 1(10) of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, the rise of Alternative Dispute Resolution (ADR) provides non-litigation methods such mediation, negotiation, and arbitration, even though traditional litigation is still a last resort. As technology advanced, alternative dispute resolutio

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Yakubova, Madinabonu. ""APPLICATION OF ALTERNATIVE METHODS OF INVESTMENT DISPUTE RESOLUTION IN THE REPUBLIC OF UZBEKISTAN"." Tsul legal report 2, no. 1 (2021): 94–100. http://dx.doi.org/10.51788/tsul.lr.2.1./skhz9678.

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"Given the perceived benefits of alternative dispute resolution (ADR) processes, such as negotiation and mediation and their importance, it would seem that it is an appropriate option for an investment dispute to opt for. This paper will emphasize the fact that opting for ADR provides fast, cheap, effective, and flexible dispute resolution. However, it does not mean to ignore the fact that there is a possibility of risks associated with the use of these alternatives. One of the main areas in which legal reforms need to be introduced in Uzbekistan is to achieve greater success in using alternat

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Chebeane, Maya Boureghda. "Alternative dispute resolution (ADR) and secured transactions." Uniform Law Review 22, no. 4 (2017): 773–80. http://dx.doi.org/10.1093/ulr/unx040.

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Davies, E. "The ADR olive branch [alternative dispute resolution]." Engineering Management Journal 12, no. 1 (2002): 40. http://dx.doi.org/10.1049/em:20020105.

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Rasyid, Abdul. "Relevance of Islamic Dispute Resolution Processes in Islamic Banking and Finance." Arab Law Quarterly 27, no. 4 (2013): 343–69. http://dx.doi.org/10.1163/15730255-12341267.

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Abstract In the Islamic legal system, the ways in which disputes are resolved generally fall under two categories. The first category is through litigation, namely in Islamic courts (al-qaḍāʾ or adjudication), and the second is through amicable means such as negotiation, conciliation and compromise (naṣīḥah or sincere advice), mediation (ṣulḥ), arbitration (taḥkīm), mediation along with arbitration (ṣulḥ and taḥkīm), an ombudsman (muḥtasib), expert determination (Mufti’s fatwā, pl. fatāwā), etc. These mechanisms are called alternative dispute resolution (ADR) that refers to a range o

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Santing-Wubs, Betty. "ADR in the Netherlands and ‘Europe’." Nederlands-Vlaams tijdschrift voor Mediation en conflictmanagement 16, no. 4 (2012): 32–40. https://doi.org/10.5553/tmd/2012016004006.

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ADR in the Netherlands and ‘Europe’ This article deals with two European proposals on consumer disputes: one proposal for an Alternative Dispute Resolution (ADR) Directive and one for an Online Dispute Resolution (ODR) Regulation. The European Mediation Directive is also taken into account. Important issues are the voluntary nature of ADR and the quality of the so-called ADR entities.Some regulation in the field of ADR might be useful, but the proposals are quite detailed. In the Netherlands, till now ADR has been successful without too much – or even without any – regulation. The two proposal

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Sreekumar, Dr Aparna. "Hybrid ADR Mechanisms." Edulogic International Journal for Multi Disciplinary Research 01, no. 01 (2025): 87–106. https://doi.org/10.63665/eijmr.v01i01.8.

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In an era characterized by globalization, intricate legal regimes, and dynamic commercial interactions, the demand for efficient and effective dispute resolution mechanisms has become paramount. Traditional litigation—often protracted, expensive, and procedurally rigid—struggles to keep pace with the evolving needs of cross-border commerce and a fast-moving business environment. Against this backdrop, Alternative Dispute Resolution (ADR) has emerged as a preferred method for resolving disputes, offering greater autonomy, flexibility, cost-effectiveness, and confidentiality to parties1. ADR enc

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Sauden, Anup, and Surya Chhetri. "An Assessment of the Effectiveness of Alternative Dispute Resolution Methods." Tasambo Journal of Language, Literature, and Culture 1, no. 01 (2023): 53–64. http://dx.doi.org/10.36349/tjllc.2023.v01i01.007.

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This study assesses the effectiveness of Alternative Dispute Resolution (ADR) practices in projects run under the Department of Roads of Nepal government. Secondary data from case studies and primary data from questionnaire and key informant interviews are analysed in view of the decisions regarding the use of ADR in settlement of road project cases. The research uses a descriptive method in the assessment. Out of eight (8) projects, disputes related to four (4) were settled by litigation based on ADR (Adjudication and Arbitration) decision, one was sent for the reformation of arbitration by c

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Swapnil, Mukherjee. "CROSS-BORDER E-COMMERCE DISPUTES: A MULTI-JURISDICTIONAL ADR PERSPECTIVE." Indian Journal of Law and Society I, no. 8 (2024): 144–59. https://doi.org/10.5281/zenodo.10644641.

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<strong>ABSTRACT</strong> <em>The meteoric ascent of cross-border e-commerce, propelled by the boundless expanses of the internet, has prompted a seismic shift in transactional landscapes. This transcendence of geographic boundaries ushers forth an intricate web of legal intricacies, compelling an expedition into avant-garde dispute resolution mechanisms. This exposition meticulously probes the intricacies inherent in cross-border e-commerce disputes, advocating for a perspective firmly anchored in the realm of multi-jurisdictional alternative dispute resolution (ADR). The surge in cross-borde

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Muhammad Farhan Talib, Omer Mahmood Watto, Muhammad Islam, and S‎yed Arshad Hussain. "Harmonizing Conflict: Exploring Global Applications of Alternative Dispute Resolution Methods." Pakistan Journal of Criminal Justice 4, no. 1 (2024): 77–90. http://dx.doi.org/10.62585/pjcj.v4i1.52.

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This study examines the domain of conflict resolution through a comparison of conventional trial procedures and alternative dispute resolution (ADR) techniques. The author highlights the critical importance of trials in protecting interests and rights, while also recognizing inherent constraints such as protracted proceedings and financial strains. In light of the progressive development of democratic societies, there is a noticeable transition towards alternative methods of resolving disputes, which calls for a thorough assessment of their merits and demerits. The study focuses on mediation,

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Jurgees, S. M. Mudeel Raza, Sofia Suleman, and Ali Shahid. "The Role of Alternative Dispute Resolution (ADR) in Pakistan's Legal System." Qlantic Journal of Social Sciences and Humanities 5, no. 1 (2024): 194–202. http://dx.doi.org/10.55737/qjssh.733319300.

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This article explores the transformative role of Alternative Dispute Resolution (ADR) in Pakistan's legal system, focusing on mediation, arbitration, and conciliation. ADR proves pivotal in addressing challenges like case backlog offering efficient and accessible dispute resolution. Its cost-effectiveness and participant-driven nature make it inclusive. ADR's adaptability fosters creative solutions, particularly in family and community disputes, emphasizing relationship preservation. Despite challenges, ongoing initiatives aim to enhance awareness and overcome cultural barriers. Looking ahead,

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Nusantara Putra, I. Made Hendra Cahyadita, and I. Wayan Parsa. "Arbitration as a Medical Dispute Resolution Method under Indonesian Positive Law." Journal of Law and Regulation Governance 2, no. 9 (2024): 332–42. http://dx.doi.org/10.57185/jlarg.v2i9.68.

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Medical disputes arising from conflicts between patients and doctors/dentists can be addressed through litigation or non-litigation channels. Law Number 17 of 2023 concerning health mandates that all medical disputes must first be resolved through Alternative Dispute Resolution (ADR) outside of court. The aim of this paper is to analyze ADR as a method of resolving medical disputes in Indonesia and to examine the legality and potential of arbitration as a dispute resolution method under Indonesian law. The benefits of this study include providing a juridical understanding of medical dispute re

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Vasagan, V. T. "Alternative Dispute Resolution at Delhi Mediating Centers: An Analytical Study." VISION: Journal of Indian Taxation 9, no. 2 (2022): 39–56. http://dx.doi.org/10.17492/jpi.vision.v9i2.922203.

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Disputes can be resolved outside of the court system by using alternative dispute resolution (ADR). It serves as a means of resolving disputes between parties outside litigation. In India, 33.84 million cases are pending in district courts, while 4.57 million cases are pending in high courts. In addition, there is a huge shortage of judges in district and high courts. It is impossible to get a case resolved quickly in due to overcrowding. Besides, Indian judiciary is encouraging people to settle disputes through ADR system. The present study identified 6 mediating centers located at Delhi. It

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Fithriah, Nurhani, Dimas Dwi Arso, and Arini Azka Muthia. "Implementing Accessibility Principles in Alternative Dispute Resolution for Sharia Economic Disputes in Indonesia." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 10, no. 2 (2024): 292. http://dx.doi.org/10.29300/mzn.v10i2.3010.

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The growth of Sharia-based businesses in Indonesia has prompted both bank and non-bank financing institutions to adhere to Sharia principles, establishing a framework of rights and obligations with consumers. Imbalances in this relationship occasionally result in defaults, leading to dispute resolution through litigation and alternative methods. This research, utilizing a normative approach, specifically delves into the accessibility principle within alternative dispute resolution (ADR) for Sharia economic disputes in Indonesia. Accessibility, a pivotal ADR tenet, is examined in the context of

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Noone, Mary Anne, and Lola Akin Ojelabi. "Alternative dispute resolution and access to justice in Australia." International Journal of Law in Context 16, no. 2 (2020): 108–27. http://dx.doi.org/10.1017/s1744552320000099.

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AbstractIn the last four decades, there has been a significant increase in the number and variety of appropriate dispute-resolution (ADR) institutions and processes in Australia as a critical aspect of improved access to justice. Although more people can get assistance to resolve their disputes, the issues of whether this access is shared equally within the community, how the disadvantaged fare in these processes and what type of justice is provided by the various ADR processes are explored. The relevance of legislative objectives of ADR fora and processes to justice outcomes is highlighted. I

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Begum, Mehnaz, Shabir Ahmed Khan, and Muhammad Zubair Khan. "Alternative Dispute Resolution in the Contemporary World." Global International Relations Review V, no. III (2022): 11–16. http://dx.doi.org/10.31703/girr.2022(v-iii).02.

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Rule of law and ADR are one of the benchmark in determining the underdeveloped world from the developed. Therefore, in today’s contemporary world, the role and application of alternative dispute resolution (ADR) is increasingly attracting attention in legal and academic discourses. Its application in various jurisdictions particularly is said to strengthen the rule of law. From a development perspective, the main aim of ADR is to increase the possibilities and opportunities for the underprivileged to attain maximum social, economic and legal rights in their daily lives. This in turn helps the

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Ye, Lan. "Alternative Dispute Resolution of Chinese Enterprises: Learning from Foreign ADR Application Experience." Advances in Economics, Management and Political Sciences 23, no. 1 (2023): 128–33. http://dx.doi.org/10.54254/2754-1169/23/20230366.

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With the development and prosperity of China's market economy, enterprise disputes have become more and more frequent. The perfection of the ADR mechanism applicable to enterprise disputes is an effective guarantee for friendly commercial competition between enterprises and an essential cornerstone for maintaining enterprise development and social stability. This article focuses on the types and characteristics of Chinese enterprise disputes, and starts from the case to analyze the difficulties and challenges faced by enterprises in the process of using ADR to resolve the dispute, and learn fr

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Dahlan, N. Khalidah. "Alternative Dispute Resolution for Islamic Finance in Malaysia." MATEC Web of Conferences 150 (2018): 05077. http://dx.doi.org/10.1051/matecconf/201815005077.

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The law lays down rules that govern private disputes, self-help actions or open-conflicts that may occur in the society. Here, courts, tribunals, arbitration and other dispute resolution forums are the main secular institutions in dispensing just resolutions in a society. As important as the court proceedings, Alternative Dispute Resolution (ADR) process is neutral, it is like a judge who served as the finder of fact and decision maker for the parties involved. By adapting the ADR methods in resolving the disputes relating to Islamic financial products, this method will able to fulfil with the

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Bhumi, Agrawal. "Online Arbitration in India: Issues and Challenges." Legal Vidya 1, no. 1 (2020): 1–7. https://doi.org/10.5281/zenodo.6966773.

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With the expansion of business due to globalization, there arise massive commercial disputes that need to be addressed. Alternative Dispute resolution (hereinafter, ADR) have come to rescue courts from massive pendency of cases. With the success of ADR across almost every Sector, dispute resolution needs to become more feasible to satisfy the needs demanded in the current scenario, which requires a faster and more flexible way of dispute resolution. Online Dispute resolution (hereinafter, ODR) aims to satisfy all such requirements. Countries like China have established institutions to settle E

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Haloush, Haitham A. "The Liberty of Participation in Online Alternative Dispute Resolution Schemes." International Journal of Legal Information 36, no. 1 (2008): 102–17. http://dx.doi.org/10.1017/s0731126500002730.

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Electronic commerce is important, and perhaps, inevitable. Thus to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this paper argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of online alternative dispute resolution (OADR) can maximise the growth of e-commerce.Altern

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Sofiana, Ratna, and Satria Utama. "Effectiveness of Shari'ah Economic and Business Dispute Resolution through Arbitration and Alternative Dispute Resolution (ADR)." TERAJU 3, no. 01 (2021): 41–49. http://dx.doi.org/10.35961/teraju.v3i01.224.

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In this paper, we will discuss a little about the effectiveness of sharia economic and business dispute resolution through Arbitration and alternative dispute resolution (ADR). So that it can be described how the dispute resolution mechanism in a civil relationship between one party and another, of course, sometimes does not work as expected. This problem will be examined using a research method with a qualitative approach, namely a research process and an understanding based on on a methodology that investigates a social phenomenon and human problems. Regarding the dispute resolution process

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