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Journal articles on the topic 'Alternative dispute resolution'
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1
Broadbent, Nigel. "Alternative Dispute Resolution." Legal Information Management 9, no. 3 (September 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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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 (January 31, 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 objective is achieved by stating two research questions: the scope of resolving trade disputes and the alternative resolutions for international trade disputes. This is comparative qualitative research carried out in the literature concerning a normative juridical approach. Data was collected by searching relevant literature and legal materials for normative qualitative analysis. This research found that two types of disputes are commonly encountered in the legal process: disputes that are legal or can be resolved and conflicts that are political or cannot be resolved. Alternative Dispute Resolution (ADR) stands out for its effectiveness and efficiency in dispute resolution law. ADR aligns with the evolving dynamics of global trade, providing a valuable tool for managing disputes between business entities. Alternative. At least three alternative dispute resolution options can be chosen: (i) Resolving international trade disputes through mediation; (ii) Resolving international trade disputes through the World Trade Organization (WTO); Resolving disputes in international business through arbitration. This research suggests that it would be best to consider alternatives for resolving trade disputes according to the case's complexity level.
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Wright, Ian, and Franco Mastrandrea. "Alternative dispute resolution." Construction Law Handbook 2007, no. 1 (January 2007): 871–900. http://dx.doi.org/10.1680/clh.2007.1.871.
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Wright, Ian, and Franco Mastrandrea. "Alternative dispute resolution." Construction Law Handbook 2008, no. 9 (January 2008): 881–910. http://dx.doi.org/10.1680/clh.2008.2008.9.881.
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Motiwal, O. P. "Alternative Dispute Resolution." Indian Journal of Public Administration 45, no. 3 (July 1999): 452–71. http://dx.doi.org/10.1177/0019556119990315.
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Mueller, Tracy Gershwin. "Alternative Dispute Resolution." Journal of Disability Policy Studies 20, no. 1 (June 5, 2008): 4–13. http://dx.doi.org/10.1177/1044207308315285.
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Kuenzel, Robert V. "Alternative Dispute Resolution." Compensation & Benefits Review 28, no. 4 (July 1996): 43–51. http://dx.doi.org/10.1177/088636879602800407.
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Hayford, Stephen L. "Alternative dispute resolution." Business Horizons 43, no. 1 (January 2000): 2–4. http://dx.doi.org/10.1016/s0007-6813(00)87381-4.
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Strazisar, Borut. "Alternative Dispute Resolution." Law. Journal of the Higher School of Economics, no. 3 (September 10, 2018): 214–33. http://dx.doi.org/10.17323/2072-8166.2018.3.214.233.
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Klein, Cathy A., and Ari B. Klein. "Alternative Dispute Resolution." Nurse Practitioner 32, no. 12 (December 2007): 15. http://dx.doi.org/10.1097/01.npr.0000300821.43970.32.
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陳學德, 陳學德. "醫療爭議之訴訟外紛爭解決機制." 月旦醫事法報告 77, no. 77 (March 2023): 007–17. http://dx.doi.org/10.53106/241553062023030077001.
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Sasmiar, Sasmiar, Umar Hasan, and Suhermi Suhermi. "LEGAL CERTAINTY OF ALTERNATIVE DISPUTE RESOLUTION MEDIATION." Bengkoelen Justice : Jurnal Ilmu Hukum 14, no. 1 (April 8, 2024): 25–44. http://dx.doi.org/10.33369/jbengkoelenjust.v14i1.33432.
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If you look deeper into the substance of arbitration, the regulations are more dominant compared to the regulations regarding alternative dispute resolution. This arrangement is very important regarding the legal capacity of a mediator in carrying out his mediation function. Alternative dispute resolution in Indonesia is a tradition that has been implemented for a long time, such as in customary law in rural communities. An alternative model for resolving disputes in customary law communities is carried out by means of deliberation to reach a consensus. Dispute resolution through mediation is much more effective and efficient in terms of time, energy and costs when compared to dispute resolution through court. the process of resolving disputes through mediation is final and binding. The method used in this research is normative juridical. where doctrinal research is related to mediation within the framework of norms that have been abandoned or there is a legal vacuum. the rules regarding mediation are very simple while the legal requirements are increasing. the substance of the mediation arrangements is incomplete, such as arbitration. National legal product was regulated arbitration and alternative dispute resolution. in addition to being able to resolve civil disputes to general courts, there is also the possibility of submitting them through arbitration and alternative dispute resolution. laws arbitration and alternative dispute resolution such as mediation do not have legal certainty, because the substance of the mediation arrangements is incomplete. This is certainly detrimental to the disputing parties. Supreme Court regulated vacuum law to control this legal proceeding. The mediation process is carried out based on the practices that apply in the field. This is certainly detrimental to the disputing parties, and reduces public interest in resolving their disputes through mediation Keywords: Dispute Resolution; Mediation; Legal Certainty
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Wang, Zhiqiong June, and Jianfu Chen. "From alternative dispute resolution to pluralist dispute resolution: towards an integrated dispute-resolution mechanism in China." International Journal of Law in Context 16, no. 2 (June 2020): 165–80. http://dx.doi.org/10.1017/s1744552320000129.
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AbstractSince 1978, we have observed the steady development of institutions, mechanisms and processes of dispute resolution in China. In the last ten years or so, we then noted frequent issuance of new rules and measures as well as revision of existing laws, the promotion of mediation as the preferred method for resolving disputes and, more recently, the promotion of an integrated dispute-resolution system as a national strategy for comprehensive social control (as well as for resolving disputes), in the name of reforming and strengthening ‘the Mechanism for Pluralist Dispute Resolution’. Careful examination of these latest developments suggests that fundamental changes are taking place that may potentially alter the course of the development of the Chinese dispute-resolution system. These developments are the focus of this paper with an aim to ascertain the nature of the developments and their future direction or directions.
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Mantaha Mohammed Afif, Mantaha Mohammed Afif. "Alternative Dispute Resolutions for Insurance disputes – Reconciliation and mediation as a model –: الوسائل البديلة لتسوية المنازعات التأمينية – الصلح والوساطة نموذجاً –." مجلة العلوم الإقتصادية و الإدارية و القانونية 6, no. 6 (February 28, 2022): 149–64. http://dx.doi.org/10.26389/ajsrp.n300821.
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The aim of the study to highlight the role of alternative means in the settlement of disputes in general and insurance disputes in particular and their effectiveness in ending the dispute and the statement of procedures used to resort to alternative means, and the researcher used the comparative analytical approach between Saudi Arabia in the adoption of reconciliation as a means An alternative alternative to dispute resolution and comparison with the Hashemite Kingdom of Jordan in the use of mediation as an alternative means of dispute resolution, by introducing alternative means of dispute resolution and its importance and with the statement of appropriate means to settle insurance disputes with the study of reconciliation procedures and mediation in the settlement of insurance disputes, the researcher reached the success of the outcomes of alternative means through settlement records or reconciliation records that express an executive basis ending the dispute after its approval by the competent authority, the researcher recommends The need to regulate alternative means of dispute resolution in Saudi Arabia within a regulated legal framework that deals with mediation, reconciliation and many friendly means of dispute resolution, in addition to spreading the culture of alternative means of dispute resolution to society and urging recourse to them.
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이재경. "Alternative Dispute Resolution for TV Format Disputes." JOURNAL OF ARBITRATION STUDIES 26, no. 2 (June 2016): 27–44. http://dx.doi.org/10.16998/jas.2016.26.2.27.
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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 (March 15, 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 the court, as well as the enforcement of the decision given by the arbitrator, mediator, and adjudicator to the disputing party in Alternative Dispute Resolution (ADR) outside the court. The results of discussion and analysis of Alternative Dispute Resolution with mediation approach is the right initial choice in solving capital market disputes. Keywords: Alternative Dispute Resolution, Capital Markets, Economy
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Yarema, O. G. "Alternative forms of resolution of administrative and legal disputes." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 467–71. http://dx.doi.org/10.24144/2788-6018.2024.01.83.
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Alternative forms of administrative-legal dispute resolution are considered in the article based on current legislation. The object of the study is public- legal relations that are formed in the process of resolving administrative-legal disputes. The subject of the research is the theoretical, organizational, legal and applied aspects of public legal regulation of alternative resolution of administrative-legal disputes. The purpose of the research is to build a theoretical model of alternative resolution of legal disputes. The methodological basis is a dialectical method of cognition using special scientific methods. In accordance with a generally systematic approach, comparative-legal, formal-legal methods were used. It is noted that the technology of alternative resolution of a legal dispute can be found out as a specially created and empirically based system of methods and rules of purposeful step-by-step activity in this direction and the very set of alternative forms of dispute resolution with a certain sequence of application. The resolution of administrative and legal disputes by state institutions of non-judicial protection is carried out by state bodies, local self-government bodies and officials whose activities are regulated by national legislation and departmental regulations. Administrative-legal disputes are classified according to the criteria of the bodies that resolve the dispute: those that are resolved in court, administratively, and conciliation procedures. The alternative way of resolving an administrative-legal dispute is proposed to be understood as a procedure for resolving administrative-legal disputes regulated by the norms of administrative and administrative- procedural law, which is not related to the exercise of public-authority powers by entities that are not parties to the dispute. The parties to the dispute may have public-authority powers, and the implementation of alternative resolution of administrative-legal disputes may be an element of administrative competence. Further research will be aimed at determining the possibilities of using digital technologies as an alternative form of administrative dispute resolution.
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Kurniawan, Rudi, and Sabela Gayo. "The Use of Mediation as Alternative Property Dispute Resolution." International Journal of Research and Review 10, no. 2 (February 11, 2023): 330–38. http://dx.doi.org/10.52403/ijrr.20230242.
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Property disputes cannot be avoided in the present era, this is due to various primary needs that are very high in today's times for example the number of land plots is limited in the development of home property. This demands improvements in the field of arrangement and use of property for the welfare of the community and especially its legal certainty. For this reason, various efforts are made by the government to seek the settlement of property disputes quickly to avoid the buildup of property disputes, which can harm the community, for example, property cannot be used because the land is in dispute. Basically, the choice of dispute resolution can be done with 2 (two) processes. The process of dispute resolution through litigation in court and non-litigation, as the initial stage of settlement, this paper has highlighted the settlement of property disputes in the initial residence using mediation as an alternative dispute resolution in property disputes with a voluntary mediation scheme. Keywords: Alternative Dispute Resolution, Voluntary Mediation, Ownership Rights
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Sopamena, Ronald Fadly. "Alternative Dispute Resolution Dalam Sengketa Bisnis Internasional." Balobe Law Journal 2, no. 1 (April 17, 2022): 1. http://dx.doi.org/10.47268/balobe.v2i1.767.
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Introduction: The importance of understanding international business contract law is because international business will involve more than one country so that the laws in these countries will also differ from one another. This will cause problems if there is a business dispute between two parties from different countries.Purposes of the Research: Thus, this study aims to analyze dispute resolution, especially alternative dispute resolution in international business.Methods of the Research: The research method used is normative juridical or what is known as legal research which is carried out by reviewing and analyzing the substance of the legislation on the subject matter or legal issue in its consistency with existing legal principles.Results of the Research: Choice of law is a consequence in an international business contract as a result of different legal rules in each country. Alternative dispute resolution is a method of dispute resolution that can be used in international business disputes. Arbitration, Mediation, Conciliation, Negotiation and Consultation can be used as initial options so that a solution can be obtained from the disputes faced before going through the litigation route which of course will be more time consuming and costly.
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Petrovna, Ermakova Elena, Frolova Evgenia Evgenevna, and Sitkareva Elena Vitalevna. "New Trends in Developing Alternative Ways to Resolve Financial Disputes." Journal of Politics and Law 13, no. 3 (August 30, 2020): 280. http://dx.doi.org/10.5539/jpl.v13n3p280.
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The authors investigate an issue of the appearance of new trends in developing alternative ways to resolve financial disputes. It has been found that: 1) selection of an arbitration forum for dispute resolution in the field of international finance instead of national courts of London and New York became an obvious reality that should be taken into account by politicians and entrepreneurs; 2) advantages and disadvantages of arbitration resolution of financial disputes are also obvious, so special attention should be paid to the new forms of dispute resolution clauses – hybrid dispute resolution clauses that authorize counterparties to select between the national judicial proceeding and the international arbitration, allowing the parties to select the most appropriate proceeding jurisdiction as following from the specific dispute based on advantages of both forums; 3) in connection with the popularization of alternative ways of dispute resolution in the field of financial relations it is prospective to use mediation for dispute resolution: the entry of Singapore Convention on Mediation 2019 into legal force and joining of global financial leading states to it can contribute to this; 4) in connection with the specifics of cross-boundary financial relations, and for dispute resolution, standard arbitration regulations are not always applicable, so now arbitration institutions tend to follow the way of including separate regulations with regard f the specifics of these disputes; the latest trend can be considered the creation of separate centres in the field of financial dispute resolution.
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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 (July 16, 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 alternative methods to quickly and efficiently resolve disputes that have arisen. In order to improve the system of protecting the rights and legitimate interests of individuals and legal entities, and expanding alternative options for resolving disputes, as well as dramatically increasing the role of the mediation institution, arbitration courts and international arbitration in optimizing the volume of work in courts, it is necessary to take drastic measures to apply alternative legal methods for resolving investment disputes. In this article, the author examines the term and general classification of alternative methods of settling investment disputes; its formation and development in Uzbekistan; and also gives the expected results that can be achieved with more active use of alternative methods of settling disputes in the Republic of Uzbekistan."
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DIAKONOVA, M. O. "ALTERNATIVE METHODS TO RESOLVE CONSUMERS DISPUTES." Herald of Civil Procedure 10, no. 6 (January 25, 2021): 42–65. http://dx.doi.org/10.24031/2226-0781-2020-10-6-42-65.
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The need to develop alternative dispute resolution methods has long been known, but most of all out-of-court dispute resolution is required in consumer relations. The expansion consumer access turn to dispute resolution and filing complaints even for small requirements will help to increase respect for consumer rights and, in general, create a favorable economic climate. The lack of a legal basis for resolving consumer disputes hinders the effective protection of their rights and is not typical of foreign legal systems. In this regard, the draft Federal law “On Amendments to the Law of the Russian Federation ‘On Consumer Rights Protection’ and the Federal Law ‘On Alternative Dispute Settlement Procedure with the Participation of a Mediator (Mediation Procedure)’ in Order to Create a Legal Basis for the Development of Alternative Online Dispute Resolution” has been prepared. The article analyzes this draft law, compares the projected norms with approaches implemented in foreign legislation, and suggests measures to improve the current legislation on the protection of consumer rights by creating an online platform for the settlement of consumer disputes.
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Wulandari, Mona, and Saifullah Basri. "Analisis Hukum Penyelesaian Sengketa Kepailitan Syariah di indonesia." Wajah Hukum 6, no. 2 (October 14, 2022): 441. http://dx.doi.org/10.33087/wjh.v6i2.1081.
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After the issuance of the Constitutional Court Decision Number 093/PUU-X/2012, the quo vadis regarding the dualism of the authority to settle sharia economic disputes has ended. The Religious Courts are legally constitutional as the only institution authorized to resolve sharia economic disputes through litigation. However, this authority is not fully implemented, there are still other sharia economic disputes whose resolution is decided by the Commercial Court within the scope of the General Courts, namely bankruptcy disputes and PKPU (Debt Payment Obligations Suspension) in Islamic financial institutions. So after the decision of the Constitutional Court Number 93/PUU-X/2012, the litigation resolution of sharia banking disputes is handled by the Religious Courts, while non-litigation is handled by arbitration and other alternative dispute resolutions. Arbitration in this case is the National Sharia Arbitration Board (BASYARNAS) while other alternative dispute resolutions are resolved through dispute resolution agreements based on good faith.
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Vladimirovich, Minbaleev, and Evsikov Sergeevich. "Alternative dispute resolution in digital government." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 4, no. 7 (July 15, 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 states use classical conflict resolution methods. However, some countries are implementing online dispute resolution (ODR) which is not able to change the situation significantly and prevent a “docket explosion” in the justice. One possible way to change the situation is to integrate ADR into digital government. The authors have substantiated the necessity of developing DDR and analyzed the difference between this technology and e-justice. The DDR systems are being tested in some countries, but it used in the highly specialized cases, for example, in the smart contract disputes. The proposed ADR system describing in the article has to be integrated with digital government. The authors present main DDR principles and prove that the Artificial Intelligence disputes conclusion is not a part of justice and should be regarded exclusively as ADR.
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Zarosylo, Volodymyr O., Oleksandr M. Kaplya, Kyrylo V. Muraviov, Dmytro I. Myniuk, and Olena Yu Myniuk. "Alternative ways of resolving legal disputes and their application in Ukraine." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 4 (December 23, 2021): 232–38. http://dx.doi.org/10.37635/jnalsu.28(4).2021.232-238.
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Resolving legal conflicts is one of the main tasks of any state. This function is in most cases entrusted to the judiciary, but as experience shows, the court alone cannot ensure the effective functioning of the legal dispute resolution system. For every democratic state, the availability of an alternative is important, and the subject of law must be able to choose the ways of resolving legal disputes. Today in the world there are such alternative ways of resolving disputes as: arbitration, mediation, consultation, negotiations, intersession, conciliation procedure and others. The purpose of the article is to identify the advantages and disadvantages of alternative dispute resolution methods. The article analyzes the literature on this topic, and also presents the features of alternative ways of dispute resolution, which allows us to identify their advantages and disadvantages as a legal procedure. The existence in most countries of the world of alternative dispute resolution is to some extent positive for the parties to the conflict, because dispute resolution through arbitration, mediation, negotiation, consultation and other alternative dispute resolution allows to resolve it without state intervention and they can be solved much faster. Alternative dispute resolution can to some extent be a source of savings money for the state, as they exist independently and do not require funds to provide them from the state, while in Ukraine the system of commercial courts annually requires a fairly large cost of maintaining such courts. Resolving disputes through alternative methods also speeds up their resolution, but in some cases the process itself can be more expensive
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Mason, D. "Alternative dispute resolution trial." Veterinary Record 176, no. 20 (May 14, 2015): 527. http://dx.doi.org/10.1136/vr.h2560.
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Hockey, G. "Alternative dispute resolution trial." Veterinary Record 176, no. 20 (May 14, 2015): 527. http://dx.doi.org/10.1136/vr.h2561.
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Dinsdale, J. "Alternative dispute resolution trial." Veterinary Record 176, no. 22 (May 29, 2015): 578. http://dx.doi.org/10.1136/vr.h2896.
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Simanowitz, Arnold. "Editorial: Alternative dispute resolution." Clinical Risk 7, no. 3 (May 2001): 108. http://dx.doi.org/10.1258/1356262011928220.
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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 demands on Islamic financial markets in Malaysia. As the highest law of the land places Islam, the religion associated with one of the main ethnicity, as the official religion of the nation and allowed the duality of economic system, in particular banking system, in which conventional banking system exists side-by-side with the Sharia-compliant, Islamic banking. This paper will reviewing the pertinent literature on the development of Islamic banking cases, the Alternative dispute resolution methods on Islamic banking and its contributions to Malaysian society regardless of ethnicity and religion. The discussion in this paper therefore will be directed towards highlighting the alternative dispute resolution methods on Islamic banking and its implication to enhance the application of Islamic banking laws to consumers regardless of ethnicity and religion, in order to maintaining fairness and justice in a multi-ethnic society.
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Woodman, Gordon R. "The alternative law of alternative dispute resolution." Les Cahiers de droit 32, no. 1 (April 12, 2005): 3. http://dx.doi.org/10.7202/043064ar.
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The perceptions afforded by the study of legal pluralism assist an understanding of the full scope and the social and moral significance of alternative dispute resolution. The latter term includes all modes and forms of dispute resolution within the legal order of the state other than the usual forms of adjudication by the ordinary courts. These modes may be classified in relatively wide and fluid categories as other forms of adjudication, and arbitration, mediation and negotiation. However, alternative dispute resolution also includes instances of all these processes which are not established, adopted, or made effective by the state. The study of legal pluralism throughout the world shows that almost everywhere are many such instances, generated within many semi-autonomous social fields other than the state, and falling into all the listed categories. The study of legal pluralism further suggests that the different dispute settlement processes are likely to be associated with different bodies of legal norms. There is evidence that to some extent alternative state processes employ different bodies of laws. The evidence also shows that non-state processes employ bodies of norms which always differ, and may differ widely from those of state law. While legal centralism denies these norms the name of "laws", there seems no good reason not to classify such rules and principles, which order relations within social fields other than the state, as "customary law", or by some similar term. Alternative dispure resolution processes have been lauded as enhancing the effectiveness of the law, providing wider access to justice or law. However, if the argument presented here is correct, it is not sufficient to represent them as implementing "the law". Rather each implements a different variety of law. The social functions of these different laws of different dispute resolution processes, both state and non-state, vary, and so need investigation in each particular case. Whether any law is to be approved as affecting power relations in the society concerned is similarly a matter for investigation. While it has been suggested that alternative dispute resolution processes can confer on the weak and underprivileged an opportunity to assert their interests, it has been argued against such a view that they may provide opportunities for the already powerful to increase their powers, free of the restraining influence of regular state courts. On the other hand, state processes may at certain historical moments be manipulated by the weak to their advantage. Non-state processes may, also in special circumstances, empower collectively the members of the social fields in which they operate.
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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 (May 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 viable options. Given the complexity of the nature and structure of disputes in Nigeria, this research delves into the factors that push and pull litigants into the use of Alternative Dispute Resolution (ADR).
Methodology: This study utilized an explanatory research approach to investigate the many distinctive kinds of conflicts and match them with the most relevant ADR procedures. In particular, property disputes, family conflicts, and business disagreements were investigated.
Findings: According to the findings, Alternative Dispute resolution (ADR) may lead to a considerable reduction in the amount of time and expense of the dispensation of justice that addresses unfairness in the system of criminal justice administration, ultimately resulting in positive social change.
Contributions to Theory, Policy and Practice: The study concludes that Alternative Dispute Resolution (ADR) processes have significant potentials for handling the growing number of disputes. However, it is necessary to address their shortcomings as well as facilitate collaboration between the practitioners and the regular courts. It would improve social stability and guarantee satisfaction for the perpetrator, the victim, the community, and society as a whole if this were done. The study recommended, among other things, that the general public and litigants be educated on the inherent advantages of Alternative Dispute Resolution (ADR) in the resolution of conflicts.
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Sherman, Naser, and Bashar Talal Momani. "Alternative dispute resolution: Mediation as a model." F1000Research 13 (July 9, 2024): 778. http://dx.doi.org/10.12688/f1000research.152362.1.
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Background The topic of Alternative Dispute Resolution (ADR) in civil and commercial contexts presents a contemporary legal challenge aimed at fostering equitable solutions. Among ADR methods, mediation stands out for its ability to reduce time, costs, and litigation duration. This study explores the conceptual framework, essential conditions, and procedural aspects of mediation. It evaluates the sufficiency, regulation, and effectiveness of mediation principles in conflict resolution and risk mitigation. Methods This study is conducted through a comprehensive review of current literature on Alternative Dispute Resolution methods, with a particular focus on mediation as an alternative to dispute settlement. The study utilizes qualitative analysis techniques to examine the effectiveness of mediation principles and their application in resolving civil and commercial disputes. Comparative analyses are also conducted to extract useful insights from various legal systems and authorities. Results The study provides an analysis that illustrates the effectiveness of mediation in resolving disputes, emphasizing its potential benefits in terms of time and cost savings, as well as its srole in facilitating amicable resolutions. The results of this study shall contribute to the current body of knowledge on mediation and provide practical recommendations for its application in diverse legal contexts. Conclusion In conclusion, the study proposes strategies to enhance mediation practices, promote a culture of its adoption, and integrate it more closely into the judicial system. Additionally, it anticipates the future effectiveness of mediation in jurisdictions lacking comprehensive legislation, drawing from successful Western experiences to guide potential developments in Arab legal frameworks.
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Zarosylo, Volodymyr, Oleksandr Kaplya, Kyrylo Muraviov, and Dmytro Myniuk. "Application of forms of alternative dispute resolution in Ukraine." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 4, no. 7 (July 15, 2022): 231–40. http://dx.doi.org/10.52028/rbadr.v4i7.14.
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Resolving legal conflicts is one of the main tasks of any state. This function is in most cases entrusted to the judiciary, but as experience shows, the court alone cannot ensure the effective functioning of the legal dispute resolution system. For every democratic state, the availability of an alternative is important, and the subject of law must be able to choose the ways of resolving legal disputes. Today in the world there are such alternative ways of resolving disputes as: arbitration, mediation, consultation, negotiations, intersession, conciliation procedure and others. The purpose of the article is to identify the advantages and disadvantages of alternative dispute resolution methods. The article analyzes the literature on this topic, and also presents the features of alternative ways of dispute resolution, which allows us to identify their advantages and disadvantages as a legal procedure. The existence in most countries of the world of alternative dispute resolution is to some extent positive for the parties to the conflict, because dispute resolution through arbitration, mediation, negotiation, consultation and other alternative dispute resolution allows to resolve it without state intervention and they can be solved much faster. Alternative dispute resolution can to some extent be a source of savings money for the state, as they exist independently and do not require funds to provide them from the state, while in Ukraine the system of commercial courts annually requires a fairly large cost of maintaining such courts
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Wiguna, Made Oka Cahyadi. "Peluang Penyelesaian Sengketa Perdata Tentang Tanah Melalui Alternative Dispute Resolution." Masalah-Masalah Hukum 47, no. 1 (January 30, 2018): 47. http://dx.doi.org/10.14710/mmh.47.1.2018.47-55.
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AbstractThe current developments, there are many land disputes that are vertical or horizontal. Issues concerning land affairs are often caused by salim claims over land rights. The intended land dispute is a civil dispute concerning the land. Achieving a win-win solution in the settlement of civil disputes over land is relatively difficult to materialize, if the settlement is resolved through a trial (litigation). The choice of law that can be chosen to obtain and realize a win-win solution in solving civil disputes over land is of course through alternative dispute resolution. By way of negotiation, mediation and conciliation. In the course of the settlement of civil disputes over land settled through alternative dispute resolution, the settlement can not ignore the applicable legal principles of the treaty. Keywords: Land civil disputes, alternative dispute resolution and principles of contract.AbstrakPerkembangan yang terjadi saat ini, banyak terjadi sengketa pertanahan yang bersifat vertikal maupun horizontal. Permasalahan mengenai pertanahan yang terjadi sering disebabkan akibat salim klaim penguasaan hak atas tanah. Sengketa tanah yang dimaksudkan adalah sengketa perdata tentang tanah. Mewujudkan win-win solution dalam penyelesaian sengketa perdata tentang tanah relatif sulit dapat terwujud, apabila penyelesaiannya diselesaikan melalui sidang peradilan (litigation). Pilihan hukum (choice of law) yang dapat dipilih untuk memperoleh dan mewujudkan win-win solution dalam menyelesaikan sengketa perdata tentang tanah tentunya adalah melalui alternative dispute resolution. dengan cara negosiasi, mediasi dan konsiliasi. Dalam rangka penyelesaian sengketa perdata tentang tanah diselesaikan melalui alternative dispute resolution, maka penyelesaiannya tidak dapat mengabaikan asas-asas hukum yang berlaku mengenai perjanjian. Kata Kunci : Sengketa perdata tanah, alternatif penyelesaian sengketa dan asas-asas perjanjian.
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Hartati, Margaret. "Impact and Resolution of Franchise Disputes: Review of Legal Cases and Alternative Dispute Resolutions for Franchise Brand Rights." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 2 (December 1, 2023): 1086–92. http://dx.doi.org/10.57235/qistina.v2i2.886.
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This study aims to analyze the impact arising from disputes in the franchise industry, with a focus on disputes related to trademark rights deviation. In order to understand the complexity of these disputes, this study involves reviewing legal cases involving parties in franchise relationships and identifying the types of infringement that are common in relation to franchise trademark rights. In addition, this study also analyzes alternative dispute resolution that can be used to resolve conflicts between franchisees and franchisors. In this analysis, alternative dispute resolution such as mediation, arbitration and negotiation are evaluated to understand their effectiveness and suitability in the context of franchise disputes. It is hoped that the results of this research will provide in-depth insight into the impact of franchise disputes on the parties involved and identify effective dispute resolution strategies to reduce potential losses and promote healthy relationships between franchisees and franchisors.
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Zaitseva, L., E. Gomes, S. Racheva, and V. Cruz. "Intermediary in a Collective Labor Dispute Resolution." BRICS Law Journal 6, no. 2 (June 13, 2019): 33–59. http://dx.doi.org/10.21684/2412-2343-2019-6-2-33-59.
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Collective labor disputes based on the differences in economic interests between workers and employers can be effectively resolved exclusively through conciliation procedures. Contemporary alternative methods arose mostly due to the necessity to resolve collective labor disputes; mediation for this purpose is applied differently in various countries. National legislation equally provides various means for collective labor dispute resolutions and determines relevant intermediary procedures. An intermediation in a collective labor dispute resolution can be private and/or state-appointed and mandatory or alternative and remains a very perspective means of alternative dispute resolution. An analysis of different countries’ legislation distinguishes several common features of intermediation in collective labor disputes, concerning mainly the goals, objectives and principles. For bodies and persons conducting intermediation, the degree of compulsion in their decisions varies greatly from country to country. However, the obtained experience reveals common and distinctive procedural features and provides the possibility to classify existing approaches, having combined them into groups. The analysis also follows general development trends of collective labor dispute intermediation in different countries and identifies several shortcomings that are characteristic to different systems of intermediation legal regulation. Further research on the most effective ways of collective labor dispute conciliation is necessary for establishing new harmonious labor relations as the grounds for social progress.
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Оніщик, Юрій. "Альтернативні способи вирішення митних спорів." Krakowskie Studia Małopolskie 36, no. 4 (2022): 122–39. http://dx.doi.org/10.15804/ksm20220408.
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The article is devoted to clarifying the nature and features of legally established alternative ways of resolving customs disputes in Ukraine. The spheres of application of alternative ways of resolving legal disputes are established. It is emphasized that alternative ways of resolving legal disputes can be used in both private and public spheres. Alternative ways of resolving customs disputes in court are identified: dispute resolution with the participation of a judge and conciliation of the parties. The specifics of these methods of resolving customs disputes are described. Attention is drawn to the fact that among scholars there is no single approach to understanding the nature and legal nature of the institution of dispute resolution with the participation of a judge. It is concluded that dispute resolution with the participation of a judge is an independent way of resolving customs disputes, which is coordinated directly by the judge. It is pointed out that the application of the institute of dispute resolution with the participation of a judge in customs disputes is limited, namely: in cases at the request of customs authorities in the exercise of their statutory powers and in typical cases. It is emphasized that the role of the institution of conciliation of the parties as a way of resolving customs disputes is that its application is possible at any stage of proceedings in customs disputes in the administrative proceedings of Ukraine. The author’s understanding of the following categories is given: «alternative ways of resolving customs disputes» is a set of procedures aimed at peaceful settlement of conflicts by mutual will of both parties; «settlement of a dispute involving a judge» is a way of resolving customs disputes involving a judgerapporteur for the peaceful settlement of the conflict between the parties; «reconciliation of the parties» is a way of resolving customs disputes, which is aimed at peaceful settlement of the conflict in court by mutual will of both parties. It is stated that in resolving customs disputes in court, dispute resolution with the participation of a judge can be applied only before the trial on the merits, and conciliation of the parties – at any stage of consideration and resolution of the case. It is noted that the existing legal regulation of alternative ways of resolving customs disputes needs to be updated, harmonized and systematized. In order to ensure effective functioning of alternative methods of resolving customs disputes in Ukraine, it is proposed at the legislative level to provide that in addition to administrative and judicial procedures, customs disputes may also be resolved using alternative methods and regulate pre-trial and judicial alternatives.
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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 (February 13, 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, emphasizing the advantages of ADR, including time and cost savings, confidentiality, and relationship preservation. This paper provides a better understanding of these mechanisms for anyone involved in construction projects. Furthermore, the paper offers a strategic approach to choosing the most suitable ADR method, considering factors such as financial constraints, organizational dynamics, legal requirements, and the nature of the dispute.
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Yuli Susanti, Anastasia, and Sabela Gayo. "The Use of Mediation as an Alternative Dispute Resolution in the Settlement of Banking Disputes." International Journal of Research and Review 10, no. 4 (April 21, 2023): 330–39. http://dx.doi.org/10.52403/ijrr.20230441.
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Banking dispute settlement must be settled first by the Financial Services Business actors (Consumer Complaint division that must be owned by every Financial Services actors including banks) and if an agreement is not reached then it can be resolved through Alternative Dispute Resolution institutions that are not only mediation but also adjudication and arbitration that must be established by the Banking Association. The research results of Alternative Dispute Resolution institutions of the banking sector should also have dispute resolution in the form of mediation, adjudication, and arbitration. Dispute resolution mechanism in the form of mediation applying the principles of accessibility, idenpendensi, fairness, and efficiency and effectiveness, a series of customer protection systems will increase customer confidence in the Bank and bring a positive impact on the development of the banking industry in realizing a financial system that grows continuously and stably. Settlement of disputes outside the court before and after, in Article 2 POJK Number 1 / POJK.07/2014 on Alternative Dispute Resolution institutions in the Financial Services Sector. Conducted through LAPSPI as an alternative dispute resolution institution in the banking sector registered in the LAPS list set by OJK. Keywords: Alternative Dispute Resolution, Banking Dispute, Financial Services Authority
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Ugli, Yuldoshbekov Avazbek Alisher. "ROLE AND IMPORTANCE OF TAX CONSULTING IN ALTERNATIVE RESOLUTION OF TAX DISPUTES." American Journal of Political Science Law and Criminology 6, no. 1 (January 1, 2024): 16–19. http://dx.doi.org/10.37547/tajpslc/volume06issue01-04.
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The author of this article describes the theoretical and practical aspects of legal mechanisms for alternative dispute resolution. In this scientific work was carried out a systematic analysis of the norms of alternative resolution of tax disputes established by the Tax Code and other regulatory legal acts of the Republic of Uzbekistan, was conducted a comparative study of foreign experience in this area, were analyzed existing problems, were developed recommendations for their solution and were given proposals for improving legislation in the analyzed area. At the same time, has been analyzed the works, that carried out in our country on the alternative resolution of tax disputes, as well as on the prevention, identification and elimination of possible disputes in the tax area. Separately noted, that today the sphere of tax consulting in the country is being formed systematically and in stages. Also, author of this article analyzed the large-scale systematic work carried out to create a fair, transparent tax system for taxpayers and bring the system of alternative dispute resolution in line with international standards, as well as to strengthen the protection of the rights and legitimate interests of taxpayers.
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Permatasari, Adinda Destaloka Putri. "Comparison Of Arbitration Dispute Resolution In Business Between Indonesia And United States Of America." Journal of Private and Commercial Law 6, no. 2 (November 28, 2022): 183–200. http://dx.doi.org/10.15294/jpcl.v6i2.30289.
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AbstractBusiness activities always allow for a dispute between the parties involved. As a result of such disputes the parties always want a quick resolution Delays in resolving trade disputes will result in inefficient economic development, decreased productivity, and otherwise increased production costs. This not only hinders the improvement of health and progress of workers, but also harms consumers. To resolve business disputes, the parties have the freedom to choose what dispute resolution forum to choose. Business disputes that arise may not be left alone, but it is necessary to find an alternative solution appropriately so as not to be prolonged and cause substantial losses. Alternative dispute resolution is not only known in Indonesia but also in other countries, one of which is Indonesia, in this paper the author will discuss about alternative dispute resolution in the field of business between Indonesia and America. Â
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Asis, Larasati Fitriani. "ALTERNATIVE DISPUTE RESOLUTION (ADR) BERBASIS AL-QUR’AN." TARUNALAW : Journal of Law and Syariah 2, no. 01 (January 31, 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 context, not only because of its conformity with Islamic values, but also because of its ability to offer effective and sustainable solutions to resolve disputes in society fairly. Abstrak Penyelesaian sengketa adalah bagian integral dari sistem hukum yang berfungsi untuk menjaga kedamaian dan keadilan dalam masyarakat. Salah satu pendekatan alternatif yang semakin mendapatkan perhatian adalah Alternatif Penyelesaian Sengketa (Alternative Dispute Resolution - ADR). Artikel ini bertujuan untuk menyajikan Alternatif Penyelesaian Sengketa (APS) berbasis Al-Qur'an. Metode penelitian yang digunakan adalah kajian literatur, dengan meninjau teks Al-Qur'an dan literatur terkait Alternatif Penyelesaian Sengketa (APS) serta hukum Islam. Hasil penelitian menunjukkan bahwa penyelesaian sengketa berbasis Al-Qur'an dapat menjadi alternatif yang berharga dalam konteks modern, tidak hanya karena kesesuaiannya dengan nilai-nilai Islam, tetapi juga karena kemampuannya untuk menawarkan solusi yang efektif dan berkelanjutan untuk menyelesaikan sengketa dalam masyarakat dengan adil.
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Jamillah, Jamillah, and Maswandi Maswandi. "Alternative Dispute Resolution In Cyber Dispute Resolution With Mediation Techniques." SASI 29, no. 1 (March 11, 2023): 134. http://dx.doi.org/10.47268/sasi.v29i1.1289.
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Introduction: Law enforcement and protection for cyber cases is focused on the protection of cyber victims consisting of physical or psychological violence, retaliation, humiliation, and mistreatment of people who commit cyber crimes, the sophistication of the media makes people often involved with cyber crimes. Where the focus of this paper discusses alternative cyber dispute resolution.Purposes of the Research: The purpose of this study is to explain the concept of cyber dispute resolution by using mediation as an option.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: Cyber dispute resolution, cyber crimes that can be done anywhere, even with the sophistication of technology today is possible for a criminal to use equipment that allows difficult or even untraceable places about where the crime was committed so that the first step in alternative dispute resolution is using persuasive ways with mediation mechanisms and then further, improving the quality of law enforcement in, make the law as the basis in every action in order to create equality before the law and the rule of law.
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Dahlan, Nur Khalidah, Mohd Rizal Palil, Mohamad Abdul Hamid, and Noor Inayah Yaakub. "KAEDAH PENYELESAIAN PERTIKAIAN ALTERNATIF DARI SUDUT SYARIAH DI MALAYSIA ALTERNATIVE DISPUTE RESOLUTION METHODS FROM THE SYARIAH PERSPECTIVE IN MALAYSIA." Journal of Nusantara Studies (JONUS) 2, no. 1 (June 30, 2017): 86. http://dx.doi.org/10.24200/jonus.vol2iss1pp86-98.
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Family and marital disputes are commonly heard cases in our daily lives. The trial courts and the alternative resolution methods may be used for the parties involved in the disputes to settle their problems. This paper reviews the aspects of the legal provisions concerning the jurisdiction of courts (civil and Syariah) and also the alternative dispute resolution methods. Some of the proposed alternative methods are arbitration, mediation, and sulh. These alternative resolution methods may be used to avoid the tedious court processes and to reduce the cost of settling the disputes. The alternative methods are strongly encouraged in Islam and there are clear guidelines in Malaysia regarding the ways to employ the alternative methods. The use of the alternative methods is effective as reflected in the number of cases which have been succesfully solved using the methods. This paper concludes that Muslim community in Malaysia has the convincing options to resolve their family / marital disputes either in courts or through the alternative resolution methods. Keywords: Syariah Court, Alternative Dispute Resolution, Sulh Council, Arbitration, Mediation.Cite as: Dahlan, N.K., Palil, M.R., Abdul Hamid, M., & Yaakub, N.I. (2017). Kaedah penyelesaian pertikaian alternatif dari sudut syariah di Malaysia [Alternative dispute resolution methods from the syariah perspective in Malaysia]. Journal of Nusantara Studies, 2(1), 86-98.
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., Noviansyah, and Sabela Gayo. "The Use of Mediation as Alternative Tax Dispute Resolution." International Journal of Research and Review 10, no. 1 (January 10, 2023): 133–43. http://dx.doi.org/10.52403/ijrr.20230114.
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Legal remedies that can be taken by taxpayers in the event of a tax dispute by filing an objection to the objection institution located in the Directorate General of taxes. This objection is essentially a legal remedy that is outside the Tax Court to seek justice in tax disputes. The problem is that there are several weaknesses related to fairness to objection institutions in processing objections that exist today, namely: the psychological pressure on the objection reviewer, the organizational structure that is not independent, human resource management, especially the objection review team that has not been optimal. To overcome these problems alternative dispute resolution should use mediation mechanism because it can overcome the buildup of cases in court so that an effective instrument is needed because some countries such as Australia, Britain, America, Canada use mediation as an alternative to tax dispute resolution. Keywords: Alternative Dispute Resolution, Tax Dispute, Property
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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 (December 15, 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, problems, misunderstandings, and disputes. Therefore, Islam cannot let its followers find the solution for such matters without providing a way out as well as instilling the spirit of Islam in it. When solving a dispute, Islam promotes a method based on the principle of ‘al-Sulh’ which simply means peace. Islam truly encourages the practice of sulh as it highlights efforts of peace-making through acceptance. Prophet Muhammad S.A.W very much encouraged his followers to seek peace and avoid having disputes with one another. There is an event involving Prophet Muhammad S.A.W. solving a dispute among the Quraisy dignitaries regarding the right to place the Hajar al-Aswad that proves the practice of sulh is very much promoted in Islam. This research uses the qualitative method and document analysis, literary research and scientific journals. The research is hoped to provide insights on the Alternative Dispute Resolution via sulh processes and its kind in the perspective of Islam.
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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 (March 14, 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 in the economy and business of sharia Arbitration is a method of dispute resolution that can be chosen by parties who have problems or disputes. In the settlement of disputes in the court there is a tiered procedure, in the district court, high level, the Constitutional Court, PK etc., while in arbitration there are stages. Apart from that, if the decisions are different, an appeal is still possible in court if no agreement is reached, however in arbitration it is final and binding (final and binding). Advantages The arbitration procedure is carried out closed, not open to the public (confidential), not too formalistic as is the case in court. The parties may choose a person who is trusted to be the arbitrator. The aim of arbitration and alternative dispute resolution outside the court is the same as through court channels, namely to uphold justice. The only difference is that the court is a State Court, which is general in nature. Arbitration is a commercial business court or commercial court.
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Pawlowski, Radoslaw. "ALTERNATIVE DISPUTE RESOLUTION FOR HAGUE CONVENTION CHILD CUSTODY DISPUTES." Family Court Review 45, no. 2 (April 2007): 302–21. http://dx.doi.org/10.1111/j.1744-1617.2007.00145.x.
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Levine, R. E., and M. V. Topic. "Using alternative dispute resolution mechanisms to resolve patent disputes." Journal of Intellectual Property Law & Practice 7, no. 2 (January 23, 2012): 119–25. http://dx.doi.org/10.1093/jiplp/jpr199.
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