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1
x, Shahruf. "Methods of Alternative Dispute Resolution in India." International Journal of Science and Research (IJSR) 11, no. 8 (2022): 523–25. http://dx.doi.org/10.21275/mr22806102056.
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Gayo, Sabela. "RESOLVING ENVIRONMENTAL DISPUTE WITH MEDIATION METHOD." International Asia Of Law and Money Laundering (IAML) 1, no. 1 (2022): 23–29. http://dx.doi.org/10.59712/iaml.v1i1.5.
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Dispute the Environment is a dispute between two or more parties that posed the presence or suspected presence of contamination and / or destruction of the environment. Dispute settlement environment in the outer court was held to reach an agreement regarding the form and amount of compensation and/or for specific actions to ensure the will not the occurrence or recurrence of a negative impact on the environment. In the settlement of disputes environment outside the court can use the services of a third party, both of which do not have the authority to take decisions and who has the authority to take decisions, to help resolve disputes environment. Mediation is one form of dispute resolution environment outside the court. In order to resolve the dispute the environment outside the court, then the mechanism is the use of Alternative Dispute resolution as stipulated in Law No. 30 of 1999 on Arbitration and Alternative Dispute resolution. The mediation can also be used to resolve environmental disputes in Court that the mechanism is based on the PERMA No. 1, 2008 on the Procedure of Mediation in the Court
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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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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 (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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Widjaja, Gunawan. "Managing Legal Disputes Through Alternative Disputes Resolution." Journal of Ecohumanism 3, no. 3 (2024): 451–60. http://dx.doi.org/10.62754/joe.v3i3.3347.
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Dispute management is an attempt to resolve a dispute or conflict through alternative dispute settlement strategies in a legal context. Alternative dispute resolution methods, such as negotiation, mediation, and arbitration have been widely used in dispute settlement in a variety of situations. The method of research carried out in this research is to discuss the related literature according to the title of the research. The results of this study conclude that alternative dispute settlement strategies can be an effective alternative to litigation in settling disputes. These alternative dispute methods provide advantages such as faster processes, and lower costs, and allow the parties involved to be more active in finding mutually beneficial solutions. In addition, alternative dispute settlement strategies can also help maintain relationships between the parties involved in the dispute. In mediation and negotiation, open communication and cooperation are promoted, which can avoid greater conflict and enable the building of better relations in the future. However, it is important to remember that alternative dispute settlement strategies are not always suitable for every situation. In some cases, litigation can still be the best option, especially when a dispute involves a complex issue or if one of the parties refuses to participate in an alternative settlement effort. Overall, dispute management and alternative dispute settlement strategies are important efforts in minimizing conflict and achieving a fair and beneficial settlement for all parties involved. Understanding the advantages, disadvantages, and appropriate context for using alternative dispute settlement strategies is key in navigating the dispute settlement process well.
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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 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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Sopamena, Ronald Fadly. "Alternative Dispute Resolution Dalam Sengketa Bisnis Internasional." Balobe Law Journal 2, no. 1 (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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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, 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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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 resolution according to Indonesia’s positive law and contributing to the field of health law. The study addresses the ambiguity and conflict of norms related to medical dispute resolution by employing normative legal research with a statute approach, supported by descriptive and evaluative analysis. The results indicate that, according to Article 310 of Law Number 17 of 2023, medical disputes must be resolved through non-litigation channels. Among the available ADR methods, arbitration offers advantages over mediation due to its binding final decision, making it more efficient for both parties. The legal foundation for arbitration in medical dispute resolution is outlined in Law Number 30 of 1999 concerning arbitration and alternative dispute resolution. Consequently, arbitration presents a new paradigm for resolving medical disputes in accordance with Indonesian positive law.
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DIAKONOVA, M. O. "ALTERNATIVE METHODS TO RESOLVE CONSUMERS DISPUTES." Herald of Civil Procedure 10, no. 6 (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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Sasmiar, Sasmiar, Umar Hasan, and Suhermi Suhermi. "LEGAL CERTAINTY OF ALTERNATIVE DISPUTE RESOLUTION MEDIATION." Bengkoelen Justice : Jurnal Ilmu Hukum 14, no. 1 (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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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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Badrul Hisham, Nurul Athirah, Afika Syamrina Benamri, Fatin Afiqah Md Azmi, and Zurairatul Zakiah Dss Haji Rajid. "Alternative Dispute Resolution Method for Resolving Estate Distribution Conflicts." Environment-Behaviour Proceedings Journal 10, no. 31 (2025): 259–64. https://doi.org/10.21834/e-bpj.v10i31.6419.
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Conflicts over inheritance distribution led to significant issues, preventing heirs from utilizing assets meant to benefit them. In Malaysia, an accumulation of RM90 billion of frozen assets from unresolved inheritance cases highlights the need for improved resolution strategies. Using a qualitative approach, this study identifies key issues of conflicts, including family disagreements, communication challenges, outsider interference, and third-party disputes, e.g. financial institutions. The findings suggest mediation as an effective alternative dispute resolution method to resolve estate distribution disputes due to its timely and cost-effective solutions to address these conflicts and improve inheritance distribution.
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Panov, Alen, Nataliia Volkova, Liudmyla Panova, Dmytro Sichko, and Nataliia Petrenko. "Alternative ways of resolving disputes in the field of contract law." Revista Amazonia Investiga 13, no. 76 (2024): 258–73. http://dx.doi.org/10.34069/ai/2024.76.04.21.
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In today's world, the speed and efficiency of resolving disputes in the field of contract law are of great importance for businesses and individual participants. Traditional litigation is often notorious for its length and high costs. In this regard, alternative methods, such as mediation and arbitration, are gaining more and more popularity. Their advantages, such as speed, confidentiality, and greater party autonomy, make them attractive for the resolution of contractual disputes. The article explores alternative dispute resolution methods in the field of contract law, including mediation, arbitration, and confidential settlement. The purpose of the study is to analyze alternative ways of resolving disputes in the field of contract law. Research methodology includes such methods as empirical method, comparative analysis method, forecasting method, and logical methods. As a result of the study, alternative ways of resolving disputes in the field of contract law and the advantages of each method compared to traditional court proceedings are considered and also provide examples of successful application in practice. The results of the study show that alternative dispute resolution methods in the field of contract law, such as mediation, arbitration, and confidential settlement, have some significant advantages compared to traditional litigation. In addition, current trends in the use of these alternative methods in modern contract law are investigated. The study also indicates that the success of these alternative dispute resolution methods in the field of contract law depends on mutual trust between the parties, who are ready to work together to achieve a mutually beneficial resolution of the conflict.
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Fidria, Y. O. "Alternative dispute resolution methods: theoretical and practical aspects." Uzhhorod National University Herald. Series: Law 2, no. 86 (2025): 242–47. https://doi.org/10.24144/2307-3322.2024.86.2.37.
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The essence, classification, main characteristics and advantages of alternative dispute resolution methods are considered in the article. Existing approaches to defining the concept of «alternative dispute resolution methods» in foreign and domestic scientific literature and practice are considered. The advantages of alternative dispute resolution methods are named: informality; minimization of the time between the moment of the conflict and the application of the conciliation procedure, which makes it possible to resolve the conflict as quickly as possible; voluntariness; involvement in the procedure of direct participants in the disputed legal relationship, who have maximum information about the causes and circumstances of the conflict; unlimited possibility of involving representatives of the parties to the conflict; the simplest possible dispute resolution procedure; absence of significant costs of financial, organizational or other resources compared to the judicial procedure; confidentiality. The author’s attention is focused on the variety of alternative dispute resolution methods, the types, number and structure of which may differ depending on the legal traditions and peculiarities of the country’s legislation. It is proposed to distinguish three groups of alternative dispute resolution methods: basic, derivative and hybrid. The basic ones include negotiations, arbitration and mediation – types of alternative dispute resolution methods that are historically primary and are considered the main and most widespread. Pre-arbitration settlement, early neutral evaluation, independent expert opinion, conciliation, simplified jury trial, minitrial, ombudsman, dispute settlement with judicial participation and other alternative methods of dispute resolution that have arisen in the process of evolution and expansion of non-judicial forms are proposed to be called derivative alternative dispute resolution methods. Hybrid methods of alternative dispute resolution are called med-arb and arb-med, which are combinations of two basic procedures: arbitration and mediation. It is noted that such procedures as arbitration, labor arbitration, conciliation commission, mediation and dispute settlement with judicial participation are enshrined in laws in our country. The article substantiates the importance and necessity of developing alternative dispute resolution methods. The effectiveness of their application in international practice is illustrated on the basis of specific statistical data.
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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 resolving disputes. The advantages and significance of resolving disputes through an informal judicial system have been demonstrated by research. The study shows that the ADR mechanism has been very effective in the past and with simple and cost-effective methods of dispute resolution, it can provide speedy access to justice today.
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Riyantika, Annisa, and David Aprizon Putra. "Pertanggungjawaban Hukum Kepada Lender dari Konsep Bisnis Inventory Financing serta Penyelesaian Sengketa." Ius Civile: Refleksi Penegakan Hukum dan Keadilan 8, no. 1 (2024): 104. http://dx.doi.org/10.35308/jic.v8i1.8754.
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The Inventory Financing business model is starting to develop in the peer-to-peer lending system in Indonesia. The development factor from peer-to-peer lending to Inventory Financing is the existence of collateral that is still controlled by the borrower (debtor). This research examines the legal responsibility of the lender in Inventory Financing, and dispute resolution when one party is negligent in performing its obligations. This article aims to find Inventory Financing arrangements that protect lenders and dispute resolution methods of Inventory Financing. This research uses a normative juridical method (desk research) using secondary data, namely laws and regulations and theories of contract law, development law, and legal protection. The findings in this study are that Inventory Financing is still not regulated, so it has the potential to cause disputes in its implementation. Another finding is that the method of resolving inventory financing disputes can be done through judicial and non-judicial institutions (Alternative Dispute Resolution Institutions). Alternative Dispute Resolution Institutions can be ideal because they can resolve problems quickly, easily, and cheaply.Keywords: Alternative Dispute Resolution Institution, Financial Services Authority, Peer to Peer Lending
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Kathryn, Morse, Taufiq Amini, Kalijunjung Kalijunjung, Pitriani Pitriani, and Arief Fahmi Lubis. "Evaluation of the Effectiveness of Mediation as an Alternative for Civil Dispute Resolution: Quantitative Research in District Courts." Rechtsnormen Journal of Law 2, no. 2 (2024): 166–76. http://dx.doi.org/10.55849/rjl.v2i2.919.
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Background. Background This research is based on the need for an effective alternative for the resolution of civil disputes in the District Court due to the problems that often arise in the conventional justice system. Mediation has been considered as one of the promising alternatives, but there has been no thorough evaluation of how effective this method is in the context of the District Court. Purpose. This study aims to quantitatively evaluate how effective mediation is as an alternative to civil dispute resolution in the District Court. Method. The quantitative method collects data through surveys and interviews with mediation participants. The aim was to determine how effective mediation is as an alternative to civil dispute resolution in the district courts. The data collected was then analyzed to identify factors that influence the success of mediation. Results. This study shows the success rate of mediation as a civil dispute resolution option in the District Court and the factors that influence the outcome. Conclusion. This study found that mediation can serve as an effective alternative to civil dispute resolution in the District Court. However, the study also emphasizes that further attention is needed to the factors that determine the success of mediation. The research also provides a basis for policy and practice recommendations that can improve the success of mediation in civil dispute resolution in the District Courts.
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Siti Mutmainah. "Analisis Hukum Online Dispute Resolution dalam Penyelesaian Sengketa Non-Litigasi." Deposisi: Jurnal Publikasi Ilmu Hukum 2, no. 4 (2024): 82–98. http://dx.doi.org/10.59581/deposisi.v2i4.4204.
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Article 1 point 10 of Law Number 30 of 1999 concerning alternative dispute resolution, is a form of dispute resolution outside the court, including mediation. Alternative dispute resolution, the parties are assisted by a third party in resolving the dispute with a mediator. The alternative dispute resolution law provides a variety of non-litigation dispute resolution options. It should be emphasized that the option of dispute resolution with alternative dispute resolution is limited to disputes in the civil field. The purpose of this study is to determine the application of mediation through online dispute resolution in Indonesian laws and regulations as well as to find out the obstacles and challenges in the implementation of online dispute resolution mediation in an effort to resolve disputes in a non-litigation manner. The research method used is using the empirical juridical approach method, the research specification used in this study is descriptive analytical. The type of data in this study uses qualitative data while the data source uses primary data, namely interviews, observations, and secondary data, namely by studying the provisions of laws and regulations, other regulations, researching principles, conceptions, views, doctrines, and legal rules through books, journals, papers, and research results, the results of data analysis to answer problem issues. Conclusion The application of mediation through Online Dispute Resoution in laws and regulations in Indonesia is regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. Article 5 paragraph (3) of PERMA Number 1 of 2016 concerning Mediation Procedures in Court. The obstacles to the implementation of Online Dispute Resolution depend on the good faith of the parties and the equipment used. Mediation is difficult to reach an agreement if the parties do not provide information clearly and transparently, and are constrained by the equipment used.
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Utama, Meria, and Irsan Irsan. "General Overview on Selecting and Drafting Construction Contract Disputes Resolution." Sriwijaya Law Review 2, no. 2 (2018): 152. http://dx.doi.org/10.28946/slrev.vol2.iss2.129.pp152-169.
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A good international contract as the experts considered is the most complicated one the parties must draft carefully. It involves many stakeholders and containing documents to attach likewise financial judgment, technical specifications, work scope, rights, obligation, responsibility and other external factors which are beyond the parties’ consideration. A good design contract will prevent the parties from disputes. The dispute settlement mechanisms should be explicitly stated in the international construction contract. The nullity of the choice dispute settlement mechanisms or in the absence of the choice dispute settlement mechanisms and also the unperformed of the contract purposes will not prevent the dispute from being occurred. The most common process to resolve disputes is through litigation, but the process takes time, energy and funding. The method of alternative dispute resolution (ADR) such as mediation, conciliation, mini-trial, arbitration or other ADR techniques eradicate all the obstacles above. The question arises then, how the parties select the best alternative disputes settlement mechanism and how it should be drafted in their contract. Normative legal research is the method employed to respond the problems. Therefore, this article will elaborate the methods that will effectively settle the constructions disputes and mechanism in drafting construction contract disputes resolutions provisions
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Hryhoriev, V. Yu, and V. S. Kryvoborodyi. "MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION METHOD." Juridical scientific and electronic journal, no. 4 (2023): 142–45. http://dx.doi.org/10.32782/2524-0374/2023-4/33.
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Fedorenko, Mykhailo Oleksandrovych. "The Mediation as a Method of Alternative Civil Dispute Resolution." Alʹmanah prava, no. 15 (September 1, 2024): 649–53. https://doi.org/10.33663/2524-017x-2024-15-649-653.
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This article is devoted to the study of mediation as one of the main alternative ways of resolving disputes of civil law nature in civil proceedings in Ukraine.The Mediation provides a structured and effective method of resolving conflicts between parties. It allows the parties to come to an agreement and find a mutually beneficial solution, bypassing lengthy and costly litigation. It’s important to note, that the mediation helps to reduce the burden on the judiciary, freeing up resources for more complex and contentious cases. It can speed up the dispute resolution process and reduce the cost of administrative procedures. During process of the mediation, the parties themselves make decisions about their future, which promotes their self-determination and autonomy. This is particularly important in the context of civil and commercial disputes, where the parties want to retain control over their rights, freedoms, property, ect. The main purpose of the article is to conduct the research of the theory of civil procedure law and national legislation with a view to studying the essence of mediation as an alternative method of resolving civil law disputes. Also an important aspect of the study is the necessity of the formulation of the scientific conclusions of improvement of the legislative regulation and development of the mediation institution. The study uses general scientific and special legal methods adopted in national jurisprudence: systemic, historical and legal, formal legal and other methods. In the course of the study of civil procedural peculiarities of mediation implementation in the context of dispute resolution, the following methods were also used: analysis, synthesis, induction, deduction, analogy and legal modelling. Focusing on the development of mediation as a means of resolving civil disputes and harmonisation national legislation with European standards are important components of the process of ensuring justice and stability in society. This path requires joint efforts of the state, the scientific community and international experts. By promoting mediation, reducing the burden on the judicial system and introducing a culture of peaceful conflict resolution, we are paving the way for a more integrated and humane society that meets European standards of law and democracy. Key words: The mediation, the civil process of Ukraine, alternative dispute resolution options.
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Hidayat Sumarna, Muhammad, O. Djunaedi, and Supot Rattanapun. "Juridical Review of Alternative Business Dispute Resolution as a Form of Consumer Rights Protection." Journal Evidence Of Law 3, no. 3 (2024): 499–509. https://doi.org/10.59066/jel.v3i3.941.
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The settlement of business disputes between consumers and business actors is an increasingly crucial issue along with the increasing complexity of transactions in the digital era and global economy. The purpose of this research is to analyze the role of the Consumer Dispute Resolution Agency (BPSK) in supporting alternative business dispute resolution as an effort to protect consumer rights in Indonesia and analyze the effectiveness of alternative business dispute resolution in protecting consumer rights in Indonesia. The method used in this research is normative juridical research. The results showed that BPSK plays an important role in providing more effective alternative dispute resolution for Indonesian consumers through mediation, conciliation, and arbitration mechanisms that are friendly, fast, and affordable. Through this approach, BPSK supports the protection of consumer rights and encourages fair and responsible business practices among business actors. The effectiveness of alternative business dispute resolution also creates flexible and efficient solutions, addressing consumer justice needs in a cheaper and faster way. Despite some challenges, ADR provides a favorable solution for consumers and businesses in resolving business disputes..
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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 (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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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, 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 (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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Saeb, Abdollah, Mohd Suhaimi Mohd Danuri, Othman Mohamed, and Norhanim Zakaria. "A Mechanism for Dispute Resolution in the Iranian Construction Industry." Journal of Construction in Developing Countries 26, no. 1 (2021): 205–26. http://dx.doi.org/10.21315/jcdc2021.26.1.10.
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If disputes are not resolved promptly, they tend to become prolonged and escalated, creating a more complicated and less manageable scenario. Therefore, in this study, we formulated a mechanism for dispute resolution in the Iranian construction industry based on alternative dispute resolution methods. The formulated mechanism could aid disputing parties in the construction industry to settle their disputes more effectively and enhance dispute resolution methods in construction standard forms. To achieve this goal, we collected qualitative data using semi-structured interviews with 30 experts who were selected via purposive sampling method. We used MAXQDA software to manage and organise complete interview transcripts and facilitate the qualitative data analysis process. The proposed mechanism and guidance were finally validated using the survey questionnaire. Negotiation has equal potential for dispute resolution with different sources, and it is recommended as the first step in dispute resolution with any source. According to the results, we recommend a three-step resolution mechanism as follows: negotiation, a method based on sources of disputes and a hybrid method of adjudication and arbitration (Adj-Arb), as the appropriate mechanism for dispute resolution in the Iranian construction industry. Replacing arbitration with Adj-Arb in construction standard forms will have satisfactory results in resolving construction disputes and reply to growing criticism that arbitration is becoming more like litigation.
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Jamillah, Jamillah, and Maswandi Maswandi. "Alternative Dispute Resolution In Cyber Dispute Resolution With Mediation Techniques." SASI 29, no. 1 (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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El Salwa, Dinda Nisa, and '. Pranoto. "PROSES PENYELESAIAN SENGKETA DALAM GADAI SAHAM MELALUI LEMBAGA ALTERNATIF PENYELESAIAN SENGKETA (LAPS) SEKTOR JASA KEUANGAN." Jurnal Privat Law 12, no. 1 (2024): 28. http://dx.doi.org/10.20961/privat.v12i1.50478.
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<p><em>This article aims to find out the process of settling share pawn disputes </em><em>through the Institution of Financial Services Sector Alternative Dispute Resolution (LAPS). The research method used in this article is normative juridical research, with a statue approach. The sources of law materials used in this article are primary and secondary legal materials. The result of this article, show that the pawn dispute settlement process can be carried out in 2 (two) attempts, through the court or outside the court. The Financial Services Authority (OJK) established an Institution of Alternative Dispute Resolution (LAPS) for the Financial Services Sector which integrates with several dispute resolution institutions. Alternative dispute resolution on share pledges outside the court can be done through mediation, arbitration, or adjudication through the Institution of Alternative Dispute Resolution Institution (LAPS) in Financial Services Sector.</em></p>
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Goss, Joanne. "An Introduction to Alternative Dispute Resolution." Alberta Law Review 34, no. 1 (1995): 1. http://dx.doi.org/10.29173/alr1098.
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The author begins with a brief overview of the history and critical importance of alternative dispute resolution, or ADR. What follows is an in-depth and practical survey of various methods of ADR. For each, the author introduces the method, its history and terminology and then lists its benefits and drawbacks. This introduction serves as a comprehensive practical reference tool for practitioners, as well as laying the groundwork for many of the articles which follow.
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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 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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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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Sherman, Naser, and Bashar Talal Momani. "Alternative dispute resolution: Mediation as a model." F1000Research 13 (January 14, 2025): 778. https://doi.org/10.12688/f1000research.152362.2.
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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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Gerasimchuk, S. S. "Mediation as a type of alternative dispute resolution: definition, advantages and disadvantages." Uzhhorod National University Herald. Series: Law 1, no. 82 (2024): 270–74. http://dx.doi.org/10.24144/2307-3322.2024.82.1.41.
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The article analyzes the essence of mediation as one of the alternative ways of resolving disputes. The importance of alternative methods of dispute resolution as an institution of extrajudicial conflict resolution, which is a fairly popular method of protecting violated rights in most countries of the world, is emphasized. The author emphasized the proposition that mediation is not the only alternative way to resolve disputes, this group includes negotiations, arbitration, arbitration courts, independent assessment of facts, conciliation, medical-arb, etc. The actuality of the issue is determined by the fact that this institute is quite new for Ukraine, and is only now becoming widespread. The Law of Ukraine «On Mediation» is quite young, and the relevant legislative provisions are the latest for citizens. Doctrinal definitions of the concept of «mediation» are characterized, both on the example of European and Ukrainian legislation. The stages of mediation are highlighted. Examples of practical application of mediation between parties to a dispute are given. It has been established that mediation is an alternative way of resolving a civil dispute, which is aimed at reaching a mutually acceptable solution based on the mutually agreed will of the parties with the participation of an independent and impartial person (mediator). The use of mediation as a method of dispute resolution has certain advantages. First, saving money; secondly, the decision on the merits of the dispute is made by the parties themselves by mutual agreement; thirdly, saving time, since the preparation and consideration of the case in court is a longer process; fourth, confidentiality; fifth, preservation of partnership relations between the parties. The advantages and disadvantages of this type of alternative dispute resolution are analyzed. It was concluded that in order to spread mediation, it is necessary to create a wide circle of information about this topic, to raise the awareness of citizens about the presented type of alternative method of dispute resolution, to introduce mandatory mediation for certain categories of cases (for example, family, in particular, in the field of private legal relations), create a single register of mediators, organize special courses (specialization) for judges to develop approaches to resolving disputes, especially in the private law sphere.
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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 (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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Siregar, Abdul Rahman Maulana, Redyanto Sidi, and Rahul Ardian Fikri. "Mediation as an Alternative Dispute Resolution Outside the Court in the Context of Health Disputes Post-Enactment of Law Number 17 Of 2023 Regarding Health." International Journal of Research and Review 11, no. 2 (2024): 268–77. http://dx.doi.org/10.52403/ijrr.20240229.
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This paper undertakes a normative review of mediation as an alternative dispute resolution method outside the court, specifically in the realm of health disputes. The complexity of health-related conflicts involving diverse stakeholders, including patients, medical personnel, healthcare workers, and hospitals, necessitates a nuanced approach for effective resolution post the enactment of Law Number 17 of 2023 concerning Health. Resolving health disputes extrajudicially proves highly effective and beneficial, catering to the essential needs of patients, medical personnel, healthcare workers, and hospitals. The paper will elucidate the advantages of mediation as an alternative dispute resolution outside the court in the context of health disputes and the challenges associated with implementing mediation in this domain. Consequently, the research will underscore how mediation emerges as a potent tool for settling disagreements among the myriad parties entangled in health-related disputes. Anticipated outcomes of this paper include providing stakeholders, such as patients, medical personnel, healthcare workers, and hospitals, with a comprehensive understanding of mediation as an effective alternative for resolving health disputes outside the formal court system. Keywords: Mediation, Alternative Dispute Resolution, Health.
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Stanojević, Sanja. "Advantages of arbitration over court resolution of employment disputes." Pravo i privreda 59, no. 1 (2021): 19–34. http://dx.doi.org/10.5937/pip2101019s.
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An employment dispute is a dispute between a single worker and the employer, or between a trade union and employer or association of employers. The division of employment disputes is important because it indicates the method of the settlement of labour disputes. According to Serbian legal system, employment disputes can be settled in court or using one of the alternative labour dispute resolution methods (arbitration, conciliation, mediation). Based on the Law on the Amicable Settlement of Employment Disputes, an institution for the peaceful settlement of labour disputes was established - State Agency for Amicable Settlement of Employment Disputes. Arbitration is always voluntary. The Agency is to be in charge only if both parties accept to solve the dispute using arbitration. An individual employment dispute can be solved using arbitration only if that is allowed by work contract or a general employer act. A collective dispute can also be solved using arbitration. If one of the parties does not want to use an alternative method for solving the problem, arbitration cannot be an option. In that case, the only way to protect its rights is in court. The process of settling a dispute in court before a judge is an extremely strict and formal procedure required by law. The court is obligated to determine relevant facts and make a decision based on them. The judgment is binding for the parties and can be forcedly executed. Protection of rights is accomplished when the judgment or arbitration decision is made and executed. The arbitration decision can be voluntarily executed, unlike the judgment that can be forcedly executed. The arbitration decision cannot be forcedly executed and that is the main disadvantage of the arbitration. The arbitration procedure needs to be improved in order to guarantee the protection of rights.
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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 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, 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 (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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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 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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Оніщик, Юрій. "Альтернативні способи вирішення митних спорів". Krakowskie Studia Małopolskie 36, № 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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Ramadhani, Tengku Rahmah, Andri Brawijaya, and Imam Abdul Aziz. "Peran Lembaga Alternatif Penyelesaian Sengketa Perbankan Indonesia (LAPSPI) dalam Penyelesaian Sengketa Pembiayaan di Bank Syariah." TAWAZUN : Journal of Sharia Economic Law 4, no. 1 (2021): 14. http://dx.doi.org/10.21043/tawazun.v4i1.8996.
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<em>The purpose of this study was to determine the Role of the Indonesian Banking Dispute Resolution Alternative Institution (LAPSPI) in Financing Dispute Resolution at Islamic Banks and the dispute settlement process at LAPSPI. The method used is a qualitative descriptive method using content analysis. The data sources used are primary data and secondary data. Based on the results of research related to the role of the Indonesian Banking Dispute Resolution Alternative Institution (LAPSPI), it cannot be used as the main choice in assisting the settlement of problematic financing disputes because it does not have executive power and the decision is a peace agreement. The settlement process at LAPSPI is divided into 3 (three), namely mediation, adjudication and arbitration</em>
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Adedeji, John Oluyinka. "A LEGAL APPRAISAL OF NEGOTIATION AS AN ALTERNATIVE DISPUTE RESOLUTION PROCESS." AGORA INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES 18, no. 2 (2024): 1–12. https://doi.org/10.15837/aijjs.v18i2.6970.
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When disputes occur, it is not impossible for the disputing parties to attempt settling the disputes themselves. Negotiation is an amicable dispute settlement process that affords the disputants, an opportunity to settle their disputes by themselves without the intervention of a neutral third party. This article adopts desk-based method in appraising negotiation as an Alternative Dispute Resolution (ADR) process by examining what negotiation is, the potentials of negotiation as an ADR mechanism, the requirements and strategies for effective and efficient negotiation sessions. It also examined how negotiation can be better enhanced in settlement of contractual/commercial disputes where relationship fostering and continuity is important. The paper makes vital recommendations before conclusion.
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Sari, Rafiqa, Darwance Darwance, and Muhammad Syaiful Anwar. "The method of settling environmental conflicts in Indonesia: Alternative dispute resolution." E3S Web of Conferences 605 (2025): 03053. https://doi.org/10.1051/e3sconf/202560503053.
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Rapid progress poses significant dangers to environmental contamination and harm, leading to disruptions in the conservation of the local ecosystem. Damage to the environment and pollution represent a collective responsibility shouldered by society, with the government accountable for all expenses related to restoring the impacted environment. The issues concerning those responsible for environmental harm can be addressed through judicial means or alternative dispute resolution methods. The questions to consider are: First, how is the resolution of environmental conflicts handled outside of court when viewed from a civil law perspective? Second, what challenges exist in resolving disputes outside of the judiciary in Indonesia? The approach taken for this research is normative in nature. The findings indicate that settling disputes outside of court aims to achieve a compensation agreement that mitigates further negative impacts on the environment. Common challenges encountered in out-of-court dispute resolution include differing viewpoints between the party that has suffered harm and the party responsible, as well as the complexities associated with enforcing administrative law that can lead to the withdrawal of business permits, prompting the need to address cases of environmental damage through legal channels.
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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 (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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Roze, M. A. "Implementation of public legal mechanisms for alternative dispute resolution in the context of ensuring accessibility to justice." Siberian Law Herald 3 (2024): 93–99. http://dx.doi.org/10.26516/2071-8136.2024.3.93.
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A study of individual public legal mechanisms for alternative dispute resolution was carried out. The content of the concept of alternative dispute resolution is revealed, a conclusion is formulated about the need to develop public legal mechanisms for al-ternative dispute resolution as the obligation of the state to ensure adequate protection of rights and legitimate interests in the context of these mechanisms. The content and features of individual public mechanisms for resolving disputes are revealed using the example of adjudication, dispute resolution by the state ombudsman, as well as courts of aksakals and councils of biys. The conclusion is made about the admissibility of the reception of foreign models of public legal mechanisms for alternative dispute resolution through the prism of the established practice of dispute resolution and the use of alternative methods of dispute res-olution, as well as, taking into account ethnic and cultural aspects, the compliance of public legal mechanisms for alternative dis-pute resolution with the values of society and the presence of potential the demand for such procedures among citizens.
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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 organised and approachable procedure as a result of the passing of legislation like the Arbitration Act of 2055. Since ADR may provide justice in a timely and economical manner, the judiciary actively encourages it. The legislative frameworks, which include the Foreign Investment and Technology Transfer Act and the Development Board Act, offer a methodical approach to resolving issues through alternative dispute resolution (ADR), guaranteeing that parties have access to options including arbitration and mediation for effective dispute resolution. A well-known case like Rajendraman Sherchan v. Appellate Court and National Construction Company Appellate Court have helped to clarify ADR principles, especially in commercial disputes, supporting the legitimacy of ADR outcomes and encouraging the adoption of alternative dispute resolution practices.
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Nur, Hakim1* Roni Pandiagan2. "The Role of Alternative Business Dispute Resolution from a Legal and Consumer Protection Perspective." ISRG Journal of Multidisciplinary Studies (ISRGJMS) III, no. II (2025): 29–36. https://doi.org/10.5281/zenodo.14862884.
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<strong>Abstract</strong> <em>Settlement of business disputes between consumers and business actors is becoming an increasingly important issue amidst the increasing complexity of transactions in the digital era and economic globalization. This study aims to examine the role of the Consumer Dispute Resolution Agency (BPSK) in supporting alternative business dispute resolution as a measure to protect consumer rights in Indonesia and to analyze the effectiveness of these alternative mechanisms in providing protection for consumers. This study uses a normative legal method. The research findings show that BPSK plays a strategic role in providing a more efficient dispute resolution mechanism for Indonesian consumers through a friendly, fast, and affordable mediation, conciliation, and arbitration approach. With this approach, BPSK contributes to the protection of consumer rights and encourages business actors to run their businesses fairly and responsibly. In addition, alternative business dispute resolution has proven effective in providing flexible and efficient solutions, meeting consumer justice demands in a more cost-effective and time-efficient manner. Despite facing various challenges, the ADR mechanism offers significant benefits for both consumers and business actors in resolving business disputes.</em> <strong>Keywords:</strong><em> Business Disputes, Arbitration, Mediation, and Conciliation</em>
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Khadem Al-Sharieh Lahijani, Hossein. "Characteristics of Alternative Dispute Resolution Methods in the Regulations of the International Chamber of Commerce." Interdisciplinary Studies in Society, Law, and Politics 3, no. 4 (2024): 156–65. https://doi.org/10.61838/kman.isslp.3.4.14.
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The International Chamber of Commerce (ICC) has important regulations regarding the resolution of international commercial disputes. The significance of these regulations and the growing importance of alternative dispute resolution (ADR) methods in commercial relationships have made it essential to examine the ICC's regulations in this regard. The aim of this article is to explore the key characteristics of ADR methods in the ICC's regulations. This is a descriptive-analytical article that uses a library research method to investigate the subject. The findings indicate that voluntariness and agreement, confidentiality, speed, non-judiciality, and flexibility are the most important characteristics of ADR methods in the ICC's regulations. In addition to the aforementioned features, flexibility, diversity of methods, and the possibility of various choices for parties, absence of formalities, speed, cost-effectiveness, and confidentiality can also be considered other important characteristics of amicable and peaceful dispute resolution methods. For example, negotiation, as one of the least expensive and most informal methods of resolving international commercial disputes in the ICC regulations, has the significant advantage of preserving business relationships. Due to its informality, there are no specific formalities for conducting this method. Conciliation works in such a way that the parties in dispute request assistance from one or more third parties to help them resolve disputes arising from their contractual or legal relationship amicably. This method is essentially a form of small-scale private adjudication.
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Nadiienko, O. I. "MULTIDOOR COURTHOUSE AS AN ALTERNATIVE DISPUTE RESOLUTION METHOD." Juridical scientific and electronic journal, no. 5 (2023): 107–10. http://dx.doi.org/10.32782/2524-0374/2023-5/25.
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