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

Author: Grafiati

Published: 4 June 2021

Last updated: 7 February 2022

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1

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

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

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Nufaris Elisa. "The Resolution of International Trade Disputes through Arbitration." Britain International of Humanities and Social Sciences (BIoHS) Journal 2, no. 1 (2020): 296–301. http://dx.doi.org/10.33258/biohs.v2i1.191.

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If an international trade dispute occurs, so that the ways of resolution can be reached through non-litigation (alternative litigation) or Alternative Dispute Resolution (ADR). The facilities classified as ADR other than Arbitration facilities as contained in Article 6 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution which includes facilities including Meditation facilities, Negotiation facilities, Consolidation facilities, and other facilities. Based on the Arbitration Law it provides an opportunity to resolve trade disputes through the Arbitration institution a

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

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

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Matthias, Carmel R. "PARAMETERS OF CONFIDENTIALITY IN CHILD PROTECTION ALTERNATIVE DISPUTE RESOLUTION." Southern African Journal of Social Work and Social Development 27, no. 3 (2015): 290–305. http://dx.doi.org/10.25159/2415-5829/720.

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It has been internationally recognised that alternative dispute resolution (ADR) is effective in many child protection cases. In the South African Children’s Act, four ADR methods are applicable to child protection. It will be shown that a major weakness in the ADR framework in the Act is a failure to provide appropriate coverage on the crucial aspect of confidentiality. This article explores the tensions around confidentiality in ADR processes for both professional and family participants. Where participants fear that what they divulge during ADR is not confidential, they may be inhibited fro

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Ahmed, Masood. "Moving on from a judicial preference for mediation to embed appropriate dispute resolution." Northern Ireland Legal Quarterly 70, no. 3 (2019): 331–54. http://dx.doi.org/10.53386/nilq.v70i3.137.

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This paper critically considers judicial approaches to and promotion of mediation within the English civil justice system. It argues that the overzealous judicial emphasis on mediation in the ADR jurisprudence has restricted the wider concepts of ADR and ‘dispute resolution’ which in turn has created what the author terms ‘judicial mediation bias’. The paper critically explores these issues through an analysis of the ADR jurisprudence, with a focus on key Court of Appeal ADR authorities, and successive civil justice reforms. The paper makes proposals for reform, including the potential use of

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Jeretina, Urša, and Alan Uzelac. "Alternative Dispute Resolution for Consumer Cases: Are Divergences an Obstacle to Effective Access to Justice?" Central European Public Administration Review 12, no. 4 (2015): 39–74. http://dx.doi.org/10.17573/ipar.2014.4.a02.

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Traditional court proceedings do not always offer practical and cost-appropriate way of resolving consumer disputes. Some authors consider that, in disputes between consumers and businesses, alternative dispute resolution (ADR) is more effective, faster and cheaper. Insofar, consumer ADR (CADR) is seen as a useful instrument that helps consumers realize their right of access to justice. It is argued that the CADR is a flexible and faster method of enforcement of consumers’ rights, and that CADR systems provide valuable information on the needs of applicants, while preserving confidentiality an

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Wellington, Alex. "Taking Codes of Ethics Seriously: Alternative Dispute Resolution and Reconstitutive Liberalism." Canadian Journal of Law & Jurisprudence 12, no. 2 (1999): 297–332. http://dx.doi.org/10.1017/s0841820900002253.

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Alternative dispute resolution has the potential to be many things to many people, although it cannot, of course, be everything to everybody. A careful reflection on the appropriate role and scope of alternative dispute resolution will evidence that it has much to offer the legal profession and the legal system. For one thing, it can rejuvenate the practice of law for its practitioners, being both fun and fascinating. It can also help to improve the public perceptions of lawyers, which may be sinking to all time lows. One way of approaching the topic is to suggest that lawyers need alternative

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Pely, Doron, and Golan Luzon. "Hybrid dispute resolution model for migrant-host communities." International Journal of Conflict Management 30, no. 5 (2019): 615–36. http://dx.doi.org/10.1108/ijcma-01-2019-0009.

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Purpose The purpose of this paper is to locate, describe and analyze the differences between the way migrants from communal cultures and local communities in Western Europe resolve intra-communal and inter-communal conflicts, and to use the findings to propose a hybrid alternative model that may be able to bridge across identified differences. Such a hybrid model will facilitate enhanced integration and adaptation between host and migrant communities, contributing to improved conflict resolution outcomes. Design/methodology/approach This paper starts with an exploration, review and analysis of

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Abedi, Fahimeh, John Zeleznikow, and Emilia Bellucci. "Universal standards for the concept of trust in online dispute resolution systems in e-commerce disputes." International Journal of Law and Information Technology 27, no. 3 (2019): 209–37. http://dx.doi.org/10.1093/ijlit/eaz005.

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Abstract The need for an appropriate jurisdiction for electronic commerce disputes has led to the well-established mechanism for solving disputes through the internet known as the Online Dispute Resolution (ODR). Currently, there is no universal agreement about the concept of trust in ODR systems, although this issue has been widely discussed in the field of Alternative Dispute Resolution (ADR). The current study aimed to develop a set of standards to enhance trust and confidence in using ODR systems. In this study, we have adopted a new approach in the ODR field, and no similar research has b

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Grande, Elisabetta. "Alternative dispute resolution, Africa, and the structure of law and power: the Horn in context." Journal of African Law 43, no. 1 (1999): 63–70. http://dx.doi.org/10.1017/s002185530000872x.

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Data collected by comparative legal scholars show that legal transplants usually take place from more complex societies to less complex ones. By contrast, the alternative dispute resolution (ADR) movement that has recently developed in modern societies has been described as a return to a simple model of dispute settlement used in the past and in modern non-Western societies. Does this mean that we are experiencing a new kind of legal transplant, a transplant from less complex to more complex societies? In this article I will argue that this is not the case. Far from being a transplant from the

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Permata Sari, Mia, and Suteki Suteki. "PENYELESAIAN SENGKETA PENGADAAN TANAH GUNA PEMBANGUNAN BANDAR UDARA INTERNASIONAL BERBASIS NILAI KEADILAN SOSIAL." NOTARIUS 12, no. 1 (2019): 83. http://dx.doi.org/10.14710/nts.v12i1.23764.

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In resolving land acquisition disputes for the public interest, it is fitting for the state to pay attention to values outside of the rule of law itself, including the value of social justice and the value of benefits to guarantee the basic rights of affected communities. This study aims to find out what factors cause the settlement of land acquisition disputes in terms of juridical aspects not reflecting the value of justice and benefit for the parties and formulating land acquisition dispute resolution models in a legal socio perspective that can realize the value of social justice and benef

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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 w

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Douglas, Kathy. "The Evolution of Lawyers' Professional Identity: The Contribution of the ADR in Legal Education." Deakin Law Review 18, no. 2 (2013): 315. http://dx.doi.org/10.21153/dlr2013vol18no2art41.

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Alternative or Appropriate Dispute Resolution (‘ADR’) is a crucial area for lawyers to understand in order to engage in present day legal practice. ADR is now common in courts and the community and is supported by legal policy at both federal and state levels. Learning about ADR can contribute to the moulding of law students’ professional identity so that they are better able to engage in commonly used processes such as negotiation and mediation. This article discusses research into the teaching of ADR in legal education. It draws on a project where the teaching of ADR was researched in depth

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Amandong, Egute. "Alternative Dispute Resolution (ADR) Hybrid in Cameroon as a Form of Legal Protection for Consumers of Defective Products." Brawijaya Law Journal 8, no. 1 (2021): 54–69. http://dx.doi.org/10.21776/ub.blj.2021.008.01.04.

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As part of the awareness creation exercise, this paper seeks to establish that consumers of defective products in Cameroon should be exposed to the various extra-judicial channels once they can be adopted by Government and through which the consumers can enforce their rights. This is known as Alternative Dispute Resolution (ADR). The acronym ADR is a group of flexible approaches which could be applied in resolving disputes related to defective products more quickly and at a lower cost than going through the tedious road of adversarial proceedings. ADR mechanisms generally are intended to mean

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Jeretina, Urša. "Administrative Aspects of Alternative Consumer Dispute Resolution in the European Union (EU), Slovenia and Croatia." NISPAcee Journal of Public Administration and Policy 9, no. 1 (2016): 191–222. http://dx.doi.org/10.1515/nispa-2016-0009.

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Abstract The consumer field is widespread and often encompasses different legal fields on a single market, especially when it comes to the field of consumer protection. In fact, the consumer mostly remains a weaker party in resolving consumer disputes, especially in administrative proceedings. Traditional court proceedings do not always offer the most cost-appropriate way of resolving consumer disputes, because the damage with legal costs is disproportionate, especially in Small Claims (20 EUR). In theory, Alternative Dispute Resolution (hereinafter: ADR) is considered more flexible, faster an

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Crous, AJ. "Keuringspanele ("Screening Panels") as Gepaste Geskilbeslegtingsmetode ter Oplossing van Mediese Wanpraktyks-geskille." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 3 (2017): 97. http://dx.doi.org/10.17159/1727-3781/2009/v12i3a2735.

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A right only has any value if there is a remedy providing for the acknowledgement and enforcement thereof. An increase in medical malpractice claims can be expected in South Africa in view of the fact that the public is becoming more and more aware of its rights in respect of health services and health care. The public opinion calls for development of dispute resolution proceedings. The fact that the law is not accessible to everyone in South Africa is a matter of concern. High litigation costs, coupled with the time consuming protracted, formal and complicated process, call for a transformati

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Reynolds, Jennifer W. "Talking About Abortion (Listening Optional)." Texas A&M Law Review 8, no. 1 (2020): 141–62. http://dx.doi.org/10.37419/lr.v8.i1.4.

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Whether we can expect others to listen—and whether we choose to listen to others—have become central challenges in handling conflicts around polarized and high-profile political matters. For those who study alternative dispute resolution (“ADR”), these concerns about listening hit especially close to the bone because they implicate some of the most foundational precepts of dispute resolution practice. This paper explores some of these implications in the context of the fight over reproductive rights, with special focus on the “listening dilemma” that people experience when navigating extremely

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Carrizo Aguado, David. "Asistencia extrajudicial al consumidor transfronterizo europeo = Extrajudicial assistance of the European cross-border consumer." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 1 (2018): 45. http://dx.doi.org/10.20318/cdt.2018.4116.

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Resumen: En el ámbito del e-commerce, los ADR se presentan como la senda más adecuada para que consumidores y empresarios resuelvan a través de una plataforma web única y gratuita aquellos problemas que se puedan plantear en sus relaciones. Es por ello, que resulta indispensable el fomento de la resolución alternativa de conflictos al ser el medio más adecuado para dirimir las disputas surgidas a raíz de continuos incumplimientos derivados de contratos celebrados vía electrónica. Acudir a los tribunales supone complejidad, gastos y dilaciones que en la mayoría de las ocasiones debe soportar el

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SangChan Kim and 권수진. "Medical Dispute Resolution and ADR." 법과정책 17, no. 1 (2011): 119–42. http://dx.doi.org/10.36727/jjlpr.17.1.201102.006.

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

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

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

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

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Isua, Edim. "Alternative Dispute Resolution in Nigeria: an Emerging Trend." Revista Brasileira de Alternative Dispute Resolution 3, no. 5 (2021): 85–102. http://dx.doi.org/10.52028/rbadr.v3i5.4.

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This paper establishes the fact that Alternative Dispute Resolution (ADR) is evolving in Nigeria. It highlights the growing acceptance of ADR mechanisms for resolution of conflicts in the Nigerian legal system. It talks about the origin and development of the concept of ADR, Arbitration institutions, the “Multi-Door” Courthouse (MDC), the Negotiation & Conflict Management Group (NCMG), ADR agreements, application of ADR mechanisms, as well as the limitations on the use of ADR in Nigeria. In all, this research is an eyeopener to the benefits of ADR in Nigeria and seeks to encourage its full

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Harness, C. C., and Jonathan R. Mook. "ADR: Theprivatizing of employment dispute resolution." Employment Relations Today 23, no. 4 (1997): 51–66. http://dx.doi.org/10.1002/ert.3910230407.

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Hann, Deborah, David Nash, and Edmund Heery. "Workplace conflict resolution in Wales: The unexpected prevalence of alternative dispute resolution." Economic and Industrial Democracy 40, no. 3 (2016): 776–802. http://dx.doi.org/10.1177/0143831x16663013.

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Alternative dispute resolution (ADR) practices are increasingly being viewed as an improved way of resolving workplace conflict. Much of the empirical literature focuses on the spread of ADR amongst US organizations with little evidence of such approaches having crossed the Atlantic. This article presents new survey evidence that examines the extent to which ADR has been adopted as a strategy to resolve different forms of conflict by Welsh firms in the UK. The factors that impact upon the diffusion of ADR are also analysed. The article finds that in contrast to earlier research, ADR is widespr

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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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Ferdous, Syed Robayet. "An Empirical Study on Dispute Resolution Methods (DRM) from the Perspective of Employee and Employer: Special Emphasis on Alternative Dispute Resolution (ADR)." Journal of Business and Technology (Dhaka) 8, no. 1-2 (2014): 1–16. http://dx.doi.org/10.3329/jbt.v8i1-2.18283.

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In recent times, most of the parties involved in dispute resolution process are favoring Alternative Dispute Resolution or ADR over the formal adjudication process due to ADRs distinguished benefits. In order to reduce the backlog and pressure of workload, courts randomly select alternative ways to settle dispute. Therefore, a question can be raised how well ADR is working in reality? If a dispute is in existence between a company and an individual, the individual might not get a proper redress against an esteemed company. Moreover, there is a possibility of bias in favor of those who is in t

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

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

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

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

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

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

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Hassan, Dr Abida, and Dr Dil Muhammad Malik. "Ancient Dispute Resolution through Informal Processes: ADR." Journal of Law & Social Studies 2, no. 2 (2020): 73–77. http://dx.doi.org/10.52279/jlss.02.02.7377.

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The research article discusses the historical study for settlement of disputes under the umbrella of legal systems (formal and informal) prevailing in different civilizations and in various times. This research is briefly discussing the historical aspects of various legal systems in ancient times. This research highlights that human civilizations promoted both methods, but the most popular method was informal dispute resolution (ADR) in all over the world which still is needed and being popular day by day. From study, it has been founded that informal dispute resolution (ADR) has been the choi

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Зенкевич, Адам, and Adam Zygmunt Zienkiewicz. "Amicable Dispute Resolution: a comparison of the Polish and Russian legal perspective." Comparative Research In Law and Politics 2, no. 1 (2014): 61–67. http://dx.doi.org/10.12737/5250.

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The article is devoted to Amicable Dispute Resolution (ADR). The essence of amicable means of dispute resolution and the basic forms of ADR (negotiation, mediation, arbitration) are considered. Author treats these forms as the first class justice. In his point of view mediation and the other basic forms of ADR are "the Complementary Forms of Justice". Then there is the detailed analysis focuses on the most important law acts concerning mediation in civil matters in Poland and the Russian Federation. The comparison presents the essential differences between the Polish and the Russian regulation

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Hoque, Muhammad Rafiqul, and Muhammad Mustaqim Mohd Zarif. "The Paradoxical Use of the Term Sulh: An Analytical Study from Quranic Perspective." Maʿālim al-Qurʾān wa al-Sunnah 16, no. 1 (2020): 1–14. http://dx.doi.org/10.33102/jmqs.v16i1.184.

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Dispute resolution systems are broadly divided into two sides namely Judicial Dispute Resolution (JDRS) and Non-Judicial Dispute Resolution Systems (NJDRS). The first one is more formal, and the latter is informal which is known as Alternative Dispute Resolution (ADR) all over the world. Though ADR is claimed to be a great innovation of the West, it is found to be practiced in the Islamic Judicial System from its very inception. ADR was practiced throughout the history of Islamic Judiciary as sulh. However, the use of the word sulh in the meaning of ADR needs to be explained in the present jud

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Swanson, Elizabeth J. "Alternative Dispute Resolution and Environmental Conflict: The Case for Law Reform." Alberta Law Review 34, no. 1 (1995): 267. http://dx.doi.org/10.29173/alr1110.

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The author examines the growing trend towards the use of alternative dispute resolution in environmental conflicts. She surveys the state of ADR-related legislation in Canada and makes a proposal for law reform in this field. Her first objective is to define commonly-used ADR terminology. She considers the question, "how does ADR fit into the law and environmental disputes?" The author then looks at the alternatives for ADR and environmental law reform. There are two conflicting sets of values here. The first is that institutionalization of ADR (through legislation) would provide a clear and c

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Koo, AKC. "The role of the English courts in alternative dispute resolution." Legal Studies 38, no. 4 (2018): 666–83. http://dx.doi.org/10.1017/lst.2018.13.

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AbstractThe purpose of this article is to examine the interaction between the court and alternative dispute resolution (ADR) in the legal administration of civil justice. It addresses the following questions. What is the relationship between ADR and the concept of justice? How do we make sense of the anti-ADR views, in particular the serious threat to the rule of law? What role does, and should, the court play in alternative processes? It argues that integrating ADR into the court system broadens the notion of justice and its access, and that, under the rule of law, judges should play a more c

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

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

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Rogacka-Łukasik, Anna. "Złożenie skargi przez konsumenta za pośrednictwem ODR (Online Dispute Resolution) – internetowego systemu rozstrzygania sporów." Opolskie Studia Administracyjno-Prawne 17, no. 1 (2019): 183–94. http://dx.doi.org/10.25167/osap.1504.

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ADR (Alternative Dispute Resolution), as a non-judicial resolution of disputes, is a wide range of mechanisms that aim to put an end to a conflict without the need of conducting a trial before the court. On the other hand, the modern form of ADR is ODR (Online Dispute Resolution) – an online dispute resolution system that is the expression of the newest means of communication and technical innovations in order to help in non-judicial dispute resolving. The goal of this publication is to present the ODR platform and, in particular, to describe the process of filing a complaint by the consumer b

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Bowal, Peter. "The New Ontario Judicial Alternative Dispute Resolution Model." Alberta Law Review 34, no. 1 (1995): 206. http://dx.doi.org/10.29173/alr1107.

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The author introduces the new ADR Pilot Project currently being tried in the Ontario Court of Justice (General Division). Taking place in Toronto, the project is aimed at avoiding civil litigation. It involves ADR referral and management after filing of the Statement of Defence. First, the parties must meet. If the dispute remains unsettled, statements are submitted by the parties. The parties and counsel then attend an ADR session, which can be a mediation, mini-trial, or neutral evaluation. The advantages and disadvantages of the project are then detailed, for the parties, the public interes

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Chung, Yongkyun. "Dispute Resolution Culture and ADR Institution in Singapore." Journal of Korea Research Association of International Commerce 19, no. 1 (2019): 89–116. http://dx.doi.org/10.29331/jkraic.2019.2.19.1.89.

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Sariono, Joko Nur, and Agus Dono Wibawanto. "PENYELESAIAN SENGKETA BISNIS MELALUI ALTERNATIVE DISPUTE RESOLUTION (ADR)." Perspektif 11, no. 3 (2006): 245. http://dx.doi.org/10.30742/perspektif.v11i3.278.

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Taufikkurrahman, Taufikkurrahman. "ALTERNATIVE DISPUTE RESOLUTION (ADR) DALAM PENYELESAIAN SENGKETA KONSUMEN." IQTISHADIA: Jurnal Ekonomi & Perbankan Syariah 2, no. 1 (2015): 22. http://dx.doi.org/10.19105/iqtishadia.v2i1.837.

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Lipsky, David B., Ariel C. Avgar, and J. Ryan Lamare. "Organizational Conflict Resolution and Strategic Choice: Evidence from a Survey of Fortune 1000 Firms." ILR Review 73, no. 2 (2019): 431–55. http://dx.doi.org/10.1177/0019793919870169.

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This article examines the strategic underpinnings of firms’ use of alternative dispute resolution (ADR) practices. The authors argue that a firm’s strategic orientation and commitment to ADR shape its adoption of dispute resolution techniques—such as mediation and arbitration. Firms vary in the benefits they seek to gain from adopting ADR practices, and firm-level use is affected by these anticipated benefits. The authors also propose a link between a firm’s commitment to the diffusion, access, and their use of ADR, on the one hand, and employee usage on the other. They test their theory using

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Ojelabi, Lola Akin, and Mary Anne Noone. "Jurisdictional perspectives on alternative dispute resolution and access to justice: introduction." International Journal of Law in Context 16, no. 2 (2020): 103–7. http://dx.doi.org/10.1017/s1744552320000087.

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In many parts of the world, the adoption of alternative dispute-resolution (ADR) processes was premised on creating better access to justice for citizens, particularly those with lesser means (Woolf, 1996; Access to Justice Advisory Committee, 1994). ADR's foundational link with access to justice is in relation to not only justice as a process for the resolution of disputes, but also justice in relation to equality of access and equitable outcomes. This Special Issue focuses on the relationship between ADR and access to justice in various contexts and jurisdictions, including Australia, China,

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MELENKO, Oksana. "Mediation as an Alternative Form of Dispute Resolution: Comparative-Legal Analysis." European Journal of Law and Public Administration 7, no. 2 (2021): 46–63. http://dx.doi.org/10.18662/eljpa/7.2/126.

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The article under studies surveys the system of methods of alternative dispute resolution (ADR). It presents the definition of such structural concepts of ADR as negotiations, mediation, judicial conciliation, and arbitration. Particular emphasis is laid on the peculiarities of applying the ADR institutions in Ukraine and European countries, as well as on their advantages and disadvantages. To carry out a comparative-legal analysis of the alternative forms of dispute resolution, there has been developed a special system of indicators. The latter aims to assess the effectiveness of the ADR inst

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Herbert Tavengahama, Tafara, Nhamo Mashavira, Takupiwa Nyanga, and Chakanaka Ernest Muchadenyika. "Alternative Dispute Resolution in SMEs in the Construction Industry in Masvingo Urban, Zimbabwe." Ushus Journal of Business Management 19, no. 1 (2020): 15–30. http://dx.doi.org/10.12725/ujbm.50.2.

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Dispute handling may present particular problems for SMEs. The research explored the Alternative Dispute Resolution (ADR) methods used in SMEs and their implications on the performance of SMEs in the construction industry in Zimbabwe. The study revealed that collective bargaining and negotiation are the main ADR methods used in the SMEs while conciliation and arbitration are utilized externally at NEC and the ministry of labour. It was also noted that most SMEs do not have established ADR structures and collective bargaining and negotiation had an impact on employee performance. Collective Bar

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Rynkowska, Dorota. "Family mediation as a form of alternative dispute resolution in Poland." New Trends and Issues Proceedings on Humanities and Social Sciences 7, no. 2 (2020): 10–17. http://dx.doi.org/10.18844/prosoc.v7i2.5013.

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For years, mediation has been unused as an institutionalised form of dispute resolution. The introduction of methods for alternative dispute resolution (ADR) into social life, including the use of impartial mediation in the practice of the Polish justice system, signals some social change. The practice and procedure of mediation is of particular importance in cases regarding close relationships between people. This article explains and promotes family mediation as a form of ADR. Experience shows that mediation in family matters brings a number of benefits to conflicted parties and the justice

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Triana, Nita. "Mengkonstruksi Alternative Dispute Resolution (ADR) yang Berlandaskan Hukum Islam dalam Kerangka Hukum Nasional." Al-Manahij: Jurnal Kajian Hukum Islam 3, no. 1 (2020): 53–68. http://dx.doi.org/10.24090/mnh.v3i1.3680.

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ADR is an alternative dispute resolution, that consider peaceful and agreement. Such a dispute has been a long time known by Indonesia society. Musyawarah and mufakat principles that exist in Adat Law and Islah principle that exist in Islamic Law constitute Living Law in Indonesia. Principle of Law as forgiving, peaceful and agreement that exists in Islah can construct ADR in frame National Law system.

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

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

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Guenin, Louis M. "Alternative Dispute Resolution and Research Misconduct." Cambridge Quarterly of Healthcare Ethics 6, no. 1 (1997): 72–77. http://dx.doi.org/10.1017/s0963180100007623.

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“Any bad settlement,” the wise patent litigator Elmer S. Albritton once observed, “is better than a good lawsuit.” Given the notorious strain of court proceedings and the recognition that settlement does not always prove attainable, a popular movement has recently arisen in favor of “alternative dispute resolution” (or ADR). Indeed it has seemed to many who have participated as committee members, witnesses, or respondents in scientific misconduct cases that there ought to be some method of resolving such matters that is less vexing than traditional adjudication.

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., Ladin. "Penyelesaian Perkara Verzet Melalui Teknik Alternatif Dispute Resolution (ADR)." DIVERSI : Jurnal Hukum 2, no. 2 (2018): 412. http://dx.doi.org/10.32503/diversi.v2i2.148.

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Pengadilan merupakan sarana yang disediakan oleh negara untuk menyelesaikan sengketa antar subyek hukum dalam masyarakat tertentu guna mendapatkan suatu keadilan, yang mana didalamnya terdapat asas sederhana, cepat, dan biaya ringan. Akan tetapi dalam prakteknya seringkali asas tersebut sulit untuk ditemui, karena pada kenyataannya putusan yang dihasilkan di pengadilan memerlukan proses yang rumit, membutuhkan waktu yang panjang dan bersifat memenangkan salah satu pihak. Penyelesaian secara Alternative Dispute Resoluton (ADR) hadir dengan sifat fleksibelnya menawarkan solusi dimungkinkankannya

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