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1
Broadbent, Nigel. "Alternative Dispute Resolution". Legal Information Management 9, n. 3 (settembre 2009): 195–98. http://dx.doi.org/10.1017/s1472669609990326.
Testo completoAbstract (sommario):
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.
2
Abdul Hamid, Nor’Adha, Mohamad Hafifi Hassim, Norazla Ab Wahab, Tuan Nurhafiza Raja Abdul Aziz, Roslinda Ramli e Siti Noor Ahmad. "ALTERNATIVE DISPUTE RESOLUTION (ADR) VIA SULH PROCESSES". International Journal of Law, Government and Communication 4, n. 17 (15 dicembre 2019): 25–33. http://dx.doi.org/10.35631/ijlgc.417003.
Testo completoAbstract (sommario):
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.
3
Rogacka-Łukasik, Anna. "Złożenie skargi przez konsumenta za pośrednictwem ODR (Online Dispute Resolution) – internetowego systemu rozstrzygania sporów". Opolskie Studia Administracyjno-Prawne 17, n. 1 (15 novembre 2019): 183–94. http://dx.doi.org/10.25167/osap.1504.
Testo completoAbstract (sommario):
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 by means of it.
4
Rasyid, Abdul. "Relevance of Islamic Dispute Resolution Processes in Islamic Banking and Finance". Arab Law Quarterly 27, n. 4 (2013): 343–69. http://dx.doi.org/10.1163/15730255-12341267.
Testo completoAbstract (sommario):
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 of dispute resolution processes which are alternative to traditional litigation. Over time, the term ADR is now coming to mean ‘appropriate dispute resolution’ or the most appropriate resolution process in the given circumstances. One of the principal goals of ADR is to provide parties with choices for the effective and efficient resolution of disputes. The above-mentioned dispute resolution processes have different characteristics. This article will discuss only the relevant mechanisms with a view to examine how far they may be suitable to resolve Islamic banking and finance disputes effectively, cheaply and quickly.
5
Haloush, Haitham A. "The Liberty of Participation in Online Alternative Dispute Resolution Schemes". International Journal of Legal Information 36, n. 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.Alternative Dispute Resolution (ADR) and the internet are two very topical issues. Online alternative dispute resolution (OADR), or ADR online, refers to the use of internet technology, wholly or partially, as a medium by which to conduct the proceedings of Alternative Dispute Resolution (ADR), in order to resolve commercial disputes which arise from the use of the internet. Those proceedings are operated by neutral private bodies under published rules of procedure.Having said that, it is important to address mandatory OADR. This means that the parties are bound to adhere to the OADR process. Indeed, it is imperative to display what risks internet users should be willing to take with mandatory OADR schemes. This paper concludes that the issue of consent should be at the forefront of any contemplated OADR solutions. Clearly, it is unacceptable to impose mandatory OADR on internet users without their knowledge and consent Instead, a complainant who wishes to avoid the mandatory nature of OADR proceeding must be able to bring the action in any court that has a jurisdiction over the dispute. Bearing this in mind, there is a strong reason to believe that mandatory OADR schemes would not be enforceable in courts, and that the entire scheme of mandatory OADR might be unworkable.
6
Ojelabi, Lola Akin, e Mary Anne Noone. "Jurisdictional perspectives on alternative dispute resolution and access to justice: introduction". International Journal of Law in Context 16, n. 2 (giugno 2020): 103–7. http://dx.doi.org/10.1017/s1744552320000087.
Testo completoAbstract (sommario):
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, England and Wales, Scotland and Singapore, and within the family-law system in Australia. The papers engage in a critical discussion of ADR's contribution to access to justice in the resolution of disputes and, in particular, the extent to which ADR has contributed to improved access to justice. In doing this, the papers highlight the role of access-to-justice discourse in the development and growth of ADR; where available, review evaluations of access to justice in relation to ADR initiatives; and, finally, reflect on the future of ADR and access to justice.
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Putra, Dewa Nyoman Rai Asmara, e I. Putu Rasmadi Arsha Putra. "Akibat Hukum Pendaftaran Penyelesaian Sengketa Alternatif". ADHAPER: Jurnal Hukum Acara Perdata 6, n. 1 (16 luglio 2020): 73. http://dx.doi.org/10.36913/jhaper.v6i1.102.
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Everyone is allowed to be in conflict with legal issues that exist in civil procedural law called cases that contain both disputes and those that do not contain disputes. Disputes are indeed important to mature the way of thinking, but more importantly must be agreed. Managing disputes means fi nding the best way to resolve them. The best way to resolve disputes is by means of a win-win solution in Act No. 30 of 1999 concerning Alternative Dispute Resolution (ADR). Settlement of disputes with ADR has the highest degree because it is really fi nished, not resolved the dispute, as long as each party obeys all the results of the agreement that has been made. In Article 6 paragraph (7) of Act No. 30 of 1999 concerning Alternative Dispute Resolution (ADR), the results of the agreement must be made in written form and must be registered with the District Court. This research focuses on studying the method of registration proposed in article 6 paragraph (7). Law No. 30 of 1999. The results of this study found facts regarding the payment of the results of the agreement to the District Court does not have any legal requirements for the parties related to legal certainty, justice and benefi ts for the agreement.
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Kovač, Polonca. "The potentials and limitations of tax dispute prevention and alternative resolution mechanisms". Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, n. 4 (2019): 1505–28. http://dx.doi.org/10.30925/zpfsr.39.4.3.
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This paper deals with prevention and alternative dispute resolution (ADR) in tax matters, particularly in the light of the specific nature of administrative relations, which also include tax procedures. Given the involvement of stakeholders, ADR benefits both the taxpayers and the tax authority, enabling greater legal certainty and speedier finalisation of procedures. Yet, ADR also poses an open threat to the public interest and equality as international and constitutional administrative principles, and must therefore be limited in tax procedures. This also derives from the legal acts of the EU and the Council of Europe. In addition to theoretical frameworks and types of dispute prevention and resolution mechanisms studied by means of scientific literature review, legal sources analysis and comparative insights, the paper presents the Slovenian regulation and practice of the Financial Administration (FURS) over the past years. The aim of this research is to examine the de iure and de facto situation at the national level. The analysis shows that, in tax matters, ADR is noticeably more intensive at the international level than within national tax systems. On the other hand, individual countries prefer to establish regulatory mechanisms for prevention, which should result in even more desired avoidance of disputes. It can be concluded that efficient tax procedures require an integrated approach, including both dispute prevention and ADR, in order to ensure the principles of tax justice and systemic inclusion of all stakeholders in its governance.
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Olapade, Daramola Thompson, Biodun Olapade e Bioye Tajudeen Aluko. "Premises recovery through adoption of alternative dispute resolution (ADR) techniques". Journal of Property, Planning and Environmental Law 11, n. 1 (8 aprile 2019): 67–80. http://dx.doi.org/10.1108/jppel-06-2018-0015.
Testo completoAbstract (sommario):
Purpose This paper aims to explore the use of alternative dispute resolution (ADR) techniques as a legitimate means of ejection of recalcitrant tenant in property. This is with a view of providing information that will improve property investment and management. Design/methodology/approach The paper adopts a case study approach using five selected case studies where ADR approach was used to recover premises. Findings The experience from the case studies shows that the use of ADR in premises recovery is effective but has its challenges. In the five case studies, consent judgment, mediation and negotiation were used to recover premises in less than three months compared to an average of 18 months using litigation. Also, the cost in all the cases were lower where they exist at all than when litigation are used. The paper provides useful information to practitioners on the use of the effective alternative approach to recover premises from recalcitrant tenants. Originality/value The paper provides practical ways through which recovery of premises could be achieved through non-adversarial technique in developing property markets, which hitherto was not available in literature.
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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, n. 2 (12 marzo 2021): 46–63. http://dx.doi.org/10.18662/eljpa/7.2/126.
Testo completoAbstract (sommario):
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 institutions.These indicators are: availability of the procedure; possibility to enter and leave the ADR process; public or private nature of the procedure; conciliatory and competitive nature of the procedure; conducting the procedure out of court or in court; presence of an intermediary in the ADR procedure; taking final decision on the dispute directly by the parties or a third party; freedom to choose a mediator in the dispute; substantiating the decision on the dispute on formal or informal norms, rules, standards; opportunity to go to court in case the decision is impossible to enforce; recognition of the dispute as the one being resolved; intermediary’s fee; cost and time saving. Relying on the comparative-legal analysis of the alternative forms of dispute resolution, it has been determined that most of the comparative advantages belong to the institution of mediation. However, there are a number of shortcomings that hinder the effective functioning of the institution of mediation. Among them are insufficient requirements for the mediator's competencies and lack of mechanisms for fulfilling the terms of the mediation agreement. Taking into account the existing drawbacks that hinder the effective development of the institution of mediation, the article offers a number of institutional innovations.They include: legislative establishment of the norm on the procedure of executing the mediation contract; enhancing the qualification requirements for the mediator (mandatory higher legal education); adoption of the law on mediation; consequently, introduction of amendments to material and procedural legislation regarding mediation procedure by means of remote (distance) regulation of legal disputes and actions that accompany this process with the use of special technical facilities (videoconferencing, electronic digital signature, electronic document management, electronic payments, etc.). In addition, the article singles out the main peculiarity of the institution of mediation, which favorably distinguishes it from other ADR institutions - humanism (human-centrism). Unlike mediation, other ADR institutions (negotiations, judicial conciliation, arbitration) are marked with a factual and mostly competitive procedure. Mediation, due to its being rather human than factual oriented, as well as because of its being focused rather on conciliation than on competition, has a wider range of opportunities to better meet the requirements of the parties to the dispute. The main asset of mediation is its high potential to unite the parties, to continue their business and social communication after the resolution of the dispute. The latter integration potential favorably distinguishes mediation from all other forms of alternative dispute resolution and, at the same time, indicates positive external effect (externalia), which lies in uniting society.
11
Maillart, Adriana Silva, e Ricardo Soares Stersi dos Santos. "Online Dispute Resolutions (ODRs): a gestão de conflitos na sociedade da informação". Scientia Iuris 24, n. 2 (31 luglio 2020): 170–88. http://dx.doi.org/10.5433/2178-8189.2020v24n2p170.
Testo completoAbstract (sommario):
Cyber evolution does not bring changes only in economic, political, social and cultural terms, it also permeates the legal scenario. Cyberspace, once known as a place of communication and interaction, becomes also as an enabling environment management of conflicts. This article analyzes the new form of dispute resolution, known as Online Dispute Resolution (ODR), which acts as a complementary means of resolving parallel dispute to the judiciary and ADR (Alternative Dispute Resolutions) and promises to give more rapid and effective responses to information society. This article adopts the deductive method of approach and documentary and bibliography research as a research technique.
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이동찬. "The Mediation in the Public Law as a Means of Alternative Dispute Resolution(ADR)". Korean Comparative Government Review 11, n. 2 (dicembre 2007): 333–50. http://dx.doi.org/10.18397/kcgr.2007.11.2.333.
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Akin Ojelabi, Lola, e Judith Gutman. "Family dispute resolution and access to justice in Australia". International Journal of Law in Context 16, n. 2 (giugno 2020): 197–215. http://dx.doi.org/10.1017/s1744552320000142.
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AbstractThe context of this paper is the several innovative reforms since the Australian government changed the family-law system more than forty years ago with the enactment of the Family Law Act 1975 (Cth). Whilst no-fault divorce was introduced over four decades ago, the watershed effect of replacing a blaming culture with a collaborative problem-solving approach to family disputing has provided a stepping stone for a progressive pathway to less adversarialism in family conflict. This narrative resonates throughout the family-law system today. It also continues to guide the justice discourse in family matters. This paper focuses on developments in the family-law system canvassing several legislative amendments that demonstrate the use of alternative dispute resolution (ADR) as a means of improving access to justice in relation to family disputes in Australia. It is argued that, in the family-law system, justice and ADR are inextricably linked. In support of this contention, the growth, development and evaluation of family dispute resolution is considered; access to justice issues that arise are highlighted. Finally, it reviews ramifications for the future considering recommendations from the recent inquiry into the family-law system.
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Allport, Lesley A. "Mediation". Amicus Curiae 2, n. 2 (1 marzo 2021): 151–68. http://dx.doi.org/10.14296/ac.v2i2.5251.
Testo completoAbstract (sommario):
This article examines the place of mediation both internally and externally to the civil justice system. The growth of alternative dispute resolution (ADR) and the culture of settlement within formal justice has somewhat absorbed mediation as a process by which to resolve disputes at the door of the court. Yet, it can be argued that its origins lie within the community setting where social norms have a distinct role to play and where collective as well as individual interests have a significant impact. This paper considers the application of mediation in a much wider sense than simply as a tool for settlement. It explores the concept of mediation as an educative process that supports the generation and advocation of social norms. Mediation can be understood as a form of self-regulation which relies on perceptions of fairness, justice and trust. In so doing, it can be argued that it provides a means of informal justice amounting to dispute prevention as far as its relationship to the justice system is concerned. Viewed in this way, mediation provides a genuine first choice as a means to address and resolve conflict rather than an alternative method by which to settle disputes.
Keywords: mediation; dispute resolution; dispute prevention; community norms; formal justice; informal justice; process pluralism; alternative; first choice.
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Devkota, Sanad. "Viewpoint of the Supreme Court of Nepal on the Arbitration Process in the Light of Party Autonomy". Tribhuvan University Journal 35, n. 2 (31 dicembre 2020): 47–58. http://dx.doi.org/10.3126/tuj.v35i2.36189.
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Arbitration is a contract-based form of binding dispute resolution. In other words, a party’s right to refer a dispute to arbitration depends on the existence of an agreement between them and the other parties to the dispute that the dispute may be referred to arbitration. Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments. The arbitration process is similar to a trial in that the parties make opening statements and present evidence to the arbitrator. Conflicts have existed in all cultures, religions and societies since time immemorial, as long as human have walked the earth. Human society is a repertoire where differences arise and persist as salient features, but this is also a platform where varieties of disputes find management in the form of resolution to energize the society. As conflicts are an integral part of human interaction, one must learn to deal with them tactfully, conventionally, disputes – commercial or otherwise were resolved by litigation but due to delays, costs, publicity and technicality associated with litigation, alternative dispute resolution (ADR) processes evolved. Various means of ADR or out of court settlement of disputes such as negotiation, conciliation and arbitration have come into practice. In the modern era, the business activities are increasing day by day. Along with the business activities, its complexities, differences, and disputes are also increasing day by day. The traditional method of settling disputes is the litigation process in the court of law. From the perspective of concerned parties, settlement of these disputes as quick as possible is desired. But because of the lengthily procedure and case load settlement through court is not possible. For this reason, parties were looking for the alternative process where both the parties can trust impartial person who will solve their disputes within short period of time.
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Prince, Sue. "Encouragement of mediation in England and Wales has been futile: is there now a role for online dispute resolution in settling low-value claims?" International Journal of Law in Context 16, n. 2 (giugno 2020): 181–96. http://dx.doi.org/10.1017/s1744552320000130.
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AbstractIn England and Wales, the judiciary, Her Majesty's Courts and Tribunal Services (HMCTS) and the Ministry of Justice (MoJ) have embarked on an ambitious reform whose aims are to radically transform and restructure court services and introduce digital justice for the overall purpose of improving access to justice in relation to the resolution of disputes. The reality in the courts of England and Wales is that the current reform means automation of processes. Digital transformation offers a real chance to improve access to justice particularly for low-value claims where a simplified process is more proportionate to the value of the dispute. This paper argues therefore that, for everyday low-value civil disputes, alternative dispute resolution (ADR) processes should be at the core of any design. In addition, fashioning new means to deliver access to justice should not just be about increasing government efficiency, but also about using technology to design and create innovative, new, agile and ‘user-centric’ pathways.
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Islam, Mohammad Saidul. "Efficiency and Effectiveness of Alternative Dispute Resolution Schemes Towards the Promotion of Access to Justice in Bangladesh". IIUC Studies 8 (10 settembre 2014): 95–112. http://dx.doi.org/10.3329/iiucs.v8i0.20405.
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In recent years in Bangladesh there has been renewed emphasis on the Alternative Dispute Resolution schemes as a means to avoid the use of contested hearings in the formal litigation and to ensure the most fundamental right of access to justice for all in an easy way. These Alternative Dispute Resolution (ADR) modalities are considered as less likely to fuel the parental conflicts, more likely to induce the parties to resolve their conflicts in an amicable manner preserving the future relationship between the parties and reducing cost, delay and loss of energy to a significant extent. Following the considerable advantages of ADR almost every county of the world has introduced ADR system in its justice delivery system which has paved the way to the promotion of access to justice indiscriminately for all. This paper is an attempt to provide a comprehensive idea about obstacles in the way of access to justice in our legal system and by analyzing the different mechanisms of ADR and court and non-court based practices of those modalities under different legislations of Bangladesh, to show the fairness, efficiency and effectiveness of ADR towards the promotion of access to justice and to provide some recommendations for the complete success of ADR towards the effective, non-discriminative, speedy and easy access to justice for all either rich or poor, literate or illiterate, male or female and elite or lower class. DOI: http://dx.doi.org/10.3329/iiucs.v8i0.20405 IIUC Studies Vol.8 December 2011: 95-112
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Zaitseva, Larisa. "Effective dispute settlement as a mechanism of economic attractiveness". MATEC Web of Conferences 212 (2018): 08021. http://dx.doi.org/10.1051/matecconf/201821208021.
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Commercial disputes the number of which is growing every year can cause economic imbalance if a country doesn’t obtain ADR (Alternative disputes resolution) technologies and methods implementation experience. In the Russian Federation separate branch of courts – state arbitration courts – is established and it demonstrates high quality of litigation. But effective functioning of judiciary (its accessibility, low costs and rapid procedures) doesn’t signify universal character of litigation, especially in the field of investment and construction projects dealing with socially significant objects such as apartment complexes or infrastructure facilities. Within one project different controversies and misunderstandings can arise which should be resolved without delays, abuse of rights and termination of collaboration. The article is focused on three main aspects, defining approaches to ADR promotion: features of legal and judicial system of a concrete state, availability of elaborate measures ensuring ADR successful development, specifics of practice area. Certain means and technologies of ADR are proposed in order to eliminate infringement of construction process participants’ rights. Analysis of state arbitration courts statistics has shown a very low level of ADR implementation. Legislative and explanatory measures fail to cope with this problem. In this connection concrete organizational and educational measures are suggested to enhance the process of ADR promotion for ensuring economic attractiveness.
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Cheng, Helen H. L. "Beyond Forms, Functions and Limits: The Interactionism of Lon L. Fuller and Its Implications for Alternative Dispute Resolution". Canadian Journal of Law & Jurisprudence 26, n. 2 (luglio 2013): 257–92. http://dx.doi.org/10.1017/s084182090000607x.
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Despite tributes paid to Fuller as an intellectual father of ADR, little attention has been paid within the ADR field to the broader interactionist vision that underlies Fuller’s discussion about process. A closer reading of Fuller’s study of mediation, however, reveals that he intended that study to substantiate his interactionist thesis about the nature of social ordering. He understood ordering to be generated by and to reflect a particular experience of social interaction. Fuller’s interactionist vision recognizes the creative, choice-making and purposive dimensions of human reality, emphasizes participation as a normative criterion for institutional design, and gives rise to a pluralistic notion of power arrangements. It appears in Fuller’s thinking about process as a kind of dialectic and integrative mindset that pervades his means-ends analysis, functional analytical approach and his emphasis on institutional design. This interactionist vision has particular relevance for the practice and research of ADR, for example, in helping to develop a more integrative approach to process pluralism.
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Agarwal, Anurag, Sridhar Ramamoorti e Vaidyanathan Jayaraman. "Decision Support Systems For Strategic Dispute Resolution". International Journal of Management & Information Systems (IJMIS) 15, n. 4 (12 settembre 2011): 13. http://dx.doi.org/10.19030/ijmis.v15i4.5793.
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Disputes and lawsuits are quite common in business and are often a source of significant liabilities. We conjecture that measurement challenges and lack of adequate analysis tools have greatly inhibited the ability of the General Counsels offices in selecting the best mode for the resolution (i.e. litigation vs. out-of-court settlement) of business conflicts and disputes. Easily quantified direct costs (e.g., out-of-pocket expenses related to pursuing and defending against litigation) tend to be considered, whereas the more difficult-to-quantify indirect risks and costs (e.g., damaged relationships with customers and potential alliance partners, including reputational harm) which may be quite significant, tend to be ignored. We also hypothesize that the benefits of Alternative Dispute Resolution (ADR) strategies may have been muted because of the failure to assess the real magnitude of not-easily-quantified indirect risks and costs. We propose two Decision Support Systems (DSSs), one for a macro-level analysis and one for a micro-level (i.e. case by case analysis), to alleviate the measurement and analysis problem. In the proposed DSSs, the underlying decision engine makes use of operations research tools such as decision trees, logic modeling, Monte-Carlo Markov-Chain (MCMC) and fuzzy logic simulations. By providing the means to gather decision-relevant information, especially on difficult-to-measure soft costs, we have attempted to reduce the decision making risk for the General Counsels offices. In the process, we have also furnished some ways to reach more informed assessments to support litigation risk management strategies and decisions.
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Handayani, Tri. "PERTANGGUNGJAWABAN DOKTER DAN MODEL PENYELESAIAN PERKARA MALPRAKTIK MEDIK DI INDONESIA". Mizan: Jurnal Ilmu Hukum 9, n. 1 (6 giugno 2020): 74. http://dx.doi.org/10.32503/mizan.v9i1.1057.
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There is an international tendency to divert medical dispute from the litigation model (in court settlement) to the out-of-court dispute models (out of court settlement) which leads to the win-win situation of the paradigm.
This paradigm has actually started to be adopted in Indonesia only the implementation is still not encouraging. Law Number 36 Year 2009 on Health (Health Law) provides that disputes arising out of negligence of health personnel must be resolved through mediation (Article 29). This provision has not fully become the reference of the public and law enforcement officers related to the settlement of medical disputes in Indonesia. The tendency of patients in Indonesia to prosecute doctors through legal channels is still quite high. This is further exacerbated by the attitude of law enforcement officers who seem less concerned with the provisions of Article 29 of Law Number 36 Year 2009 on Health above.
The application of mediation means in the dispute of medical disputes as required by article 29 of the Health Law faces a number of obstacles in the field. One of the obstacles is the lack of implementing regulations that explain how such mediation mechanisms should technically be run. There are a number of laws and regulations governing mediation such as Supreme Court Regulation No. 1 of 2008 on Mediation Procedures in Courts and Law No. 30 of 1999 on Arbitration and Alternative Dispute Settlement. Supreme Court Regulation No. 1 of 2008 regulates the court-annexed mediation while Law Number 30 Year 1999 regulates the arbitration and Alternative Dispute Resolution (ADR) institutions. In addition, there are also some institutions that perform mediation functions such as: Consumer Dispute Settlement Agency (BPSK), Ombudsman, and Badan Pengawas Rumah (RSB). All such institutions are deemed relevant for the settlement of medical disputes. It is thus quite confusing at the operational level.
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Patoari, Md Manjur Hossain, Amir Husin Mohd Nor, Muhammad Nizam Bin Awang, Abdul Hamid Chowdhury e Jaforullah Talukder. "Legal and Administrative Challenges of Alternative Dispute Resolution (ADR) as a Peaceful Means of Resolving the Land Dispute in the Rural Areas of Bangladesh". Beijing Law Review 11, n. 02 (2020): 415–28. http://dx.doi.org/10.4236/blr.2020.112026.
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Brancus-Cieślak, Lavinia. "SZANSE ARBITRAŻU W ROZWIĄZYWANIU SPORÓW NA TLE DOMEN INTERNETOWYCH". Zeszyty Prawnicze 6, n. 2 (22 giugno 2017): 171. http://dx.doi.org/10.21697/zp.2006.6.2.11.
Testo completoAbstract (sommario):
The Chances of the Arbitration in the Solutions of Disputes Regarding Internet Domain NamesSummaryThe paper deals with the Polish alternative dispute resolution (ADR) for internet domain names, which was introduced in January 2003 together with the establishment of a special Court of Arbitration. The Court acts within the Polish Chamber of Informatics, Technology and Telecommunication and it is based on a procedure drawn upon the well known UDRP (Uniform Domain Name Dispute Resolution Policy). The latter is actually applied by the main international organizations, e. g. such as Worldwide Intellectual Property Organisation.The analysis focuses on the main procedural issues, such as type of conflicts that can be an object of the court examination, claims to be raised by the plaintiff, legal validity of the verdicts. Similarly to UDRP, the Polish proceedings provide only to the domain name’s cancellation or its transfer for the benefit of the entitled person. The decision rendered by the Court acquires its full juridical force only after the ascertainment of its enforceability by an ordinary civil court. This means, that theoretically each proceedings concluded with a decision of the Court of Arbitration, should be followed by a compulsory formal examination in front of an ordinary court. Due to this, the Polish ADR seems to bring more juridical safety than the above-mentioned UDRP, yet the proceedings might be in practice protracted. In addition, such „enforced” decision would possess validity in law, in respect of the establishment of all facts, which could be further used as a ground to potential claims for damages or unjustified enrichment.
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Stamatoudi, Irini. "Alternative Dispute Resolution and Insights on Cases of Greek Cultural Property: The J.P. Getty Case, the Leon Levy and Shelby White Case, and the Parthenon Marbles Case". International Journal of Cultural Property 23, n. 4 (novembre 2016): 433–57. http://dx.doi.org/10.1017/s0940739116000291.
Testo completoAbstract (sommario):
Abstract:This article examines the pros and cons of alternative dispute resolution (ADR). It also examines two cases in which Greek cultural treasures were returned to their country of origin by a US museum and a US collector on the basis of negotiations: the J.P. Getty Museum and the Leon Levy and Shelby White cases respectively. The Parthenon Marbles case is also examined, especially in light of the UN Educational, Scientific and Cultural Organization’s recent (2013) invitation to the United Kingdom (UK) to accept mediation on the matter and the UK’s even more recent (2015) rejection of the invitation. In all three cases, the facts are set out and the author attempts an assessment of the ADR means used. Conclusions are drawn as to whether ADR is a feasible and beneficial option for the parties and whether, nowadays, it constitutes the norm in cases when cultural treasures are returned to their countries of origin.
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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, n. 1 (8 marzo 2018): 45. http://dx.doi.org/10.20318/cdt.2018.4116.
Testo completoAbstract (sommario):
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 consumidor. Estimular el empleo de tales métodos supondría un impulso a la actividad comercial y consumidora on line al facilitar mecanismos ágiles y económicos para la resolución de las controversias que puedan surgir en las transacciones comerciales transnacionales. Con la llegada de la Ley 7/2017, de 2 de noviembre, fruto de la tardía transposición de la Directiva 2013/11/UE, se garantiza a los consumidores residentes en la UE el acceso a mecanismos de resolución alternativa de litigios en materia de consumo de alta calidad por ser independientes, imparciales, transparentes, efectivos, rápidos y justos. La Comisión Europea cooperará con las autoridades nacionales para resolver problemas técnicos y maximizar el uso de la plataforma ODR con miras a fortalecer su contribución al desarrollo del mercado único digital.Palabras clave: Mercado interior, responsabilidad Estados Miembros, comercio electrónico transnacional, resolución alternativa, confianza del consumidor.Abstract: In the field of e-commerce, ADRs are presented as the most appropriate path for consumers and businessmen to solve, through a single, free web platform, any problems that may arise in their relationships. That is why the promotion of alternative dispute resolution is essential, as it is the most appropriate means to resolve disputes arising from continuous breaches arising from contracts concluded electronically. Going to court involves complexity, expenses and delays that in most cases must support the consumer. Encouraging the use of such methods would be a boost to commercial and consumer online activity by providing agile and economic mechanisms for the resolution of disputes that may arise in transnational commercial transactions. With the arrival of Law 7/2017, of November 2, fruit of the delayed transposition of Directive 2013/11 / EU, consumers residing in the EU are guaranteed access to mechanisms for alternative dispute resolution in matters of consumption of high quality for being independent, impartial, transparent, effective, fast and fair. The European Commission will cooperate with the national authorities to solve technical problems and maximize the use of the ODR platform with a view to strengthening its contribution to the development of the digital single market.Keywords: Internal market, Member States responsibility, transnational electronic commerce, alternative resolution, consumer confidence.
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Zaini, Zulfi Diane, Lintje Anna Marpaung, Zainab Ompu Jainah, Thia Remona Febrianti e Sija Putra Rulanda. "The Completion of Misdemeanor through Rembuk Pekon in Lampung Province". FIAT JUSTISIA:Jurnal Ilmu Hukum 14, n. 2 (29 aprile 2020): 159. http://dx.doi.org/10.25041/fiatjustisia.v14no2.1880.
Testo completoAbstract (sommario):
The resolution of a criminal offence does not have to be carried out through legal channels. Still, it can be done in the spirit of restorative justice, one of which uses the principle of ADR (Alternative Dispute Resolution) or (win-win solution) through the Rembuk Pekon which means through consensus agreement. This study aims to determine what crimes can be resolved with the Pekon consultation, how the process is resolved, and what the legal consequences are. This study uses an empirical normative method by examining the methods, norms, rules and primary data through observation and interviews, the results of the study indicate that the types of criminal acts that can be resolved with Rembuk Pekon include minor criminal offences Article 302, Article 352 paragraph (1), Article 364, Article 373, Article 379, Article 482, Article 315, Article 407 paragraph 1, and the criminal offence of complaint Article 284 of the Criminal Code. So in this study will discuss how the process of resolving minor criminal cases through the Rembuk Pekon and the authors have a suggestion that the police should implement the Rembuk Pekon to prioritize the principles of professional, modern and reliable, this so that the implementation of the Rembuk Pekon can run optimally.
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Pereira, Sandra Patrícia Marques, e Pedro Miguel Alves Ribeiro Correia. "Sustainability of Portuguese Courts: Citizen Satisfaction and Loyalty as Key Factors". Sustainability 12, n. 23 (5 dicembre 2020): 10163. http://dx.doi.org/10.3390/su122310163.
Testo completoAbstract (sommario):
This paper aims to describe the satisfaction and loyalty of citizens towards the sustainability of Portuguese courts. This research was carried out under the Portuguese justice agenda named “Justice + Closer” between the years of 2017, 2018, and 2019. The methodological approach adopted was quantitative. Based on the literature review, a structural model of the relationships between the dimensions that directly and indirectly influence citizen satisfaction and loyalty was adapted from the arbitration centers to the court’s reality. Data collection was carried out during the three years mentioned—in person at the Portuguese Campus of Justice and also through questionnaires applied online. In the course of the three years, 3276 observations were collected. Through structural equation modeling, it was possible to measure positive relations produced between seven established dimensions. The results of this study contribute generally to applied research in the field of justice administration and to the understanding of this topic by those in the academic sector where it has been superficially addressed. Related future investigations might include a comparative study between the satisfaction and loyalty of citizens with (i) the formal adjudication processes and case outcomes of the Portuguese courts and (ii) alternative dispute-resolution processes and case outcome means reached by recognized arbitration and mediation centers, judges of peace, and related ADR services.
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Nursin, Hendri, e Fitriati Fitriati. "IMPLEMENTASI MEDIASI PENAL DALAM PENYELESAIAN TINDAK PIDANA PENGRUSAKAN (Studi Pada Sat Reskrim Polres Solok)". UNES Law Review 1, n. 3 (4 marzo 2019): 263–71. http://dx.doi.org/10.31933/law.v1i3.38.
Testo completoAbstract (sommario):
Penal mediation is one of the means of resolving criminal acts that have often been carried out by law enforcement officials, especially at the level of investigations in the police as explained in the letter of the Chief of Police No: B / 3022 / XII / 2009 / SDEOPS, December 14, 2009 concerning Handling Case Through Alternative Dispute Resolution (ADR). Specifications in this study are descriptive analytical. The reason mediation model carried out by the Aro police station The likes of resolving criminal cases are mediation victim-offender models. This model places more emphasis on mediation between victims and perpetrators involving various parties who meet. The mediator can come from a formal official, independent mediator or combination. In this case the mediators involved were ninik mamak and local adat stakeholders and even the Kerapatan Adat Nagari (KAN). The obstacle encountered in the reasoning mediation of the Aro Suka police station is that there is no explicit regulation as a legal aspect governing reason mediation in the settlement of criminal cases, then the Police cannot fully act as mediators in the settlement of criminal cases through reasoning mediation, and there are still some people argues that all criminal cases can be carried out reason mediation or peace efforts between litigants. The effort that must be made is to encourage customary institutions in the nagari along with their traditional leaders to assist the National Police in resolving criminal cases whose source of problems starts from the issue of inheritance, inheritance, customary titles and so on.
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MacCourt, Duncan, e Joseph Bernstein. "Medical Error Reduction and Tort Reform through Private, Contractually-Based Quality Medicine Societies". American Journal of Law & Medicine 35, n. 4 (dicembre 2009): 505–61. http://dx.doi.org/10.1177/009885880903500402.
Testo completoAbstract (sommario):
AbstractThe current medical malpractice system is broken. Many patients injured by malpractice are not compensated, whereas some patients who recover in tort have not suffered medical negligence; furthermore, the system's failures demoralize patients and physicians. But most importantly, the system perpetuates medical error because the adversarial nature of litigation induces a so-called “Culture of Silence” in physicians eager to shield themselves from liability. This silence leads to the pointless repetition of error, as the open discussion and analysis of the root causes of medical mistakes does not take place as fully as it should. In 1993, President Clinton's Task Force on National Health Care Reform considered a solution characterized by Enterprise Medical Liability (EML), Alternative Dispute Resolution (ADR), some limits on recovery for non-pecuniary damages (Caps), and offsets for collateral source recovery. Yet this list of ingredients did not include a strategy to surmount the difficulties associated with each element. Specifically, EML might be efficient, but none of the enterprises contemplated to assume responsibility, i.e., hospitals and payers, control physician behavior enough so that it would be fair to foist liability on them. Likewise, although ADR might be efficient, it will be resisted by individual litigants who perceive themselves as harmed by it. Finally, while limitations on collateral source recovery and damages might effectively reduce costs, patients and trial lawyers likely would not accept them without recompense. The task force also did not place error reduction at the center of malpractice tort reform—a logical and strategic error, in our view.In response, we propose a new system that employs the ingredients suggested by the task force but also addresses the problems with each. We also explicitly consider steps to rebuff the Culture of Silence and promote error reduction. We assert that patients would be better off with a system where physicians cede their implicit “right to remain silent,” even if some injured patients will receive less than they do today. Likewise, physicians will be happier with a system that avoids blame—even if this system placed strict requirements for high quality care and disclosure of error. We therefore conceive of de facto trade between patients and physicians, a Pareto improvement, taking form via the establishment of “Societies of Quality Medicine.” Physicians working within these societies would consent to onerous processes for disclosing, rectifying and preventing medical error. Patients would in turn contractually agree to assert their claims in arbitration and with limits on recovery. The role of plaintiffs' lawyers would be unchanged, but due to increased disclosure, discovery costs would diminish and the likelihood of prevailing will more than triple.This article examines the legal and policy issues surrounding the establishment of Societies of Quality Medicine, particularly the issues of contracting over liability, and outlines a means of overcoming the theoretical and practical difficulties with enterprise liability, alternative dispute resolution and the imposition of limits on recovery for non-pecuniary damages. We aim to build a welfare enhancing system that rebuffs the culture of silence and promotes error reduction, a system that is at the same time legally sound, fiscally prudent and politically possible.
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Isua, Edim. "Alternative Dispute Resolution in Nigeria: an Emerging Trend". Revista Brasileira de Alternative Dispute Resolution 3, n. 5 (giugno 2021): 85–102. http://dx.doi.org/10.52028/rbadr.v3i5.4.
Testo completoAbstract (sommario):
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 use in the country.
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Goss, Joanne. "An Introduction to Alternative Dispute Resolution". Alberta Law Review 34, n. 1 (1 ottobre 1995): 1. http://dx.doi.org/10.29173/alr1098.
Testo completoAbstract (sommario):
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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Peters, Shamaise. "The evolution of alternative dispute resolution and online dispute resolution in the European Un". CES Derecho 12, n. 1 (23 agosto 2021): 3–17. http://dx.doi.org/10.21615/cesder.12.1.1.
Testo completoAbstract (sommario):
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 consequences that may arise if dispute resolution technologies leapfrog. The paper also speaks of automation and suggests the need to build integrative models into Artificial Intelligence (AI) - powered ODR platforms. It is apparent that the early challenges in the development of the ADR culture in the EU are still unresolved, affecting the proper integration of ADR principles and ODR technologies. A more effective coupling could be expected to smooth digital trade interactions by increasing access to justice and consumer trust in the redress capacities of the Dispute Resolution System (DRS) as a whole.
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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, n. 3 (7 dicembre 2015): 290–305. http://dx.doi.org/10.25159/2415-5829/720.
Testo completoAbstract (sommario):
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 from being constructively involved. This can defeat the purpose of ADR. On the other hand, in child protection ADR a correct balance needs to be struck so that information essential for the further resolution of the case or for protecting persons from danger is communicated. How best to enable effective child protection ADR by creating an appropriate confidentiality framework is discussed in this article.
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Chebeane, Maya Boureghda. "Alternative dispute resolution (ADR) and secured transactions". Uniform Law Review 22, n. 4 (1 dicembre 2017): 773–80. http://dx.doi.org/10.1093/ulr/unx040.
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Davies, E. "The ADR olive branch [alternative dispute resolution]". Engineering Management Journal 12, n. 1 (2002): 40. http://dx.doi.org/10.1049/em:20020105.
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Hann, Deborah, David Nash e Edmund Heery. "Workplace conflict resolution in Wales: The unexpected prevalence of alternative dispute resolution". Economic and Industrial Democracy 40, n. 3 (26 settembre 2016): 776–802. http://dx.doi.org/10.1177/0143831x16663013.
Testo completoAbstract (sommario):
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 widespread amongst Welsh firms, irrespective of how broadly ADR is defined. The presence of institutional actors such as specialist HR managers and recognized trade unions are found to be positively associated with more private forms of ADR.
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Vyushkina, Elena. "Mediation: Framing a Clil Course". Studies in Logic, Grammar and Rhetoric 53, n. 1 (1 marzo 2018): 213–22. http://dx.doi.org/10.2478/slgr-2018-0012.
Testo completoAbstract (sommario):
Abstract Mediation in a legal sense is a means of alternative dispute resolution (ADR). Having evolved in the USA in the last half of 20th century the procedure is growing in popularity and proliferation all over the world. Many countries enacted particular legislation, and others included relevant articles into Civil and/or Criminal Procedure Codes. Howbeit, lawyers are to be aware of mediation and roles they may play within the process. Law school curriculum drafters face the challenge of including a new up-to-date course in mediation into busy and very full academic programmes. Analysis of existing instructing practice showed that in Anglo-American law schools mediation teaching is a part of clinical legal education. As for European countries, there is a broad range of scenarios and no established experience. Recognition of communicative skills as key skills for mediators prompts the use of a CLIL approach in structuring such a course. Listening, reframing, summarising, questioning are skills to be mastered by law-students both in a foreign language and their mother tongue. Language teachers are in charge of this part of the course while law teachers can work out text contents built on the branches of law mediators deal with more often (family law, employment law, contracts, etc.). Moreover, some texts may cover mediation law in a home country and abroad. Another important factor to take into account is a career path chosen by a law-student – if s/he is going to become a mediator or a lawyer securing clients in mediation. Role plays and scenarios are an integral part of the course. Moreover, the course developed can serve as an introduction to internship in a law clinic.
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Noone, Mary Anne, e Lola Akin Ojelabi. "Alternative dispute resolution and access to justice in Australia". International Journal of Law in Context 16, n. 2 (giugno 2020): 108–27. http://dx.doi.org/10.1017/s1744552320000099.
Testo completoAbstract (sommario):
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. It is argued that ADR processes need to be designed and implemented bearing in mind the type/nature of the dispute, parties involved and availability of resources, and to have an overarching objective of promoting access to justice for users. Additionally, improved access to justice requires ongoing and rigorous evaluation of ADR processes to ascertain whether justice objectives are being achieved.
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Vačoková, Lenka. "Alternative dispute resolution (ADR) for consumer disputes in the Slovak republic". Studia Commercialia Bratislavensia 13, n. 45 (1 settembre 2020): 264–75. http://dx.doi.org/10.2478/stcb-2020-0011.
Testo completoAbstract (sommario):
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. She tried to evaluate the application of consumer ADR by Slovak ADR entities, development of ADR between 2016 and 2019, current situation, and to provide conclusions and suggest changes for future.
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Bowal, Peter. "The New Ontario Judicial Alternative Dispute Resolution Model". Alberta Law Review 34, n. 1 (1 ottobre 1995): 206. http://dx.doi.org/10.29173/alr1107.
Testo completoAbstract (sommario):
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 interest, and otherwise. The author notes that the pilot project stresses many of the same values that are dominant in provincial arbitration legislation. However, there are also significant differences between the schemes. In the end, the author is optimistic for the success of the project, but cautions that more time must pass before any meaningful assessments can be made.
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Koo, AKC. "The role of the English courts in alternative dispute resolution". Legal Studies 38, n. 4 (2 ottobre 2018): 666–83. http://dx.doi.org/10.1017/lst.2018.13.
Testo completoAbstract (sommario):
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 central role to ensure the use, quality and integrity of alternative processes. This paper extends our understanding of the relationship among justice, ADR and the court from an internal perspective. It also points out the need to expand the case management responsibilities of judges, and their delegates in the Online Court, on ADR.
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Swanson, Elizabeth J. "Alternative Dispute Resolution and Environmental Conflict: The Case for Law Reform". Alberta Law Review 34, n. 1 (1 ottobre 1995): 267. http://dx.doi.org/10.29173/alr1110.
Testo completoAbstract (sommario):
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 concrete mechanism for enforcing agreements, and thereby level the playing field for all parties. The other viewpoint is that workable legislation may be impossible to draft and that the strength of ADR is its ad hoc nature. The author favours the "institutional," or legislative approach to ADR reform and development She then surveys existing legislation, which is of two types: "ADR-specific" and "ADR-inclusive." Following this critical review, the author makes specific recommendations for future ADR/environmental law reform initiatives.
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Sariono, Joko Nur, e Agus Dono Wibawanto. "PENYELESAIAN SENGKETA BISNIS MELALUI ALTERNATIVE DISPUTE RESOLUTION (ADR)". Perspektif 11, n. 3 (29 luglio 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, n. 1 (1 giugno 2015): 22. http://dx.doi.org/10.19105/iqtishadia.v2i1.837.
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Guenin, Louis M. "Alternative Dispute Resolution and Research Misconduct". Cambridge Quarterly of Healthcare Ethics 6, n. 1 (1997): 72–77. http://dx.doi.org/10.1017/s0963180100007623.
Testo completoAbstract (sommario):
“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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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, n. 1-2 (9 marzo 2014): 1–16. http://dx.doi.org/10.3329/jbt.v8i1-2.18283.
Testo completoAbstract (sommario):
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 the superior positions. Though it was a courageous effort from the legislature and the judiciary to make the dispute resolution system compatible with the changing society, a question remains: how much upshot is there in the legal field? To what extent does the ADR process elude or ensure justice? DOI: http://dx.doi.org/10.3329/jbt.v8i1-2.18283 Journal of Business and Technology (Dhaka) Vol.8(1-2) 2013; 1-16
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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, n. 2 (9 agosto 2020): 10–17. http://dx.doi.org/10.18844/prosoc.v7i2.5013.
Testo completoAbstract (sommario):
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 system.
Keywords: Conflict, dispute, mediation, family.
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COTTAM, G. "BRIEFING: ADR (ALTERNATIVE DISPUTE RESOLUTION) AND THE CONSTRUCTION INDUSTRY." Proceedings of the Institution of Civil Engineers - Civil Engineering 92, n. 1 (febbraio 1992): 5–6. http://dx.doi.org/10.1680/icien.1992.18041.
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Sajudin, Mohammad. "PENYELESAIAN PELANGGARAN LALU LINTAS MELALUI ALTERNATIVE DISPUTE RESOLUTION (ADR)". SPEKTRUM HUKUM 14, n. 1 (20 aprile 2017): 58. http://dx.doi.org/10.35973/sh.v14i1.1142.
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Bohlander, George W., e Robert J. Deeny. "Designing a Legally Defensible Alternative Dispute Resolution (Adr) Agreement". Journal of Individual Employment Rights 7, n. 3 (1 gennaio 1998): 189–98. http://dx.doi.org/10.2190/62mn-78jm-1utk-kwb7.
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