10. Alternative Dispute Resolution

2018 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Third Party ◽  
The Third ◽  
Early Settlement ◽  
Court Involvement ◽  
The Third Party ◽  
The Cost

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

10. Alternative Dispute Resolution

2020 ◽  
pp. 111-117
Author(s):  
Stuart Sime
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Third Party ◽  
The Third ◽  
Early Settlement ◽  
Court Involvement ◽  
The Third Party ◽  
The Cost

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

10. Alternative dispute resolution

2016 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Third Party ◽  
The Third ◽  
Early Settlement ◽  
Court Involvement ◽  
The Third Party ◽  
The Cost

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

10. Alternative Dispute Resolution

2019 ◽  
pp. 111-117
Author(s):  
Stuart Sime
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Third Party ◽  
The Third ◽  
Early Settlement ◽  
Court Involvement ◽  
The Third Party ◽  
The Cost

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

10. Alternative dispute resolution

2017 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Third Party ◽  
The Third ◽  
Early Settlement ◽  
Court Involvement ◽  
The Third Party ◽  
The Cost

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

10. Alternative Dispute Resolution

2021 ◽  
pp. 112-118
Author(s):  
Stuart Sime
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Third Party ◽  
The Third ◽  
Early Settlement ◽  
Court Involvement ◽  
The Third Party ◽  
The Cost

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

scholarly journals Critical Factors for Selecting a Neutral to Support Alternative Dispute Resolution Methods in the Construction Industry

2018 ◽  
Vol 4 (1) ◽  
pp. 11 ◽  
Author(s):  
Abdollah Saeb ◽  
Othman Bin Mohamed ◽  
Mohd Suhaimi Bin Mohd Danuri ◽  
Norhanim Binti Zakaria
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Alternative Dispute Resolution ◽  
Multiple Roles ◽  
Third Party ◽  
Critical Factors ◽  
The Third ◽  
Technical Issues ◽  
The Third Party

Alternative dispute resolution methods (ADR) were developed in the construction industry to acquire suitable solutions.  These methods are classified based on the role of the third party (neutral). Third-parties can play multiple roles in the ADR process including a facilitative, advisory, determinative or combined. The authorities of the third-party in the types of ADR techniques are different. Despite the importance of a third party in the ADR process, previous studies are not clearly identified factors for selecting them. The purpose of this research is to provide critical factors for neutral to support ADR methods in the construction industry. This research also, highlights the role of neutral in common ADR techniques. Random sampling was used for quantitative data collection. Of the 200 experts invited to fill in the questionnaire, 112 experts participated. To provide critical factors the factor analysis was used. The research found four critical factors for selecting supporting ADR neutrals in construction including; familiarity with legal and technical issues, being accepted by parties, efficiency and fairness. It can be concluded that selecting neutral party using the critical factors is efficient because the selection of a third-party in ADR is based on many variables is very difficult.

scholarly journals JUSTICE IN MANY ROOMS IN SHARIA BANKING DISPUTE RESOLUTION TO ACHIEVE JUSTICE

2018 ◽  
Vol 3 (1) ◽  
pp. 43
Author(s):  
Nita Triana
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Islamic Law ◽  
Third Party ◽  
Second Step ◽  
Legal Research ◽  
Long Time ◽  
The Cost ◽  
Religious Courts

This paper examines the dispute resolution of Sharia Banking. The method is a non-doctrinal legal research using qualitative research  and Socio Legal approach. Sharia banking cannot be separated from the problems between the banking and the Customer. This problem is calledproblematic financing. The resolution  of problematic financing of sharia banks in litigation is now the absolute authority of the Religious Courts. The downside of litigation settlement usually takes a long time, the need for proof, the cost is quite expensive and the result is winningor lost. Therefore, the settlement of sharia banking is very rarely resolved through litigation. Alternative Dispute Resolution is a choice of dispute settlement chosen by Sharia Banking. The first stage isto carry out negotiation between all parties, namely Banking (lender) and The Customer (Debtor) in the form of warning and guidance. If it does not succeed, there will bedebt restructuration. The second step is mediation, in the form of consultation with third party as a mediator.  The mediation determines the rescue process of debt by Banks when a debtor is still unable to return his debt, executed by the bank. According to Marc Galanter these various dispute resolutionsis called justice in many rooms. In Islamic Law it is known as Sulh (peace). However, to a large extent this non-litigation settlement is more satisfactory to both parties in resolving the dispute because it senses fairness and a win-win solution.

scholarly journals INSTITUTE OF MEDIATION: FOREIGN EXPERIENCE AND FEATURES OF IMPLEMENTATION IN UKRAINE

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Liliia Zolotukhina ◽  
◽  
Yulia Soika ◽  
Keyword(s):  
Public Relations ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Judicial System ◽  
Third Party ◽  
Basic Training ◽  
State Budget ◽  
Foreign Countries ◽  
The Law ◽  
The Cost

The article examines the institute of mediation in foreign countries and in Ukraine. The judicial system of each state plays an important role in regulating public relations. The efficiency of the judicial system is characterized by the ability to protect the rights and freedoms of man and citizen in accordance with the law. Today in Ukraine there are problems with the effectiveness of dispute resolution in court. The most common international method of alternative dispute resolution is the institution of mediation. The effectiveness of mediation is proven in practice in those countries where it is implemented. Mediation is the resolution of disputes involving an independent third party, the mediator. The institution of mediation is a positive phenomenon and its consolidation at the legislative level in Ukraine will reduce the duration of civil, commercial, family and labor cases, reduce the cost of litigation from the state budget, significantly reduce the workload of judges. In Ukraine, the institute of mediation is at the stage of formation and establishment, as, despite the prevalence of the institute in the legislation of foreign countries, for the legal system in Ukraine it is a new, little-studied institution. The article analyzes the world experience of European countries in the use of mediation and the provisions of the legislation governing its implementation, taking into account the peculiarities of existing legal systems. A comparative analysis of foreign legislation and the draft Law of Ukraine "On Mediation" was also conducted. The analysis shows that the bill in Ukraine needs to be finalized, so proposed amendments to the draft Law of Ukraine "On Mediation", namely: 1) to determine the places of mediators in the system of state bodies: to create an autonomous body to exercise a controlling function over the activities of intermediaries or to give the Ministry of Justice of Ukraine appropriate powers; 2) regulate the procedure for referring parties to mediation; 3) to enshrine a rule that would prohibit judges from being mediators; 4) as a result of completion of basic training in the field of mediation, to provide in the Law of Ukraine, the obligation to pass the qualifying examination of a mediator.

scholarly journals JUSTICE IN MANY ROOMS IN SHARIA BANKING DISPUTE RESOLUTION TO ACHIEVE JUSTICE

2018 ◽  
Vol 3 (1) ◽  
pp. 43
Author(s):  
Nita Triana
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Islamic Law ◽  
Third Party ◽  
Second Step ◽  
Legal Research ◽  
Long Time ◽  
The Cost ◽  
Religious Courts

This paper examines the dispute resolution of Sharia Banking. The method is a non-doctrinal legal research using qualitative research  and Socio Legal approach. Sharia banking cannot be separated from the problems between the banking and the Customer. This problem is calledproblematic financing. The resolution  of problematic financing of sharia banks in litigation is now the absolute authority of the Religious Courts. The downside of litigation settlement usually takes a long time, the need for proof, the cost is quite expensive and the result is winningor lost. Therefore, the settlement of sharia banking is very rarely resolved through litigation. Alternative Dispute Resolution is a choice of dispute settlement chosen by Sharia Banking. The first stage isto carry out negotiation between all parties, namely Banking (lender) and The Customer (Debtor) in the form of warning and guidance. If it does not succeed, there will bedebt restructuration. The second step is mediation, in the form of consultation with third party as a mediator.  The mediation determines the rescue process of debt by Banks when a debtor is still unable to return his debt, executed by the bank. According to Marc Galanter these various dispute resolutionsis called justice in many rooms. In Islamic Law it is known as Sulh (peace). However, to a large extent this non-litigation settlement is more satisfactory to both parties in resolving the dispute because it senses fairness and a win-win solution.

Query Authentication of Outsourced Spatial Database

2020 ◽  
Vol 17 (4) ◽  
pp. 539-547
Author(s):  
Jun Hong ◽  
Tao Wen ◽  
Quan Guo
Keyword(s):  
Spatial Data ◽  
Spatial Database ◽  
Third Party ◽  
Spatial Query ◽  
The Public ◽  
The Third ◽  
Data Owner ◽  
Spatial Data Management ◽  
The Third Party ◽  
The Cost

Outsourcing spatial database to a third party is becoming a common practice for more and more individuals and companies to save the cost of managing and maintaining database, where a data owner delegates its spatial data management tasks to a third party and grants it to provide query services. However, the third party is not full trusted. Thus, authentication information should be provided to the client for query authentication. In this paper, we introduce an efficient space authenticated data structure, called Verifiable Similarity Indexing tree (VSS-tree), to support authenticated spatial query. We build VSS-tree based on SS-tree which employs bounding sphere rather than bounding rectangle for region shape and extend it with authentication information. Based on VSS-tree, the third party finds query results and builds their corresponding verification object. The client performs query authentication using the verification object and the public key published. Finally, we evaluate the performance and validity of our algorithms, the experiment results show that VSS-tree can efficiently support spatial query and have better performance than Merkle R tree (MR-tree)

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