Alternative Dispute Resolution

2021 ◽  
Author(s):  
Faris Elias Nasrallah
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Theory And Practice ◽  
Forum Shopping ◽  
Cultural Contexts ◽  
Interdisciplinary Work ◽  
Interstate Disputes ◽  
The Relationship

Alternative dispute resolution (ADR) is an umbrella term to describe an array of social and institutional methods for resolving disputes. These methods offer individual and collective disputants a panoply of forum shopping options, each taking place in different intrinsic, inherited, and constructed cultural contexts. While not immediately apparent to lawyers or anthropologists, different ADR methods, including arbitration and mediation, in fact constitute the principal global tools utilized to resolve most international and interstate disputes concerning matters of investment, commerce, and industry. To grasp the magnitude of this necessarily requires both lawyers and anthropologists to break the barriers of habitual thinking about the nature and extent of their disciplinary and interdisciplinary work. This chapter outlines the prevalence and pervasiveness of ADR processes and practices both past and present, using ADR as an interface for reconceptualizing interdisciplinary boundaries, appraising the relationship between theory and practice, and understanding emerging social and legal practices.

scholarly journals Alternative Dispute Resolution: Use and Abuse of Information and Specialized Knowledge

1995 ◽  
Vol 33 (2) ◽  
pp. 301
Author(s):  
Judith A. Snider ◽  
C. Kemm Yates
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Specialized Knowledge ◽  
Natural Justice ◽  
The Subject ◽  
The Relationship

The authors examine the subject of Alternative Dispute Resolution ("ADR") with a focus on the issue of specialized knowledge and its use in two particular spheres of ADR: regulatory tribunals and arbitration. The authors define "specialized knowledge" and compare it to the concept of evidence in order to determine whether it is evidence which can be relied upon by regulators and arbitrators in the context of their ADR decision-making. The relationship between specialized knowledge and the rules of natural justice is explored — in particular, the audi alteram pattern rule and the rule against bias. The authors conclude by suggesting guidelines to be used by arbitrators and regulatory tribunals in adjudicating on matters before them in order to avoid challenges, by judicial review, to their decisions on the basis of misuse or "abuse" of their specialized knowledge.

scholarly journals СУТНІСТЬ ТА ОСОБЛИВОСТІ ДОСУДОВОГО ВРЕГУЛЮВАННЯ АДМІНІСТРАТИВНО-ПРАВОВИХ СПОРІВ

2019 ◽  
Vol 14 ◽  
pp. 5-18
Author(s):  
C. В. Ківалов
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
The Relationship

У статті проаналізовано поняття, сутність та особливості досудового урегулювання адміністративно-правових спорів. Особливу увагу приділено співвідношенню понять «спо­соби, альтернативні правосуддю» й «альтернативне вирішення спорів». Здійснено поділ до­судових способів за такими критеріями: 1) за суб'єктом, що здійснює процедуру вирішення спору: а) державні процедури врегулювання спору; б) недержавні процедури врегулювання спору; 2) за методом врегулювання спору: а) примирювальні (компромісні) процедури; б) правовїдновлювальні процедури; в) змішані процедури. Визначено, що найбільш поши­реними методами досудового вирішення спорів с переговори, посередництво, арбітраж.   The paper analyzes the concept, essence, and characteristics of pre-trial settlement of administrative legal disputes. Particular attention is paid to the relationship between the concepts "methods alternative to justice" and "alternative dispute resolution". The author carries out the classification of pre-trial methods according to the following criteria: 1) by the entity that carries out the procedure for dispute settlement: a) state dispute settlement procedures; b) non-state dispute settlement procedures; 2) by the method of settlement of the dispute: a) conciliation (compromise) procedures; b) procedures for restoration of rights; c) mixed procedures. It is determined that the most common methods of pre-trial dispute resolution are: negotiation, mediation, arbitration.

Dissolution of Marriage

2019 ◽  
pp. 101-121
Author(s):  
Eve M. Brank
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Financial Support ◽  
Personal Relationships ◽  
State Laws ◽  
The Law ◽  
The Relationship

Not all marriages last and unlike other personal relationships, the dissolution of a marriage requires legal involvement to end the relationship. A divorce not only severs a marriage, but it also introduces legal involvement. That legal involvement is in the form of state laws that define how divorces are granted, whether the couple needs to have a formal separation before a divorce can be granted, how property should be divided upon dissolution, and whether formalized spousal financial support should commence. Although the law is involved in each of these issues, there are now more opportunities for the use of alternative dispute resolution options rather than traditional court settings that attempt to give more of the decision making back to the couple.

scholarly journals Mediation in administrative proceedings: problems of theory and practice.

2021 ◽  
Vol 3 (3) ◽  
pp. 186-190
Author(s):  
Iryna Verba
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Administrative Process ◽  
Legislative Framework ◽  
The Moment ◽  
Administrative Proceedings ◽  
Judicial Method

The article studies the the introduction of mediation in administrative proceedings. Implementation of other alternative ways of resolution of legal disputes, for example, such as mediation, can be an option to improvement of justice access and to reduction of court overloading. The sphere of administrative disputes is the most difficult for implementation of mediation procedure. Mediation is not able to displace and replace the judicial resolution of administrative disputes using the classic adversarial procedure. It is proposed to recognize adjudication mediation as the optimal procedure in resolving administrative disputes. Proposals and recommendations concerning creation of the legislative framework for the application of mediation as the alternative dispute resolution in administrative proceedings in Ukraine are formulated. That is why resolving the issue of relieving the judiciary is relevant for the use of mediation as an alternative way of resolving disputes or conflicts. Insufficient use of mediation as a way to resolve legal conflicts, including administrative ones, is low awareness of the advantages of this method of resolving legal conflicts and its advantages over the traditional judicial method of resolving legal disputes, insufficient legal regulation of mediation in Ukrainian legislation, lack of sufficient professional mediators who could provide quality mediation services, conservatism of both lawyers and participants in the administrative process at the moment of development of the legal system in Ukraine.

scholarly journals The Adoption of International Arbitration as the Preferred ADR Process in the Resolution of International Intellectual Property Disputes

2021 ◽  
Vol 26 (5) ◽  
pp. 41-62
Author(s):  
David Lewis
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Reasoning ◽  
Theory And Practice ◽  
Property Law ◽  
International Arbitration ◽  
Intellectual Property Law ◽  
Cost Efficiencies

Abstract This article, which is intended for arbitration practitioners, demonstrates that international arbitration as a subset of the field of alternative dispute resolution (ADR) offers a useful toolkit for the expeditious resolution of international intellectual property law disputes. The article demonstrates how the theory and practice of international arbitration is particularly well poised to address some of the specific considerations and requirements of paramount concern to the international intellectual property lawyers and their clients. The article will explain how the inherent features of the international arbitration legal landscape combine to indicate that it should be considered as the preferred method of ADR and explain how each of these features can provide both time and cost efficiencies. The article will identify the legal reasoning behind the benefits inherent to choosing international arbitration and will also address those circumstances when international arbitration may be precluded or otherwise considered unsuitable for intellectual property matters. The article examines several distinct benefits that international arbitration uniquely offers to international intellectual property law users and highlights some areas of the field that require additional caution.

scholarly journals In Chancery: The Genesis of Micro Caseflow Management

Amicus Curiae ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 165-200
Author(s):  
Michael Reynolds
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Court System ◽  
Civil Justice ◽  
England And Wales ◽  
Informal Justice ◽  
Judicial Practice ◽  
Civil Justice System ◽  
The Relationship

This article explores an early example of subordinate judicial practice in England and Wales in which we may see some issues that later appear in the relationship between informal justice initiatives (especially alternative dispute resolution) and the civil justice system. Broadly speaking, the paper looks first at the symptoms of systemic failure in the pre-1873 system which led to the creation of the Official Referee’s office. It then considers the relevant recommendations of the Judicature Commissioners and the reasoning behind such recommendation, looking at both the macro- and the micro-levels, before exploring the referees’ diverse jurisdiction which provided a creative foundation for the evolution of interlocutory innovation. The article argues that structural realignment of the court system by the Judicature Commissioners was not sufficient in itself to eradicate all its encumbrances, but it indirectly empowered the referees to eventually bring about revolutionary procedural changes.

scholarly journals Religious Diversity in the Workplace: The Case for Alternative Dispute Resolution

2019 ◽  
Vol 68 (1) ◽  
pp. 207-223
Author(s):  
Élise Rouméas
Keyword(s):  
Dispute Resolution ◽  
Rule Of Law ◽  
Alternative Dispute Resolution ◽  
Focal Point ◽  
Religious Diversity ◽  
Public Life ◽  
The Rule Of Law ◽  
Dispute Processing ◽  
The Relationship ◽  
Diversity In The Workplace

The workplace is a focal point for debates about religion and public life. This article examines the question of religion at work, and how to fairly resolve the conflicts it generates. Specifically, it advocates for the use of alternative dispute resolution to address these conflicts. Alternative dispute resolution refers to a set of dispute processing methods, mainly arbitration and mediation. Unlike litigation, these procedures rely on the consent and cooperation of the parties involved. I argue that alternative dispute resolution is best conceived of as a desirable complement to the rule of law rather than a cheaper alternative. It conveys a distinctive approach to procedural fairness, which is attentive to individual circumstances, and it frames the relationship between disputants in a cooperative way. Alternative dispute resolution is thus a valuable tool for the accommodation of religious diversity in the professional world.

scholarly journals Jurisdictional perspectives on alternative dispute resolution and access to justice: introduction

2020 ◽  
Vol 16 (2) ◽  
pp. 103-107
Author(s):  
Lola Akin Ojelabi ◽  
Mary Anne Noone
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Critical Discussion ◽  
Access To Justice ◽  
Special Issue ◽  
Law System ◽  
The Family ◽  
Equitable Outcomes ◽  
The Relationship

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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