Alternative Dispute Resolution for Judges & Businesses / MEDIOS ALTERNOS PARA LA SOLUCION DE CONTROVERSIAS PARA JUECES Y EMPRESARIOS, Mexico, 3-4 June / junio 1999, organised by the NAFTA Advisory Committee on Private Commercial Disputes and the U.S. - Mexico Conflict Resolution Center / organizado por el Comite Consultivo de Controversias Comerciales Privadas del TLCAN y el Centro de Resoluciones de Controversias Mexico - Estados Unidos

1999 ◽  
Vol 4 (1) ◽  
pp. 96-97
Keyword(s):  
Conflict Resolution ◽  
Advisory Committee ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
The U.S ◽  
Commercial Disputes

scholarly journals The Role of Alternative Dispute Resolution in Trans-Boundary Land Dispute: The Case of Ikot Idaha and Osuk Ediene Communities in Akwa Ibom State, Nigeria

2019 ◽  
Vol 17 (2) ◽  
pp. 68-78
Author(s):  
R.E Ukpong-Umo ◽  
I.U Udobia ◽  
A.O Agwu
Keyword(s):  
Conflict Resolution ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Monitoring And Evaluation ◽  
Mediation Process ◽  
Interview Method ◽  
Land Dispute ◽  
The People ◽  
Content Analysis Method ◽  
Border Conflicts

The perennial land dispute of Ibime Water Trench, a trans-boundary land area between Ikot Idaha and Osuk Ediene Communities in Ikono Local Government Area of Akwa Ibom State has led to discord, hatred and dissonance over several years in the past. Despite repeated efforts by both parties to identify and resolve the underlying issues and contain the problem, it was found to have recurred after a period of seeming calm. This paper therefore aims at investigating and identifying the underlying factors that trigger recurrent trans-border conflicts between Ikot Idaha and Osuk Ediene Communities and the application of Alternative Dispute Resolution (ADR), using the Mediation Technique in conflict resolution. Data were elicited through the indept interview method and analysed using the content analysis method. Result shows that through the Mediation process, both disputing parties were able to resolve their differences and have been living and sharing in the Ibime water resources together and peacefully for over thirty years. In line with the theory of Conflict Resolution, the development of Impact Sensitive Outcome Mapping as a form of monitoring and evaluation was adopted to serve as an intervention to proffer a lasting solution for a peaceful coexistence among the people of both communities.

Assessing the efficacy of forum selection agreements in Commonwealth Africa

2020 ◽  
Vol 7 (2) ◽  
pp. 1-40
Author(s):  
Theophilus Edwin Coleman
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Arbitral Tribunal ◽  
African Countries ◽  
The Subject ◽  
Dispute Resolution Mechanism ◽  
Domestic Support ◽  
Commercial Disputes

Any international commercial agreement has the potential to be the subject of a dispute. In resolving international commercial disputes, parties to a contract are at liberty to choose any dispute resolution mechanism that best serves and meets their commercial interests. Generally, parties to an international commercial contract may resort to courtroom litigation or choose an alternative dispute resolution (ADR) mechanism as a method of resolving their transnational disputes. Underlying almost every international commercial contract, therefore, is a very primary question about where, by whom and how the parties prefer their disputes to be litigated. The response to this question depends on whether parties prefer traditional courtroom litigation, or an ADR mechanism. In most instances, countries put in place dispute resolution regimes that seek to afford contracting parties the liberty to submit their disputes to a foreign forum or an arbitral tribunal for legal redress and/or a remedy. However, while the efficacy of resolving international disputes through arbitration has garnered immense international and domestic support, the submission of disputes by parties to a foreign forum through a forum selection agreement is regarded with much ambivalence in most countries. This article assesses the efficacy of forum selection agreements in Commonwealth Africa. It appraises the judicial approach of courts in Commonwealth African countries relative to the essence and effect of forum selection agreements. This article argues and calls for a higher degree of judicial commitment to the juridical choices of private individuals who are party to an international commercial contract, especially with regard to forum selection agreements.

§ 278a ZPO als Schnittstelle zwischen Gerichtsverfahren und außergerichtlicher Mediation

2019 ◽  
Author(s):  
Clemens Bushart
Keyword(s):  
Conflict Resolution ◽  
Conflict Management ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Civil Procedure ◽  
Court Proceedings

Choosing the appropriate conflict resolution procedure is paramount to proper and effective conflict management. An important impetus for the choice of the most suitable procedure is provided by § 278a of the ZPO (Germany’s Code of Civil Procedure), which enables judges to suggest a range of out-of-court alternative dispute resolution procedures, including mediation. In this study, the author analyses the regulatory content of § 278a of the ZPO as well as the function and potential of the provision to act as an interface between court proceedings and extrajudicial mediation. Using the finding that judges rarely propose that litigants switch to extrajudicial mediation, the author empirically examines the reasons for the cautious application of § 278a of the ZPO and develops a set of comprehensive recommendations to optimise the procedural interface.

scholarly journals Alternative Dispute Resolution Mechanisms in Colombia and Russia: Conciliation and Mediation

Justicia ◽  
2021 ◽  
Vol 26 (40) ◽  
pp. 128-142
Author(s):  
Milton Arrieta López ◽  
Abel Meza Godoy ◽  
Ilya Vladimirovich Afanasiev ◽  
Vladimir Dmitriyevich Sekerin ◽  
Sara Noli
Keyword(s):  
Qualitative Research ◽  
Conflict Resolution ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Initial Phase ◽  
Access To Justice ◽  
Human Right ◽  
Russian Constitution ◽  
Dispute Resolution Mechanism

In this article, the authors compare alternative conflict resolution mechanisms in Colombia and Russia. In the former, conciliation is the most developed alternative dispute resolution mechanism, while in the latter, mediation is the most developed. In order to deepen this comparison, a qualitative research of interpretative nature has been developed with the support of bibliographic-documentary material. The main conclusion is that access to justice is a human right that has been positivized as a fundamental right in the constitutions of both Colombia and Russia. However, the Colombian Constitution allows individuals to exercise their jurisdictional functions on a temporary basis, unlike the Russian Constitution, which only authorizes judges from the Federation to exercise their jurisdictional functions. While conciliation in Colombia is developed and implemented through State-supervised Conciliation and Arbitration Centers, mediation in Russia is in its initial phase and has gradually gained acceptance in society. In both states, the implementation of alternative dispute resolution mechanisms has been driven by the need to decongest the courts and tribunals of ordinary justice. Therefore, it is useful to insist on the massive use of these instruments to make possible a justice that comes from the parties in conflict, that can repair the relations of the subjects in dispute and that tends towards the construction of more peaceful societies.

scholarly journals Introduction: Conflict Resolution and Social Justice

1999 ◽  
Author(s):  
Richard Rubenstein
Keyword(s):  
Social Justice ◽  
Conflict Resolution ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Social Philosophy ◽  
Relational Justice ◽  
Multiple Meanings ◽  
Principled Negotiation

A daunting obstacle to clarity in formulating ideas about conflict resolution and social justice is the fact that each of these terms has multiple meanings. There is widespread recognition that "social justice" is a multivalent phrase. Commentators since Aristotle have written of distributive, restitutive, retributive, procedural, and relational justice, and each of these types has been further subdivided to reflect differences in social philosophy and in common usage. Less well recognized is the ambiguity of "conflict resolution," a term that refers to a mélange of theories and practices that, although interrelated, do not constitute a cleanly demarcated and coherently defined whole. To name a few large subdivisions in this evolving field, we are accustomed to speak of alternative dispute resolution, principled negotiation, relational transformation, public dispute resolution, analytical conflict resolution, and individual or communal reconciliation processes.

SOCIAL PARTNERSHIP AS A TOOL FOR STRENGTHENING THE RUSSIAN TAX SYSTEM

2021 ◽  
Vol 1 (2) ◽  
pp. 58-63
Author(s):  
D. S. GOLUB ◽  
Keyword(s):  
Conflict Resolution ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Budget Process ◽  
Environment Interaction ◽  
Business Climate ◽  
Tax System ◽  
Building Relationships ◽  
Social Partnership ◽  
Healthy Environment

The article considers approaches to building relationships in the tax area, in accordance with which, the author found that the cooperation of business, society and the state in tax matters requires greater responsibilities of each participant in the tax system, and a healthy environment interaction favorable business climate, efficient, transparent budget process and a well-developed institutions of conflict resolution, including alternative dispute resolution. The directions of improvement of relations between tax authorities and taxpayers in accordance with the ideas of social partnership have been developed.

Organizational Conflict Resolution and Strategic Choice: Evidence from a Survey of Fortune 1000 Firms

ILR Review ◽  
2019 ◽  
Vol 73 (2) ◽  
pp. 431-455 ◽  
Author(s):  
David B. Lipsky ◽  
Ariel C. Avgar ◽  
J. Ryan Lamare
Keyword(s):  
Conflict Resolution ◽  
Dispute Resolution ◽  
Survey Data ◽  
Alternative Dispute Resolution ◽  
Strategic Orientation ◽  
The Other ◽  
Firm Level ◽  
Strategic Orientations ◽  
Fortune 1000 ◽  
The One

This article examines the strategic underpinnings of firms’ use of alternative dispute resolution (ADR) practices. The authors argue that a firm’s strategic orientation and commitment to ADR shape its adoption of dispute resolution techniques—such as mediation and arbitration. Firms vary in the benefits they seek to gain from adopting ADR practices, and firm-level use is affected by these anticipated benefits. The authors also propose a link between a firm’s commitment to the diffusion, access, and their use of ADR, on the one hand, and employee usage on the other. They test their theory using survey data from Fortune 1000 corporations and identify four distinct strategic orientations toward ADR, which in turn help to explain use of ADR within firms. Finally, they also find that a firm’s commitment to ADR is also shown to affect the firm’s use of mediation and arbitration.

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