scholarly journals Dispute Resolution Practices in USA, Australia and UK/EU

2019 ◽  
Vol IV (I) ◽  
Author(s):  
Abida Hassan ◽  
Dil Muhammad Malik
Keyword(s):  
European Union ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Informal Justice ◽  
Resolution System ◽  
European Union Countries ◽  
Settlement Of Disputes ◽  
Formal Justice ◽  
Dispute Resolution System

The research aims to highlight and discuss the different modes of settlement of disputes in today�s populated and overcrowded societies. The research has shown that due to expensive, time consuming and rigid process of formal justice system (court litigation) USA, Australia, UK and even European Union countries have preferred informal justice system (Alternative Dispute Resolution) for disputants to opt for their solutions. The informal dispute resolution system (Alternative Dispute Resolution) prevailing in modern countries like USA, Australia and UK is full of benefits and most probably the main reason for their progress and development also, and the study has shown that the system is working successfully in these countries, therefore, it can be applied anywhere even in the developing countries as well because this system is more sustainable in any form than the formal justice system (court litigation).

scholarly journals Złożenie skargi przez konsumenta za pośrednictwem ODR (Online Dispute Resolution) – internetowego systemu rozstrzygania sporów

2019 ◽  
Vol 17 (1) ◽  
pp. 183-194
Author(s):  
Anna Rogacka-Łukasik
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
The Other ◽  
Online Dispute Resolution ◽  
Other Hand ◽  
Resolution System ◽  
Wide Range ◽  
Technical Innovations ◽  
Modern Form ◽  
Dispute Resolution System

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.

From alternative dispute resolution to pluralist dispute resolution: towards an integrated dispute-resolution mechanism in China

2020 ◽  
Vol 16 (2) ◽  
pp. 165-180
Author(s):  
Zhiqiong June Wang ◽  
Jianfu Chen
Keyword(s):  
Social Control ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Careful Examination ◽  
National Strategy ◽  
Resolution System ◽  
Future Direction ◽  
Dispute Resolution Mechanism ◽  
Dispute Resolution System

AbstractSince 1978, we have observed the steady development of institutions, mechanisms and processes of dispute resolution in China. In the last ten years or so, we then noted frequent issuance of new rules and measures as well as revision of existing laws, the promotion of mediation as the preferred method for resolving disputes and, more recently, the promotion of an integrated dispute-resolution system as a national strategy for comprehensive social control (as well as for resolving disputes), in the name of reforming and strengthening ‘the Mechanism for Pluralist Dispute Resolution’. Careful examination of these latest developments suggests that fundamental changes are taking place that may potentially alter the course of the development of the Chinese dispute-resolution system. These developments are the focus of this paper with an aim to ascertain the nature of the developments and their future direction or directions.

scholarly journals PRINSIP KEMANFAATAN PENYELESAIAN SENGKETA ELEKTRONIK SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA TRANSAKSI PERDAGANGAN ELEKTRONIK

2021 ◽  
Vol 6 (2) ◽  
pp. 67
Author(s):  
Ayudya Rizqi Rachmawati ◽  
Rahmadi Indra Tektona ◽  
Dyah Ochtorina Susanti
Keyword(s):  
Electronic Commerce ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Low Cost ◽  
Legal Research ◽  
Online Dispute Resolution ◽  
Resolution System ◽  
Dispute Resolution System

The research is motivated by the need for eff ective, effi cient and low-cost dispute resolution in dispute arising from electronic commerce transactions. That is because the implementation of electronic commerce transaction ha the characteristic of speed and ease, then it must also be accommodated in the process of settling the dispute. This study aims to analyze, and provide a description of the form of application principle of utilities in ODR as an alternative dispute resolution of electronic commerce user. The result of this normative legal research which uses statute and conseptual approach provide an explaination that online dispute resolution as an e-commerce alternative dispute resolution system trial has been in accordance with the principle of utilities, because to fulfi ll an element that there are in principle utilities in the analysis on law and economic.

scholarly journals An Empirical Study on Dispute Resolution Methods (DRM) from the Perspective of Employee and Employer: Special Emphasis on Alternative Dispute Resolution (ADR)

2014 ◽  
Vol 8 (1-2) ◽  
pp. 1-16
Author(s):  
Syed Robayet Ferdous
Keyword(s):  
Empirical Study ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
Resolution System ◽  
The Individual ◽  
A Company ◽  
Dispute Resolution System ◽  
Changing Society

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 ADR’s 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

scholarly journals FORMS AND MECHANISMS OF LAW DISPUTE RESOLUTION USING THE PRINCIPLE OF PANCASILA BASED ON LOCAL WISDOM

2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Muhammad Taufiq ◽  
Sarsiti . ◽  
Rindha Widyaningsih
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Descriptive Study ◽  
Narrative Text ◽  
Test Method ◽  
Analysis Method ◽  
Resolution System ◽  
Content Analysis Method ◽  
Qualitative Descriptive ◽  
Dispute Resolution System

 Dispute resolution in the society should be solve by the value of local wisdom. Substantially, the value of local wisdom in Banyumas have synergy with the principle of Pancasila as the source of all law source. This study uses qualitative descriptive study specifications. The test method is done by triangulation of data sources and data were analyzed using content analysis method by way of presenting data in the form of narrative text. The result is there are four types of local wisdom Banyumas which is a resource for the settlement of legal disputes that occur in society that is the tradition cablaka/ blakasutha/ thokmelong, egalitarian, rembugan traditions, and Ponco Waliko principles. While the forms of alternative dispute resolution is to use models Judge Partikulir, mediation lines, and Settlement Conference. The mechanism is made through rembugan process, the use of a mediator, the institutionalization of dispute resolution, and the execution of the verdict.Keywords: Pancasila, Local Wisdom, Dispute Resolution System

Lectura crítica del sistema extrajurisdiccional de resolución del conflicto de consumo en la Unión Europea que prevén la Directiva 2013/11/UE y el Reglamento UE 524/2013

2014 ◽  
pp. 2259-2277
Author(s):  
Ixusko ORDEÑANA GEZURAGA
Keyword(s):  
European Union ◽  
Dispute Resolution ◽  
Critical Analysis ◽  
The European Union ◽  
Resolution System ◽  
Main Components ◽  
Dispute Resolution System ◽  
Made In

LABURPENA: Europar Batasunean kontsumo-gatazkak konpontzeko jurisdikziotik kanpoko sistemaren osagai nagusiak deskribatu ondoren, sistema horren azterketa kritikoa egiten da lan honetan (hauek dira sistema horren araubidearen osagaiak: 2013/11/UE Zuzentaraua eta UE 524/2013 Erregelamendua). Horretarako, jurisdikziotik kanpoko mekanismoen berezko helburua kalitatea eta eraginkortasuna direla abiapuntu hartuta, haien elementuei buruzko arauak aztertzen dira, antolamendu berriari dagokionean. RESUMEN: Tras describir sus componentes principales, el estudio realiza un análisis crítico del sistema extrajurisdiccional de resolución del conflicto de consumo en la Unión Europea configurado por la Directiva 2013/11/UE y por el Reglamento UE 524/2013. Para ello, partiendo de que los mecanismos extrajurisdiccionales persiguen de por sí la calidad y la eficacia, se analiza la regulación de sus distintos elementos en la nueva ordenación. ABSTRACT: After describing its main components, a critical analysis on extrajurisdictional consumer dispute resolution system in the European Union provided by Directive 2013/11/UE and Regulation EU 524/2013 is made. In order to achieve this aim, assuming that extra-jurisdictional mechanisms themselves pursue quality and efficiency, their different elements are analyzed in the new regulation.

scholarly journals Mediation

Amicus Curiae ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 151-168
Author(s):  
Lesley A Allport
Keyword(s):  
Social Norms ◽  
Dispute Resolution ◽  
Justice System ◽  
Self Regulation ◽  
Community Setting ◽  
Informal Justice ◽  
Perceptions Of Fairness ◽  
First Choice ◽  
Educative Process ◽  
Formal Justice

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.

New Dispute Resolution Approach and Models for Islamic Finance

2020 ◽  
Vol 34 (2) ◽  
pp. 141-166
Author(s):  
Ai Kawamura
Keyword(s):  
Dispute Resolution ◽  
United Arab Emirates ◽  
Financial Market ◽  
Alternative Dispute Resolution ◽  
Islamic Finance ◽  
Resolution System ◽  
Political Economic ◽  
Dispute Resolution System

Abstract This article aims to clarify two pioneering models for Islamic financial dispute resolution, which have been developed in the United Arab Emirates (UAE) and in Malaysia. The models have emerged from different political economic backgrounds and legal histories. In addition, this article discusses issues regarding alternative dispute resolution (ADR) systems for Islamic finance in the UAE and in Malaysia and will also feature diversification of the Islamic financial market through the dispute resolution system.

Sign in / Sign up

Export Citation Format

Share Document