scholarly journals Evolution of Dispute Resolution Processes: From Informal to Formal and Back to Informal

2020 ◽  
Vol V (II) ◽  
pp. 327-333
Author(s):  
Abida Hassan ◽  
Dil Muhammad Malik
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Formal System ◽  
New Technique ◽  
Historical Evolution ◽  
Ancient Time ◽  
The World ◽  
A New Technique ◽  
The Times ◽  
Resolution Processes

This article aims to provide information relating to Alternative Dispute Resolution (Informal Dispute Resolution) which is considered a new technique for the resolution of disputes in western countries. Still, from the study, it has been proven that it is not a new technique, and has been in practice in one form or other in different times and civilizations; it is a conversion to new title and system with some modification, but the aim is same as was in ancient time, i.e., the historical evolution of the system from Torah period to present time presents the whole picture of this system. The study highlighted both practices in ancient and present times which shows that the system has been working successfully in all the times. Therefore, it can be applied elsewhere in the world, so the researcher is of the view that this system is more sustainable in any form than the formal system because it reflects the friendly, amicable, long-lasting relationships between parties.

Mediation and Alternative Dispute Resolution

2021 ◽  
pp. 470-491
Author(s):  
Edwin Glasgow QC ◽  
Marion Smith QC
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Alternative Dispute Resolution ◽  
Standard Form ◽  
Civil Procedure ◽  
England And Wales ◽  
Industry Standard ◽  
The World ◽  
The Uk ◽  
Resolution Processes

This chapter focuses on alternative dispute resolution (ADR), which is used as a collective description of various methods of resolving disputes other than through the formal adversarial processes of litigation or arbitration. It emphasizes how ADR is now recognized in construction industry standard form contracts that provide for dispute resolution processes. It also mentions courts in the UK and throughout the world that support and actively encourage ADR, specifically in England and Wales that includes ADR as part of the Civil Procedure Rules (CPR). This chapter considers the use of ADR to assist in resolving disputes in the construction industry. It concentrates on mediation but also looks at negotiation and early neutral evaluation.

scholarly journals The Paradoxical Use of the Term Sulh: An Analytical Study from Quranic Perspective

2020 ◽  
Vol 16 (1) ◽  
pp. 1-14
Author(s):  
Muhammad Rafiqul Hoque ◽  
Muhammad Mustaqim Mohd Zarif
Keyword(s):  
Qualitative Study ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Analytical Study ◽  
Judicial System ◽  
The West ◽  
The World ◽  
History Of ◽  
Two Sides

Dispute resolution systems are broadly divided into two sides namely Judicial Dispute Resolution (JDRS) and Non-Judicial Dispute Resolution Systems (NJDRS). The first one is more formal, and the latter is informal which is known as Alternative Dispute Resolution (ADR) all over the world. Though ADR is claimed to be a great innovation of the West, it is found to be practiced in the Islamic Judicial System from its very inception. ADR was practiced throughout the history of Islamic Judiciary as sulh. However, the use of the word sulh in the meaning of ADR needs to be explained in the present judicial context. Scholars sometimes discussed sulh as a system parallel to ADR and sometimes as a process, which creates confusion in its multiuse. Hence, this study aims at eliminating this confusion on the paradoxical use of the term sulh as a system for dispute resolution as well as a process of that system. At present, hardly any study has precisely differentiated between them. Thus, this qualitative study focuses on discussing it primarily from the perspectives of the Quran, documented sources as well as interviews. The major finding of this study is that sulh, comparing with present day ADR, does not need to be used paradoxically. The main contribution of the study is to propose a clarification of sulh in the line of ADR fruitfully. The findings of this study are not only useful in clarifying the exact meanings of the term as used in different contexts but also applicable to solve problems faced by arbitrators involved in various indigenous traditional dispute resolution systems such as shalish in Bangladesh and elsewhere.

Alternative Dispute Resolution and Individual Workplace Rights: The Evolving Role of Fair Work Australia

2011 ◽  
Vol 53 (5) ◽  
pp. 718-732 ◽  
Author(s):  
Therese MacDermott ◽  
Joellen Riley
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Access To Justice ◽  
Traditional Role ◽  
Adverse Action ◽  
Recognition And Enforcement ◽  
Workplace Rights ◽  
The Right ◽  
Resolution Processes

This article examines the dispute resolution practices of Fair Work Australia that are evolving to deal with individual workplace rights, as its traditional role shifts away from conciliating and arbitrating collective industrial disputes. The workplace rights enshrined in the ‘general protections’ provisions in Part 3-1 of the Fair Work Act 2009 protect employees and prospective employees from any ‘adverse action’ taken against them because they are exercising a workplace right, or because they fall within one of the protected categories, such as the right to be free from discrimination. A broad range of alternative dispute resolution processes is now available to Fair Work Australia in dealing with such disputes. Alternative dispute resolution processes are seen as a way of avoiding costly and time-consuming litigation, and in some circumstances can improve access to justice for individuals. This article explores whether Fair Work Australia is likely to adopt different dispute resolution approaches from its traditional conciliation practices when managing ‘general protections’ applications, and whether the framework for dealing with these disputes will facilitate fair recognition and enforcement of workplace rights.

Teetering at the Top of the Ladder: The Experience of Citizen Group Participants in Alternative Dispute Resolution Processes

1996 ◽  
Vol 39 (2) ◽  
pp. 249-262 ◽  
Author(s):  
Julia M. Wondolleck ◽  
Nancy J. Manring ◽  
James E. Crowfoot
Keyword(s):  
Dispute Resolution ◽  
Citizen Participation ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Working Relationships ◽  
Citizen Groups ◽  
Citizen Group ◽  
Critical Components ◽  
Resolution Processes ◽  
Do So

Citizen groups that participate in alternative dispute resolution processes have overcome many of the barriers described in Sherry Arnstein's classic article, “A Ladder of Citizen Participation.” A well-structured collaborative process can remedy some of the imbalances and other stumbling blocks inherent in traditional forums, broadening the issues considered as well as the potential solutions. At the top of the ladder, there exists a three-runged extension of choices. First citizens must make the strategic choice whether or not to participate in the dispute resolution process. Second, if they choose to participate, citizens must then determine how to do so effectively. Citizen representatives can significantly influence the outcome of a negotiation if they pay attention to the critical components comprising the dispute settlement process and ensure that these are satisfactory at the outset. They must also maintain effective communication with their constituencies. At the third rung, citizen groups confront the need for continued involvement, both to ensure implementation of any agreements reached, as well as to capitalize on the productive working relationships and opportunities for further influence provided by their participation in this process.

scholarly journals The Artist: Silent Technique in Film Form

2017 ◽  
Vol 3 (1) ◽  
pp. 9
Author(s):  
Agustinus Dwi Nugroho
Keyword(s):  
Film Studies ◽  
Transition Process ◽  
New Technique ◽  
Observation Process ◽  
The World ◽  
Strong Motivation ◽  
A New Technique ◽  
New Perspective ◽  
Film Form ◽  
Silent Era

The Artist is a film that uses the silent era techniques to visualize the film. This study sought to uncover what the motivation behind the use of techniques to the silent era films with his observation of the text of both aspects of the narrative as well as aspects of the technique. The findings of the observation process could be the basis of analysis. The Artist makes this silent era technology into a cinematic technique to visualize the film. This has become a strong motivation and able to demonstrate the strength of the story as a whole that tells about the silent era transition process from the perspective of the player. The silent era techniques were used to make this technique as a force in the film. This study focuses on how the technique of the silent era emerged as a new technique in the world of film and brings new perspective in film studies. This new technique emerged because it was never used fully in the present.

scholarly journals The Resolution of International Trade Disputes through Arbitration

2020 ◽  
Vol 2 (1) ◽  
pp. 296-301
Author(s):  
Nufaris Elisa
Keyword(s):  
International Trade ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Trade Disputes ◽  
Commercial Arbitration ◽  
Trade Finance ◽  
International Commercial Arbitration ◽  
Trade Dispute ◽  
The World

If an international trade dispute occurs, so that the ways of resolution can be reached through non-litigation (alternative litigation) or Alternative Dispute Resolution (ADR). The facilities classified as ADR other than Arbitration facilities as contained in Article 6 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution which includes facilities including Meditation facilities, Negotiation facilities, Consolidation facilities, and other facilities. Based on the Arbitration Law it provides an opportunity to resolve trade disputes through the Arbitration institution and it is very appropriate if this institution has a very important role in resolving disputes that occur in the world of international trade. The scope of disputes which can be tried in a trial of the International Commercial Arbitration institution must be related to the issue of trade, finance and general trading (commerce), while those relating to other matters have nothing to do at all.

scholarly journals PELAKSANAAN SITA JAMINAN DALAM HUKUM ACARA ARBITRASE

Yuridika ◽  
2010 ◽  
Vol 25 (1) ◽  
Author(s):  
Sujayadi . ◽  
Yuniarti .
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
The Law ◽  
To Come ◽  
The Individual ◽  
Resolution Processes ◽  
Selection Of

Alternative dispute resolution (ADR) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. Despite historic resistance to ADR by many popular parties and their advocates, some courts now require some parties to resort to ADR of some type, usually mediation. The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute. In Indonesia based on the Law No. 30/1999 concerning Alternative Dispute Resolution and Arbitration, ADR is interpreted as alternative to adjudication as it is reflected in the title of the Law No. 30/1999. Based on article 32 the collateral forclosure is enable to be done. The procedure of this were adopting the procedure of the collateral forclosure in civil court.Keyword : Alternative dispute resolution, collateral forclosure.

scholarly journals PERBANDINGAN PENYELESAIAN SENGKETA MEREK BERDASARKAN UNDANG-UNDANG MEREK NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS JO. UNDANG-UNDANG NOMOR 30 TAHUN 1999 TENTANG ARBITRASE DAN ALTERNATIF PENYELESAIAN SENGKETA DENGAN WORLD INTELLECTUAL PROPER

2019 ◽  
Vol 11 (1) ◽  
pp. 97-113 ◽  
Author(s):  
Shelly Kurniawan
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
World Intellectual Property Organization ◽  
The World

Dispute resolution does not only have to go through court, it can also resolve by alternative dispute resolution. Alternative dispute resolution regulated in Indonesia through Act Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution that more diverse than alternative dispute resolution provided by the World Intellectual Property Organization (WIPO) through the WIPO Arbitration and Mediation Centre. Alternative dispute resolution in Indonesia can be in consultation, mediation, negotiation, conciliation, arbitration, and expert determination. The WIPO Arbitration and Mediation Centre at least provides four option for the alternative dispute resolution, namely mediation, arbitration, expedited arbitration, and expert determination. This research is to compare the alternative dispute resolution in marks dispute resolution jo. the act of alternative dispute resolution and alternative dispute resolution on WIPO Arbitration and Mediation Centre. Only expedited arbitration that is not explicitly regulated in Act Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, but there is provisions that resemble to expedited arbitration, i.e. a sole arbiter

3 Investment Treaty Arbitration

2017 ◽  
Author(s):  
Bonnitcha Jonathan ◽  
Skovgaard Poulsen Lauge N ◽  
Waibel Michael
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
International Courts ◽  
Investment Treaty ◽  
Arbitration Process ◽  
Domestic Courts ◽  
Basic Features ◽  
Resolution Processes ◽  
Core Features ◽  
Investment Treaty Arbitration

This chapter provides an overview of investment treaty arbitration, where a host state’s consent to investor–state arbitration is contained in an investment treaty. The first section explains the basic features of investment treaty arbitration, and compares it to other dispute resolution processes—such as domestic and international courts, investor–state arbitration based on contracts, as well as state-to-state arbitration. The second section describes different institutions and arbitral rules for investment treaty arbitrations. It outlines the phases of investment treaty arbitrations and the core features of the arbitration process, such as the choice of remedies. The third section deals with issues that arise following the conclusion of an investment treaty arbitration—notably, the review, enforcement, and compliance with arbitral awards. The fourth section evaluates two potential alternatives to investment treaty arbitration—alternative dispute resolution (ADR) and litigation in domestic courts.

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