scholarly journals Efficiency and Effectiveness of Alternative Dispute Resolution Schemes Towards the Promotion of Access to Justice in Bangladesh

IIUC Studies ◽  
2014 ◽  
Vol 8 ◽  
pp. 95-112 ◽  
Author(s):  
Mohammad Saidul Islam
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Lower Class ◽  
Easy Access ◽  
Access To Justice ◽  
Significant Extent ◽  
Efficiency And Effectiveness ◽  
Right Of Access ◽  
Parental Conflicts ◽  
The Way

In recent years in Bangladesh there has been renewed emphasis on the Alternative Dispute Resolution schemes as a means to avoid the use of contested hearings in the formal litigation and to ensure the most fundamental right of access to justice for all in an easy way. These Alternative Dispute Resolution (ADR) modalities are considered as less likely to fuel the parental conflicts, more likely to induce the parties to resolve their conflicts in an amicable manner preserving the future relationship between the parties and reducing cost, delay and loss of energy to a significant extent. Following the considerable advantages of ADR almost every county of the world has introduced ADR system in its justice delivery system which has paved the way to the promotion of access to justice indiscriminately for all. This paper is an attempt to provide a comprehensive idea about obstacles in the way of access to justice in our legal system and by analyzing the different mechanisms of ADR and court and non-court based practices of those modalities under different legislations of Bangladesh, to show the fairness, efficiency and effectiveness of ADR towards the promotion of access to justice and to provide some recommendations for the complete success of ADR towards the effective, non-discriminative, speedy and easy access to justice for all either rich or poor, literate or illiterate, male or female and elite or lower class. DOI: http://dx.doi.org/10.3329/iiucs.v8i0.20405 IIUC Studies Vol.8 December 2011: 95-112

scholarly journals Reexaminando la noción de Resolución Alternativa de Disputas (ADR) en el contexto del derecho de acceso a la justicia ‘no jurisdiccional’ = Reexamining the notion of Alternative Dispute Resolution (ADR) in the context of the right of access to ‘non-jurisdictional’ justice

2018 ◽  
Vol 10 (2) ◽  
pp. 211
Author(s):  
Julio Cesar Betancourt
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Access To Justice ◽  
The Past ◽  
The Right ◽  
Right Of Access ◽  
Insight Into

Resumen: La noción de “Resolución Alternativa de Disputas”, generalmente conocida como “ADR”, ha recibido una importante acogida por parte de la literatura del common law y lo mismo puede decirse en cuanto sus principales categorías (negociación, mediación y arbitraje). ADR, lato sensu, se refiere a la idea de utilizar toda una gran variedad de mecanismos no jurisdiccionales destinados a pre­venir, manejar, resolver o solucionar conflictos intersubjetivos. De modo que la expresión resolución alternativa de disputas es, en cierta manera, insuficiente para suministrar una visión integral de todas las opciones (o alternativas) disponibles. Este artículo reexamina la noción de ADR y proporciona una novedosa visión del pasado, presente y futuro de esta relativamente nueva disciplina.Palabras clave: ADR, resolución alternativa de disputas, acceso a la justicia.Abstract: The notion of “Alternative Dispute Resolution”, commonly known as “ADR”, has re­ceived considerable attention in common law literature, and the same can be said about the main ADR categories (negotiation, mediation and arbitration). ADR, lato sensu, refers to the idea of utilising a wide variety of non-jurisdictional mechanisms that are intended to prevent, manage, resolve or settle disputes. Thus, the expression alternative dispute resolution is, somewhat, technically insufficient to account for the whole range of options (or alternatives) available. This article re-examines the notion of ADR and provides a novel insight into the past, present and future of this relatively new discipline.Keywords: ADR, alternative dispute resolution, access to justice.

scholarly journals Keeping up with change: no alternative to teaching ADR in clinic. An Australian perspective

2018 ◽  
Vol 25 (1) ◽  
pp. 35
Author(s):  
Jacqueline Weinberg
Keyword(s):  
Dispute Resolution ◽  
Clinical Education ◽  
Alternative Dispute Resolution ◽  
Legal Education ◽  
Law Students ◽  
Access To Justice ◽  
Legal Practice ◽  
Law Schools ◽  
The Cost ◽  
Client Needs

<p>Over the last 30 years alternative dispute resolution (ADR) has become more prominent in Australian legal practice due to the need to reduce the cost of access to justice and to provide more expedient and informal alternatives to litigation. As legal educators, we need to ask: how should we be preparing law students entering practice for these changes? How can we ensure that once they become lawyers, our students will not rely entirely on litigious methods to assist their clients but instead look at alternatives for dispute resolution?</p><p>In this paper, I argue that there is no alternative to teaching ADR in clinic in order to address client needs and to ensure that students engaged in clinical education are prepared for changes in legal practice today. I show that the increasing focus upon ADR in Australian legal practice represents a challenge for law schools, and that legal educators need to ensure they are educating students about ADR.</p><p>I argue that it is important to determine whether ADR is being taught to students undertaking clinical legal education in ways that will enhance their preparation for legal practice. I will show that there is a need to explore: whether ADR is being taught within clinical legal education, the strengths and weaknesses of existing approaches, and how the teaching of ADR within clinics can be improved.</p>

Unpacking the Dilemma of Alternative Dispute Resolution and Access to Justice by Women in the Ghanaian Context

2021 ◽  
pp. 171-189
Author(s):  
John Kwame Boateng ◽  
Ernest Darkwa
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Cost Reduction ◽  
Alternative Dispute Resolution ◽  
Cultural Norms ◽  
Access To Justice ◽  
Cultural Dynamics ◽  
Time Saving ◽  
Reduction Time ◽  
Remote Areas

The chapter explores the dilemma of alternative dispute resolution (ADR) and access to justice for women in Ghana. It argues that introduction and use of ADR has contributed to improving access to justice with regards to reducing delays in formal court procedures, cost reduction, time saving, opening spaces for less-resourced individuals and groups, particularly women, to have access to justice. Above all, ADR does bring access to justice systems close to remote areas, serving the needs of disadvantaged individuals including women and others who are most vulnerable. However, the weaknesses and challenges in the formal legal system, coupled with the historical and cultural dynamics of the Ghanaian society, which is patriarchal in nature, have prevented mostly women from reaping the maximum benefits of ADR. Revisiting the challenges of the justice system and the historical and cultural norms of Ghana would help increase and enhance women's access to justice through ADR.

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.

scholarly journals IMPLEMENTASI RESOLUSI MICRO CONFLICT BERBASIS ALTERNATIVE DISPUTE RESOLUTION (Studi Peran Mediasi di Pusat Pelayanan Terpadu Perempuan dan Anak Korban Kekerasan ‘Rekso Dyah Utami’ Yogyakarta)

2018 ◽  
Vol 11 (1) ◽  
pp. 57
Author(s):  
Linda Evirianti
Keyword(s):  
Dispute Resolution ◽  
Violence Against Women ◽  
Alternative Dispute Resolution ◽  
Transactional Analysis ◽  
Service Center ◽  
Social Phenomena ◽  
Women And Children ◽  
The Law ◽  
Integrated Service ◽  
The Way

Humans are social beings formed by mutual interests within the scope of the community. In relation to such reciprocity, social phenomena often arise in the form of violence or conflict arising from the existence of different interests, so that with the emergence of conflicts or disputes, the law plays an important role in resolving these conflicts, especially acts of violence against women and children. Through the Rekso Dyah Utami agency, there is an effort to minimize an act of violence. The way it is done is through the assistance of mediators in resolving cases that occurred at Integrated Service Center for Women and Children of Violence Victims (P2TPAKK) Rekso Dyah Utami through mediation practice.Keywords: communication transaction (transactional analysis), mediation, mediator.

scholarly journals IMPLEMENTASI RESOLUSI MICRO CONFLICT BERBASIS ALTERNATIVE DISPUTE RESOLUTION (Studi Peran Mediasi di Pusat Pelayanan Terpadu Perempuan dan Anak Korban Kekerasan ‘Rekso Dyah Utami’ Yogyakarta)

2018 ◽  
Vol 11 (1) ◽  
pp. 57
Author(s):  
Linda Evirianti
Keyword(s):  
Dispute Resolution ◽  
Violence Against Women ◽  
Alternative Dispute Resolution ◽  
Transactional Analysis ◽  
Service Center ◽  
Social Phenomena ◽  
Women And Children ◽  
The Law ◽  
Integrated Service ◽  
The Way

Humans are social beings formed by mutual interests within the scope of the community. In relation to such reciprocity, social phenomena often arise in the form of violence or conflict arising from the existence of different interests, so that with the emergence of conflicts or disputes, the law plays an important role in resolving these conflicts, especially acts of violence against women and children. Through the Rekso Dyah Utami agency, there is an effort to minimize an act of violence. The way it is done is through the assistance of mediators in resolving cases that occurred at Integrated Service Center for Women and Children of Violence Victims (P2TPAKK) Rekso Dyah Utami through mediation practice.Keywords: communication transaction (transactional analysis), mediation, mediator.

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 Judicial Specialisation in a Generalist Jurisdiction: Is Commercial Specialisation Within the High Court Justified?

2015 ◽  
Vol 46 (2) ◽  
pp. 307
Author(s):  
William Steel
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Future Research ◽  
High Court ◽  
The Law ◽  
The Government ◽  
Law Commission ◽  
The Way

In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the Government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this article argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that commercial parties are choosing to resolve their disputes offshore or through alternative dispute resolution. Accordingly, this article argues that future research by the Law Commission, or other research agency, is required before specialisation can be justified. In reaching this conclusion, it also examines the issues that may arise if the Government decides to continue with its proposed reform under cl 18 of the Judicature Modernisation Bill 2013, suggesting changes along the way.

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