scholarly journals Alternative dispute resolution (ADR), the best option in family matters

2020 ◽  
pp. 12-23
Author(s):  
Daniel Antonio GONZÁLEZ-HERNÁNDEZ ◽  
Ysela REJÓN-JIMÉNEZ ◽  
Francisco Javier TEJERO-BOLÓN ◽  
Pablo Rafael VÁZQUEZ-HEREDIA
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Great Part ◽  
Protection Agency ◽  
Culture Of Peace ◽  
Level Of Knowledge ◽  
Administrative Procedures ◽  
The Subject ◽  
Descriptive Approach ◽  
The One

The objective of this research project is to show in concrete terms the importance of Alternative Dispute Resolution Means in family matters, as well as all the benefits and advantages of resorting to them. It is noteworthy that the Alternative Dispute Resolution Means, as mentioned below, we can call them novel, but not new, since they existed in some procedural legal areas already in application, such as Agrarian Law, Labor Law and in some administrative procedures such as procedures before the Federal Consumer Protection Agency. However, its incorporation as an immediate resolution of a conflict in all legal areas and prior to, and even after having initiated the procedure, is what makes this something new, which will allow those who resort to the utility of these Mechanisms, to a more prompt justice, to obtaining his justice, and to the satisfaction of his claim by giving this same possibility and opportunity to the one with whom the conflict has been had. This sample will be carried out, through the application of surveys and the realization of a brief study compared with other countries, that allows us to propose ideas and later strategies for a correct diffusion of these alternative media to society in general, which great part of this is still unknown. The possible results that we intend to obtain through the application of the surveys is to know the knowledge that society has in our environment about the existence of these alternative mechanisms, and how much they know about them, how much population approximately knows about them, as well as whether have resorted to them, how many people have resorted to and if so, how efficient and effective they consider the use of these mechanisms. This work will be carried out under an exploratory-descriptive approach, in the same way a data collection will be used in a quantitative way, since surveys will be applied to demonstrate the level of knowledge on the subject to be studied among the selected population. The contribution of this project will be to publicize, inform and bring the population closer to opting for Alternative Dispute Resolution Mechanisms as the first option to resolve their family legal disputes, thus avoiding long and costly processes, opting for a solution through the culture of peace, free and fast.

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.

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.

Competing constraints in alternative dispute resolution

1996 ◽  
Vol 19 (2) ◽  
pp. 79-114 ◽  
Author(s):  
Calvin D. Smith
Keyword(s):  
Dispute Resolution ◽  
Rapid Growth ◽  
Alternative Dispute Resolution ◽  
Preliminary Analysis ◽  
The Other ◽  
Mediation Process ◽  
Other Hand ◽  
Community Justice ◽  
Justice Program ◽  
The One

Despite rapid growth in the provision of alternative dispute resolution services by governments, little sociological attention has been paid to the emerging form these services take. In this paper I offer a preliminary analysis of mediations conducted by the Community Justice Program in Queensland. I focus on the interactional management of two competing constraints on the talk. On the one hand mediation services must provide an accountably standardised and recognisable process. This creates the need for formalisation of the mediation process. On the other hand, because of philosophical commitments to disputant control over the dispute and its outcome, Community Justice Program mediations must be conducted in such a way as to display this commitment to disputant control and authority in the proceedings. This creates a conflicting need for displays of informality. This paper focuses on some strategies which appear to be designed to achieve this mix of formality and informality in Community Justice Program mediations.

scholarly journals Alternatív közszolgáltatás, alternatív vitarendezés

2019 ◽  
Vol 31 (2) ◽  
pp. 173-183
Author(s):  
Zsuzsanna Rákóczy
Keyword(s):  
Dispute Resolution ◽  
Organized Crime ◽  
Alternative Dispute Resolution ◽  
Japanese People ◽  
Transnational Organized Crime ◽  
The Poor ◽  
The Usa ◽  
Organized Crime Groups ◽  
The One ◽  
Different Cultures

The paper aims to find a connection between the methods of alternative dispute resolution and one of the oldest and largest organized crime groups, the Yakuza, which is considered as one of the four largest transnational organized crime groups by the USA as of July, 2011. The rationale behind my research was on the one hand that numerous types of alternative dispute resolution (ADR) techniques are well-known and applied by Japanese jurisdiction, and the views and circumstances which represent the Yakuza, as a kind of public services institute, which supports the weak and the poor, as opposed to crime organizations in different countries. I assume that in a scientific manner, the Yakuza is a potential subject of an ADR process, or references of the alternative resolution of the dispute in the relevant studies and other source-strings correlating to the Yakuza could also be possible. To uncover the connections, the investigation focused on scientific studies about the applied methods of alternative dispute resolution in Japan, and in general the culture of dispute resolution of Japanese people as compared to the attitudes of citizens from different cultures. Furthermore, I seek the approaches according to which, the Yakuza in the time of need is a supporting institute, and serves society. This result could also point out further connections on the stage of politicaland economic interlocking. I expect to prove that the examined studies will lead to a correspondence between the two fields in a manner from which I could deduce consistent and scholarly application of ADR techniques with the participation of the Yakuza.

Alternative dispute resolution, Africa, and the structure of law and power: the Horn in context

1999 ◽  
Vol 43 (1) ◽  
pp. 63-70 ◽  
Author(s):  
Elisabetta Grande
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Political Leadership ◽  
Complex Societies ◽  
Horn Of Africa ◽  
Legal Transplant ◽  
The Past ◽  
The One ◽  
Dispute Resolution Mechanism

Data collected by comparative legal scholars show that legal transplants usually take place from more complex societies to less complex ones. By contrast, the alternative dispute resolution (ADR) movement that has recently developed in modern societies has been described as a return to a simple model of dispute settlement used in the past and in modern non-Western societies. Does this mean that we are experiencing a new kind of legal transplant, a transplant from less complex to more complex societies? In this article I will argue that this is not the case. Far from being a transplant from the southern to the northern hemisphere, ADR seems indeed to be a modern legal institution born from the retreat of the state from some of its traditional functions. A different question thus needs exploring: is ADR, at least, an institution that can easily be transplanted to Africa where the original transplant of the Western state has failed? In other words, is conciliatory ADR more similar to the African way of dealing with conflicts and consequently to be recommended as the dispute resolution mechanism for modern African states? The question appears to be appropriate in situations such as the one in the Horn of Africa—particularly Eritrea—where the new political leadership is confronting the difficult task of building a new legal system.

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.

scholarly journals AN OVER VIEW OF ALTERNATE DISPUTE RESOLUTION FROM THE CONTRACTUAL PERSPECTIVE IN EUROPE

2021 ◽  
pp. 19-25
Author(s):  
Asif Khan ◽  
Ali Raza Ansari ◽  
Nishan-E-Hyder Soomro ◽  
Ahmed Arafa
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Time Saving ◽  
The Subject ◽  
The Right ◽  
Alternate Dispute Resolution ◽  
Insight Into ◽  
Shed Light ◽  
The Eu

The Alternative Dispute Resolution ("ADR") is an alternative conflict settlement strategy. It follows the main objective of solving conflicts between parties stunningly through the help of independent professionals and renowned personalities. Today the role of the ADR is more important, and the number of agreements with ADR is increasing. One of the reasons for this development is that the ADR is usually more efficient and time-saving compared to normal justice delivering procedures. The current paper examines the most popular techniques for the solution of alternative disputes within the EU, through mediation. This paper associates ADR development and the European Law Legislative International Trade Conciliation (2002) along with other Laws and ADR services, such as ICC and different Laws related to the services. It then conjointly makes comparisons between the bound “member state” MS Courts to observe problems concerning ADR. Additionally, it recognizes the ADR in the light of the right to valid remedy (European Union Principles). To administer a deep insight into the subject, the paper describes additionally the ADR origin, its features, and relevance. Hence, this paper will shed light on the issues faced by parties in ADR concerning agreements and shall thereby, provide a solution to overcome the same.

Enforcing Fundamental Rights in Nigerian Courts – Processes and Challenges

2009 ◽  
Vol 3 (1) ◽  
pp. 1-11
Author(s):  
Anthony O. Nwafor
Keyword(s):  
Federal Republic ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Fundamental Rights ◽  
Economic Factors ◽  
Procedural Complications ◽  
The Government ◽  
The One ◽  
Difficult Cases

AbstractFundamental rights provisions have continued to feature very prominently in the successive constitutions of the Federal Republic of Nigeria. The enforcement procedure, however, remains identical to the one provided in 1979, in the Fundamental Rights (Enforcement Procedure) Rules. The parliament has remained aloof to these obvious realities of the procedural complications. Social, political and economic factors have continued to constitute the greatest hindrances to the citizens' desire to seek redress for the infringement of their rights. This article evaluates the provisions on fundamental rights in the Nigerian constitution, and considers the extent of enforceability under the rules and jurisdiction of courts as provided in the constitution. Alternative dispute resolution may be the panacea for the legal and economic hindrances on rights enforcement. Recommendations are accordingly made for the government to facilitate and encourage the citizens to have recourse to mediatory process in less difficult cases.

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