New legislative accents in the mediation procedure and legal principles of alternative dispute resolution

2022 ◽  
pp. 85-91
Author(s):  
V. V. Borodin ◽  
T. G. Furman
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Mediation Process ◽  
Legal Principles ◽  
Federal Laws ◽  
Mediation Agreement ◽  
Independent Decision

The article analyzes the latest versions of federal laws that made changes to the mediation procedure — allowed judges to resign to perform the procedure of professional mediation; provided an opportunity to notarize a mediation agreement, giving force to an enforcement document; the procedure of «judicial reconciliation» appeared. It is proved that mediation in its essence is not the «activity» of professional intermediaries, mediators, but a «procedure», namely, a structured process that is an alternative dispute resolution technology. The legal principles of the mediation process are disclosed: voluntariness, confidentiality, neutrality, passionlessness and independence of the mediator, independent decision-making by the parties, equality of the parties.

22 Alternative Dispute Resolution

2019 ◽  
Author(s):  
Brealey Mark ◽  
George Kyla
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Civil Procedure ◽  
Mediation Process ◽  
Cross Border ◽  
Practical Guidance ◽  
Mediation Agreement

This chapter examines the use of alternative dispute resolution (ADR) for resolving competition-related disputes. It first provides an overview of the benefits of mediation as a means of resolving competition disputes and how ADR is encouraged in competition litigation. It then considers the relevant ADR provisions in the Civil Procedure Rules 1998 (CPR) and in the Competition Appeal Tribunal (CAT) Rules, before discussing cross-border mediations and how disputes are mediated and regulated. It also offers practical guidance on when to mediate, choosing a mediator, the typical stages of a mediation process, the role of a mediation agreement, and the implications of mediation confidentiality. Finally, it explains the specific provisions relating to voluntary redress schemes, a form of ADR.

scholarly journals Efektivitas Mediasi sebagai Alternative Dispute Resolution Terhadap Perkara Perceraian di Pengadilan Agama Pematangsiantar

2020 ◽  
Vol 3 (2) ◽  
pp. 734-742
Author(s):  
Rayani Saragih ◽  
Maria Ferba Editya Simanjuntak
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Good Faith ◽  
Mediation Process ◽  
Legal Research ◽  
Peace Agreement

This study aims to analyze the effectiveness of meditation on divorce cases in the Pematangsiantar Religious Court. The problem in this research is focused on how to implement Mediation in divorce cases at the Pematangsintar Religious Court. The research method in this research is empirical normative legal research, namely by analyzing the related regulations by summarizing them with the results of data obtained directly from the Pematangsianta Religious Court, then the data is analyzed qualitatively. This study concludes that mediation as an Alternative Dispute Resolution (ADR) is seen as an effective and fair way of dispute resolution. Mediation outside the court is regulated in Article 6 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Mediation as a decision-making mechanism or a peace agreement is the main authority of the disputing parties and maintains good relations. Mediation must be carried out first in divorce cases before the judge decides in the divorce case, because every judge's decision that does not go through mediation is considered. null and void. The Mediator Judge as much as possible carries out a mediation process with the parties in the case so that the marriage is maintained. However, the success of mediation lies in the good faith of both parties in following and compliance with the mediation process.

An Undergraduate Course in Psychology and the Law

1987 ◽  
Vol 14 (4) ◽  
pp. 238-239 ◽  
Author(s):  
Edith Greene ◽  
Edith Greene
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Criminal Law ◽  
Alternative Dispute Resolution ◽  
Civil Law ◽  
Plea Bargaining ◽  
Jury Decision Making ◽  
Teaching Aids ◽  
The Law ◽  
Jury Decision

This article describes a course that bridged the disciplines of clinical and experimental psychology and the law. The course included discussion of issues in criminal law, such as the psychology of policing, the reliability of confessions, victimization, plea bargaining, jury decision making, and alternative dispute resolution, and in civil law, such as civil commitment, predicting dangerousness, and child custody. Course objectives, requirements, and teaching aids are outlined, and some thoughts on integrating these diverse topics are included.

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.

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.

Dissolution of Marriage

2019 ◽  
pp. 101-121
Author(s):  
Eve M. Brank
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Financial Support ◽  
Personal Relationships ◽  
State Laws ◽  
The Law ◽  
The Relationship

Not all marriages last and unlike other personal relationships, the dissolution of a marriage requires legal involvement to end the relationship. A divorce not only severs a marriage, but it also introduces legal involvement. That legal involvement is in the form of state laws that define how divorces are granted, whether the couple needs to have a formal separation before a divorce can be granted, how property should be divided upon dissolution, and whether formalized spousal financial support should commence. Although the law is involved in each of these issues, there are now more opportunities for the use of alternative dispute resolution options rather than traditional court settings that attempt to give more of the decision making back to the couple.

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.

13. Statutory Tribunals

2017 ◽  
Author(s):  
Brian Thompson ◽  
Michael Gordon
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Principles ◽  
Wide Range ◽  
Staged Approach ◽  
Administrative Justice

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the rationale for giving the task of resolving disputes to statutory tribunals rather than courts. It also describes the new structure and organization for most tribunals and how they conduct dispute resolution adjudication. This technique of redress is considered alongside some methods of alternative dispute resolution. Their place in a staged approach, proportionate dispute resolution, is outlined and the possible benefit of conceiving administrative justice as a system with a focus on users is raised.

But What If We Cannot Agree?

2020 ◽  
Vol 23 (1) ◽  
pp. 71-88
Author(s):  
Richard Schmitt ◽  
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Majority Rule

A central challenge common to democratic processes is the inability of citizens to reach agreement on any given matter. Most frequently these disagreements are settled by vote, victory going to the majority. But majority rule is a fairly recent technique. Traditionally decisions were made by some form of non-opposition. This paper describes several versions of that decision-making technique and then shows how mediation methods, also known as “ADR” (Alternative Dispute Resolution), can replicate these traditional ways of overcoming disagreement. The paper argues that these techniques are frequently superior to electoral methods of reaching agreement.

scholarly journals The Damages Directive and Consensual Approach to Antitrust Enforcement

2015 ◽  
Vol 8 (12) ◽  
pp. 181-194
Author(s):  
Raimundas Moisejevas
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Competition Law ◽  
Mediation Process ◽  
Private Enforcement ◽  
Member States ◽  
Legal Costs ◽  
To Receive ◽  
The Eu ◽  
Consensual Approach

The article focuses on the novelties introduced by the Damages Directive in the field of consensual settlements of disputes concerning private enforcement. The Damages Directive obliges Member States to ensure that the limitation period for bringing an action for damages is suspended for the duration of any consensual dispute resolution process. The Directive also establishes the main principles that govern the effect of consensual settlements on subsequent actions for damages. Since the EU framework for consensual dispute resolution of private enforcement disputes is quite new, many issues must still be solved in Member States’ practice. While analysing consensual dispute resolution in private enforcement cases, particular interest should be paid to mediation and arbitration as a form of Alternative Dispute Resolution (ADR). Mediation is often used in competition law litigation. In a mediation process, parties are subject to fewer legal costs than in litigation and arbitration. It may thus be concluded that consensual dispute resolution is usually a faster way to receive compensation. However, voluntary arrangements and ADR in competition law still raise many problems concerning both procedural and substantial legal acts

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