scholarly journals Mediation in Administrative Disputes

Law and World ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 141-151
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Council Of Europe ◽  
Legal Proceedings ◽  
Dispute Resolution Mechanism ◽  
Settlement Of Disputes

The role of mediation as mechanism for the amicable settlement of disputes is growing in the modern legal sector. Mediation is an alternative dispute resolution mechanism in modern law, and the Committee of Ministers of the Council of Europe recommended to use it in administrative disputes in 2001*. Mediation as the alternative dispute resolution mechanism is actively applied in civil disputes in Georgian legal sector, although it has not gained popularity in administrative disputes. Overwhelmed courts with administrative disputes and delayed justice once again underscores the need for reform, which may consider development of a new program to establish new mechanisms in administrative disputes and popularize application of new mechanisms. The use of mediation as an alternative dispute resolution mechanism in administrative-legal proceedings may have prospects, given its growing popularity in civil disputes and the methodology for resolving disputes amicably, although this requires judicial/legislative readiness. The goal of the study is to consider the perspective and possibility of using mediation in administrative disputes in order to demonstrate the need to use mediation as a mechanism.

scholarly journals Alternative Dispute Resolution and Collective Conciliation in Nigeria: A Review of Contemporary Literature

2017 ◽  
Vol 12 (8) ◽  
pp. 261
Author(s):  
Ige Adejoke Yemisi
Keyword(s):  
Dispute Resolution ◽  
Trade Union ◽  
Trade Unions ◽  
Alternative Dispute Resolution ◽  
Contemporary Literature ◽  
Employment Relations ◽  
Roles And Responsibilities ◽  
Contextual Understanding ◽  
Dispute Resolution Mechanism

The aim of this paper is to present detailed contextual understanding of employment relations, alternative dispute resolution (ADR) and collective conciliation in Nigeria. This contextual understanding is important in order to comprehend the specific evolution of ADR and collective conciliation in Nigeria, the particular configuration of employment relations institutions and the role of different stakeholders such as trade unions and employers’ associations. The outcomes of this study, affirms the significance of the roles and responsibilities of the actors (employer, trade union, state and conciliator) and highlights the procedures inherent in the dispute resolution mechanism hence, revealing how the weakness of state machinery tends to frustrate the process of conciliation in practice. Additionally, this study offers a reflection of what previous studies have presented, concerning the perceptions of users about the outcomes of collective conciliation within the Nigerian context.

scholarly journals Application of digital technologies in litigation and dispute resolution

2021 ◽  
Vol 25 (2) ◽  
pp. 461-481
Author(s):  
Denis A. Dobryakov ◽  
Ilda Kasa ◽  
Yuliia V. Sukhostavskaya
Keyword(s):  
Dispute Resolution ◽  
Digital Technology ◽  
Alternative Dispute Resolution ◽  
Digital Technologies ◽  
The Political ◽  
Legal Proceedings ◽  
Permissible Limits ◽  
Legal Method ◽  
Settlement Of Disputes ◽  
Political Vocabulary

By now (we mean 2020) digitalization has completely replaced the more general modernization and innovation from both the political vocabulary and the sci-entific agenda. It is difficult to say how long this trend will continue and what kind of socio-technological phenomenon will replace it. It can be cyberization, within which a person will begin to bring himself into line with the canons of the sci-fi cyberpunks and combine biological with technological (and digital at the same time) in his body, or vice versa, some kind of reactionary naturalization. Anyway, now the widespread adoption of digital technology is an indisputable and obvious fact. And this process applies to all spheres of societys life, without bypassing legal proceedings and out-of-court settlement of disputes (or in other words - alternative dispute resolution), which can be significantly improved using digital technologies. This article analyses the practice and legislative regulation of the use of digital technologies in various forms of legal proceedings and such types of out-of-court dispute resolution as arbitration and mediation. Comparative legal method allowed to compare Russian and foreign legislations as well as approaches to determining the permissible limits of the use of digital technologies, including their intellectual variety. Individual proposals have been formulated to improve Russian legislation.

scholarly journals International Legal and Economic Aspects of Dispute Resolution within the WTO in the Context of International Integration

2021 ◽  
Vol 14 (2) ◽  
pp. 64-71
Author(s):  
V. P. Kirilenko ◽  
Yu. V. Mishalchenko ◽  
A. N. Shchepova
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
The European Union ◽  
Advantages And Disadvantages ◽  
Legal Remedies ◽  
The World ◽  
System Functioning ◽  
Dispute Settlement System ◽  
Dispute Resolution Mechanism ◽  
Settlement Of Disputes

The article discusses issues related to the settlement of disputes within the framework of the World Trade Organization, as well as assesses the advantages and disadvantages of this system. The specific problems of the dispute settlement system functioning today are considered, and options for optimizing the dispute resolution mechanism and various ways to improve the effectiveness of legal remedies in cases of non-compliance with decisions are proposed. Special attention is paid to the latest topical disputes involving the Russian Federation, the European Union, Ukraine, China and USA resolved within the framework of the World Tr ade Organization, as well as to the crisis faced by the organization due to the absence of a permanent appeals body.

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.

13. Justice in the Modern Administrative State

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Administrative State ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the role of a range of accountability methods to scrutinize the executive’s use of power. This includes the work of the Parliamentary Commissioner for Administration, who is now also known as the Parliamentary Ombudsman, the role of tribunals in contrast to courts, of public inquiries and of alternative dispute resolution mechanisms too. It also examines the limitations of each of these methods, and how they may complement each other to provide different forms of scrutiny.

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.

COMPARISION OF ALTERNATIVE CONSTRUCTION DISPUTE RESOLUTION MEASURES

2020 ◽  
Vol 7 (2) ◽  
Author(s):  
Ulrike Quapp ◽  
Klaus Holschemacher
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Alternative Dispute Resolution ◽  
Construction Projects ◽  
Legal Aspects ◽  
Construction Process ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Industry Practice

Construction projects often are particularly susceptible to conflicts due to their long-term character and complexity. In Germany, courts must deal with around 100,000 construction dispute litigations per year. Alternative Dispute Resolution (ADR) can be an alternative to expensive as well as time-consuming litigation and can help to relieve the judicial system. Furthermore, ADR may contribute to the satisfying settlement of a dispute between parties involved in the construction process and thus help to reach construction projects’ completion on time and within budget. Often, ADR mechanisms such as adjudication, mediation, and conciliation will be used. The paper analyzes the development of ADR in Germany in conjunction with European legal aspects. With special reference to the construction industry practice in Germany, various ADR measures and their advantages and disadvantages, as well as the current situation, will be explained. The authors conclude that, although ADR in Germany has experienced an upswing since the 1990s, it is used only to a small extent for settling disputes in construction projects. An increased knowledge about the advantages and disadvantages of different ADR measures in the construction industry would lead to more frequent uses of ADR. That, and a clever and detailed contract design, which helps to avoid conflicts basing on unclear contract contents, could save money and relieve the courts from time-consuming legal proceedings.

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