FACTOID # 19: Cheap sloppy joes: Looking for reduced-price lunches for schoolchildren? Head for Oklahoma!
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
   
 
WHAT'S NEW
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Alternative dispute resolution

Alternative dispute resolution (ADR) includes dispute resolution processes and techniques that fall outside of the government judicial process. Despite historic resistance to ADR by both parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried. 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.[citation needed] It has been suggested that Adjudication be merged into this article or section. ... This article is about law in society. ... This article or section does not cite its references or sources. ...


ADR is generally classified into at least three subtypes: negotiation, mediation, and arbitration. (Sometimes a fourth type, conciliation, is included as well, but for present purposes it can be regarded as a form of mediation. See conciliation for further details.) The salient features of each type are as follows: “Negotiation” redirects here. ... For statistical mediation, see Mediation (Statistics). ... Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the arbitrators or arbitral tribunal), by whose decision (the award) they agree to be bound. ... Conciliation is an alternative dispute resolution process whereby the parties to a dispute (including future interest disputes) agree to utilize the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences. ...

  • In negotiation, participation is voluntary and there is no third party who facilitates the resolution process or imposes a resolution.
  • In mediation, there is a third party, a mediator, who facilitates the resolution process (and may even suggest a resolution, typically known as a "mediator's proposal"), but does not impose a resolution on the parties. In some countries (for example, the United Kingdom), ADR is synonymous with what is generally referred to as mediation in other countries.
  • In arbitration, participation is typically voluntary, and there is a third party who, as a private judge, imposes a resolution. Arbitrations often occur because parties to contracts agree that any future dispute concerning the agreement will be resolved by arbitration. This is known as a 'Scott Avery Clause'. In recent years, the enforceability of arbitration clauses, particularly in the context of consumer agreements (e.g., credit card agreements), has drawn scrutiny from courts. Although parties may appeal arbitration outcomes to courts, such appeals face an exacting standard of review.

"Alternative" dispute resolution is usually considered to be alternative to litigation. It also can be used as a colloquialism for allowing a dispute to drop or as an alternative to violence. “Negotiation” redirects here. ... For statistical mediation, see Mediation (Statistics). ... In a two-party system a third party is a party other than the two dominant ones. ... Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the arbitrators or arbitral tribunal), by whose decision (the award) they agree to be bound. ... Credit cards A credit card is a system of payment named after the small plastic card issued to users of the system. ... Standard of review is the view an appellate court gives to an issue on appeal. ... A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ... Look up Colloquialism in Wiktionary, the free dictionary. ... This article does not cite any references or sources. ...


ADR can increasingly be conducted online or by using technology. This branch of dispute resolution is known as online dispute resolution (ODR). It should be noted, however, that ODR services can be provided by government entities, and as such may form part of the litigation process. Moreover, they can be provided on a global scale, where no effective domestic remedies are available to disputing parties, as in the case of the UDRP and domain name disputes. In this respect, ODR might not satisfy the "alternative" element of ADR. Online Dispute Resolution (ODR) is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. ... UDRP - Uniform Domain Name Resolution Policy A document used by the Internet Corporation for Assigned Names and Numbers (ICANN) for the purpose of creating guidelines for use when disputes arise regarding the registration of internet names (domain names). ... The term domain name has multiple related meanings: A name that identifies a computer or computers on the internet. ...

Contents

ADR in Pakistan

In Pakistan, ADR is in vogue since long.[citation needed] The relevant laws (or particular provisions) dealing with the ADR are summarised as under:


1. S.89-A of the Civil Procedure Code, 1908 (as amended in 2002) read with Order X Rule 1-A (deals with alternative dispute resolution methods). 2. The Small Claims and Minor Offences Courts Ordinanace, 2002. 3. Sections 102-106 of the Local Government Ordinance, 2001. 4. Sections 10 and 12 of the Family Courts Act, 1964. 5. Chapter XXII of the Code of Criminal Procedure, 1898 (summary trial provisions). 6. The Arbitration Act, 1940. 7. Articles 153-154 of the Constitution of Pakistan, 1973 (Council of Common Interest) 8. Article 156 of the Constitution of Pakistan, 1973 (National Economic Council) 9. Article 160 of the Constitution of Pakistan, 1973 (National Finance Commission) 10.Article 184 of the Constitution of Pakistan, 1973 (Original Jurisdiction when federal or provincial governments are at dispute with one another)


ADR in India

Alternative dispute resolution in India is not new and it was in existence even under the previous Arbitration Act, 1940. The Arbitration and Conciliation Act, 1996 has been enacted to accommodate the harmonisation mandates of UNCITRAL Model. To streamline the Indian legal system the traditional civil law known as Code of Civil Procedure, (CPC) 1908 has also been amended and section 89 has been introduced. Section 89 (1) of CPC provides an option for the settlement of disputes outside the court. It provides that where it appears to the court that there exist elements, which may be acceptable to the parties, the court may formulate the terms of a possible settlement and refer the same for arbitration, conciliation, mediation or judicial settlement.


Additional resources

The City University of New York Dispute Resolution Consortium (CUNY DRC) serves as an intellectual home to dispute-resolution faculty, staff and students at the City University of New York and to the diverse dispute-resolution community in New York City. At the United States' largest urban university system, the CUNY DRC has become a focal point for furthering academic and applied conflict resolution work in one of the world's most diverse cities. The CUNY DRC conducts research and innovative program development, has co-organized countless conferences, sponsored training programs, resolved a wide range of intractable conflicts, published research working papers and a newsletter. It also maintains an extensive database of those interested in dispute resolution in New York City, a website with resources for dispute resolvers in New York City and since 9/11, the CUNY DRC assumed a leadership role for dispute-resolvers in New York City by establishing an extensive electronic mailing list, sponsoring monthly breakfast meetings, conducting research on responses to catastrophes, and managing a public awareness initiative to further the work of dispute resolvers. The date that commonly refers to the attacks on United States citizens on September 11, 2001 (see the September 11, 2001 Attacks). ...

  • The International Institute for Conflict Prevention and Resolution - The International Institute for Conflict Prevention and Resolution, known as the CPR Institute, is a New York City membership-based nonprofit organization that promotes excellence and innovation in public and private dispute resolution, serving as a primary multinational resource for avoidance, management, and resolution of business-related disputes. The CPR Institute was founded in 1979 as the Center for Public Resources by a coalition of leading corporate general counsel dedicated to identifying and applying appropriate alternative solutions to business disputes, thereby mitigating the extraordinary costs of lengthy court trials. CPR’s mission is “to spearhead innovation and promote excellence in public and private dispute resolution, and to serve as a primary multinational resource for avoidance, management and resolution of business-related and other disputes.” CPR is a nonprofit educational corporation existing under the New York state laws, and is tax exempt pursuant to Section 501(c)(3) of the U.S. Internal Revenue Code. It is governed by a board of directors, and its priorities and policies are guided in large part by consultation with an executive advisory committee. Its funding derives in principle part from the annual contributions of its member organizations, and from its mission-related programming. The various operations and activities that fulfill the Institute’s mission are captured in the acronym of its name:

C: CPR convenes legal and business leadership to develop, and encourage the exchange of, best practices in avoiding, managing and resolving disputes.

P: CPR publishes its own work and that of other like-minded organizations, making resources available to a global community of problem-solvers.

R: CPR helps to resolve complex disputes among sophisticated parties, by devising rules, protocols and best practices, and by providing disputants with resources and consulting expertise in selecting appropriate methods and neutrals to assist in the dispute resolution process.

See also

Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the arbitrators or arbitral tribunal), by whose decision (the award) they agree to be bound. ... Collaborative law (also called collaborative practice and collaborative family law) originally started off as a divorce procedure in which two parties in a dispute agreed that they would not go to court, or threaten to do so. ... Conflict resolution is any reduction in the severity of a conflict. ... It has been suggested that Adjudication be merged into this article or section. ... An ombudsman (English plural: ombudsmans or ombudsmen) is an official, usually (but not always) appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens. ... Online Dispute Resolution (ODR) is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. ... For statistical mediation, see Mediation (Statistics). ...

References

  • The culture of ADR in India

External links

  • Peacemakers Trust, Definitions in the Field of Dispute Resolution and Conflict Transformation
  • Arbitrator.com: provides information and links to ADR seminars, classes, conventions, publications, etc.
  • Dispute Resolution Organization (DRO) by Stefan Molyneux
  • https://www.TheMediationRoom.com : information and access on mediation, especially online mediation, roleplays.
  • http://www.adrchambers.com Alternative Dispute Resolution Services. [Canada, UK]
  • http://www.adndrc.org Asian Domain Name Dispute Resolution Centre
  • http://alternative-dispute-resolution-litilaw.lexbe.com/ Lawyer presentations on arbitration, mediation and ADR
  • http://www.propertydisputeresolution.com Dispute Resolution Wiki, Program Schedule
  • International Center for Conflict Prevention & Resolution.
  • http://www.jamsadr.com JAMS
  • ADR&ODR in India
  • http://www.nysdra.org New York State Dispute Resolution Association

  Results from FactBites:
 
Alternative dispute resolution - Wikipedia, the free encyclopedia (604 words)
Alternative dispute resolution or ADR iooos a name for several dispute resolution processes and techniques which, while believed by some to be outside the traditional mainstream of state jurisprudence, fffffhave gained acceptance among both the general public and the legal profession.
The Vodun priests of Haiti are well known for their dispute resolution role which occasionally resulted in the losing party being forced to become a zombie.
ADR is generally classified into at least three subtypes: negotiation, mediation, and arbitration.
Alternative dispute resolution - definition of Alternative dispute resolution in Encyclopedia (579 words)
Alternative dispute resolution or ADR is a name for several dispute resolution processes and techniques which, while believed by some to be outside the traditional mainstream of state jurisprudence, have gained acceptance among both the general public and the legal profession.
In this terminology the processes were initially termed "alternative" by twentieth century legal typologists because they were seen as extra-legal supplements to state-sponsored dispute resolution.
In mediation, participation is voluntary (in that even though a court may mandate the process itself, the parties are not required to reach a resolution), and there is a third party -- a mediator -- who facilitates the resolution process but does not impose a resolution on the parties.
  More results at FactBites »

 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m