Addressing racial and ethnic tensions in the USA through ADR strategies

Traditional international legal scholarship often distinguishes between diplomatic and legal methods of dispute resolution. However, this article posits that this division is often artificial, as international disputes are inherently shaped by intertwined legal and political dimensions, influencing strategic choices of states in dispute resolution. Framed by the concept of politique juridique extérieur, the study explores how states navigate various factors to align their dispute resolution strategies with their broader foreign policy objectives. Focusing on the Americas, this research examines the utilization of alternative dispute resolution (ADR) mechanisms within the context of the American Treaty on Pacific Settlement (Pact of Bogotá). The article addresses two primary research questions: (i) whether political factors influence the decision to resort to ADR, and (ii) the role of legal instruments establishing ADR in the Americas, specifically whether their existence determines or influences the choice of a given ADR mechanism. The article is structured in two main parts. Part I analyzes the interplay of law and politics in the selection of dispute resolution mechanisms, examining the conventional distinctions between diplomatic and adjudicatory means, the embeddedness of legal disputes in political contexts, and the complex factors guiding choices of the states. Part II focuses on the selection of ADR mechanisms in the Americas, specifically analyzing the dispute resolution provisions of the Pact of Bogotá and the observed infrequent direct use of its ADR procedures. The main argument presented is that the choice of dispute resolution strategy in the Americas, including ADR, is significantly context-dependent and driven by political considerations and foreign legal policy objectives, rather than solely by the availability of legal instruments. While the Americas boast a history of including ADR in treaties, the practical application, particularly of the Pact of Bogotá, reveals a preference for political mechanisms within the Organization of American States (OAS) and, notably, the use of the Pact to establish jurisdiction before the International Court of Justice (ICJ), over direct reliance on its ADR provisions. In conclusion, the article finds that political factors do indeed influence the decision to utilize ADR. While legal instruments establishing ADR exist in the Americas, their mere presence does not guarantee their active use. Instead, the more readily accessible and politically established frameworks of the OAS often provide the primary avenues for peaceful dispute settlement, with the Pact of Bogotá being more frequently employed for accessing the ICJ. Furthermore, the research acknowledges that the often-primary role of political mechanisms over treaty-based ADR methods may stem from the inflexible structure of the Pact’s provisions, which can limit the scope for states to employ ADR means. Keywords: International Dispute Settlement. Alternative Dispute Resolution (ADR). Americas. Pact of Bogotá.

This article outlines the gender dynamics that determine men and women’s involvement in Alternative Dispute Resolution (ADR) Mechanisms in Kapsokwony, Bungoma County. It highlights that while ADR mechanisms are normally considered participatory and inclusive in Kenya, the reality however is that they remain male dominated. The study was based on a mixed research method whose methodology involved research survey, interview, and Focus Group Discussions. Findings from studies carried out across the global confirm that men continue to have upper hand over women with regards to participation in conflict resolution using ADR (Alternative Dispute Resolution) mechanisms for number of reasons. The situation was found not different in the context of Kapsokwony, a sub-county of Bungoma County in Kenya. This study discussed the multidimensional factors that continue to contribute to men upper hand over women in resolving conflict through ADR mechanisms. Keywords: Gender equality, Participation, Exclusion, Alternative Dispute Resolution, conflict Resolution DOI: 10.7176/RHSS/10-21-05 Publication date: November 30 th 2020

Purpose: This article outlines the levels of participation of men and women in resolving community conflicts using Alternative Dispute Resolution (ADR) mechanisms in Kapsokwony, Kenya. It highlights that ADR are currently considered participatory and inclusive processes to resolve community conflicts as they offer men and women a major stake in conflict resolution in society due to their roles and positions in society. Methodology: Findings across the globe confirm that when men and women equally participate in resolution of community conflicts there is increased likelihood of reaching an agreement and of the longevity of the agreement. This implies that for effective ADR, the participation of both men and women would be crucial. The study was based on a mixed research method whose methodology involved research survey, interview and Focus Group Discussions. In consideration of the fact that gender equality is strongly advocated for in conflict resolution, the study sought to establish the situation in Kapsokwony. The study therefore sought to assess the levels of men’s and women’s participation in ADR mechanisms in Kapsokwony.Results: The study established that power was a factor that influenced the level of participation. Consequently, the level was simply established to be that of neutral/passive to a very high participation level of women participation in ADR mechanism. However, those that were participating at high levels in ADR were few and their power was invested in the office they held. Furthermore, the study established that in the Nyumba Kumi structure, women level of participation in conflict resolution was increasing from neutral/neutral to a higher level of participation where they fully participated in leading and influencing decisions on resolution of conflicts. This can be explained because the nature of the Nyumba Kumi structure allows for everyone to be actively involved in ensuring safety and welfare of the ten households’ members. Urban Thinkers Campus (2015) confirms that women are involved in ensuring safety in urban and rural settlements mainly through the Nyumba Kumi Initiative in which they are part of the leadership committee. Unique contribution to theory, policy, and practice: Alternative Dispute Resolution mechanisms help in creating an environment that fosters development, peace, and social justice amongst other positive values amidst community conflicts. The United Nations (2007) Declaration on the Rights of Indigenous People advocates for equal participation of men and women in the management of community conflicts. Participation of both men and women in ADR processes to resolve community conflicts in Kapsokwony Sub-county region is a field that studies have not adequately explored. This study hopes to contribute to existing literature on men’s and women’s participation in ADR for land disputes. The outcome of this study may be utilized to influence increased participation of women in ADR, within Kapsokwony Sub-county region. Additionally, the study’s findings will add to the growing body of literature pertaining to the participation of both men and women in peace building within the Kenyan context. Lastly, the findings of this study form the foundation upon which future research can be done

Alternative Dispute Resolution (ADR) are the methods of dispute resolution other than courtroom litigation. Reconciliation, mediation, arbitration, and traditional dispute settlement are all recognized ADR mechanisms under Kenya's constitution which is supreme. ADR mechanisms thus come into play in order to resolve disputes outside of court, such as arbitration or mediation. Trade Unions are associations of employees with the sole responsibility of negotiating for better conditions of work as well as social positions of employees through collective bargaining. Their approach can also be both constructive and destructive to organizational performance. (Kariuki, 2018). In Kenya, Alternative dispute resolution (ADR) mechanisms were formally recognized after the promulgation of the constitution in 2010 under Article 159(2)(C). The article prescribed that courts should be guided by the need to promote ADR. This was necessitated by delays in the resolution of employee complaints leading to poor organizational performance and failure by institutions to fully implement Collective Bargaining Agreements. There has also been a steady rise in labor disputes in Kenya, for instance, the rampant disputes and strikes witnessed from Universities Academic Staff, Kenya Medical practitioners and other unions. The study objective was to determine the influence of perceived benefits in the adoption of ADR mechanism by Trade Unions in Kenya. The study was done at Kenya National Union of Teacher Union in Kenya. Theoretically, the study was anchored on Reason Action Theory (TRA) and Social Influence Theory (SIT). The study found out that perceived benefits significantly influence adoption of ADR mechanisms in Trade Unions in Kenya. The study concluded that a policy document needs to be put in place to enlightened and guide the Trade Unions Officials on the adoption of ADR mechanisms in resolving industrial disputes. Since it was observed some respondents had less or no knowledge on the adoption of ADR by Trade Unions in Kenya. The study recommends Trade Unions should adopt the use of ADR mechanisms in resolving industrial disputes, ensure organizations are given more knowledge on the benefits of adopting ADR mechanisms, create policies on direction of ADR mechanisms, as well as investing in the right knowledge on adoption of ADR mechanisms to boost on adopting ADR mechanisms by Trade unions in Kenya. The study also gives suggestions for further research.

This chapter offers an in-depth look at Romania’s legal framework and practical application of consumer alternative dispute resolution (ADR) mechanisms. It traces the evolution of ADR mechanisms in the country, from their inception to the current legal framework established by Government Ordinance (GO) 38/2015. The chapter examines the roles of various ADR entities, including the ADR Directorate within the National Authority for Consumer Protection (NACP), the Alternative Banking Dispute Resolution Centre (ABDRC), and ADR-Fin within the Authority for Financial Supervision. It also investigates the advantages and disadvantages of ADR mechanisms, emphasising their potential for quicker and more cost-effective dispute resolution compared to traditional court proceedings. Furthermore, the chapter explores the challenges and opportunities associated with ADR in Romania, addressing issues such as awareness, complexity, and the reluctance of traders to participate. It concludes by stressing the necessity for enhancements in the legislative framework and the importance of establishing a stable, impartial, and transparent framework for resolving consumer disputes to bolster consumer trust and participation in ADR procedures.

In recent years, alternative dispute resolution (ADR)(1) has received a great deal of attention at the federal level. The Administrative Conference of the United States (ACUS), whose mission is to promote improvements in the efficiency, fairness, and adequacy of federal agency operating procedures, held conferences, conducted research, and published recommendations promoting the use of ADR by federal agencies throughout the 1980s. This interest in ADR stems from the observation that dispute resolution techniques can eliminate delays, reduce demands on government, and produce more cost-effective and more satisfying results than traditional administrative procedures or litigation (Susskind, Babbitt, and Segal, 1993; Dukes, 1993). A diverse set of agencies and departments--some in response to ACUS' urging and some on their own initiative--have used ADR approaches such as negotiation, mediation, fact finding, and minitrials to resolve a wide variety of controversial public issues.(2) Congress responded to this growing interest in ADR by passing the Negotiated Rulemaking Act (public Law 101-648) and the Administrative Dispute Resolution Act (Public Law 101-552) in 1990. The Negotiated Rulemaking Act establishes a structure for using consensus-based negotiations to develop federal regulations. The Administrative Dispute Resolution Act (known as the federal ADR act) is more comprehensive in scope. It directs each agency to: designate an in-house dispute resolution specialist; provide ADR training for agency personnel; review all programs for ADR opportunities; adopt dispute resolution policies; and examine grant and contract language to identify means of promoting ADR over litigation (Madigan, 1992; Susskind, Babbitt, and Segal, 1993). The successful implementation of the Administrative Dispute Resolution Act faces a number of challenges. The act provides no budgetary support for ADR, and existing budgeting procedures often encourage the use of litigation (Susskind, Babbitt, and Segal, 1993). Although ACUS has provided guidance, agency officials will have to learn a number of new skills including identifying disputes that are potential candidates for ADR, selecting the appropriate ADR process for specific situations, and choosing third-party neutrals who can work with the disputants. Although ACUS recommendations and the Administrative Dispute Resolution Act address the important issues of confidentiality, representativeness, and accountability, federal officials will have to grapple with the reality of these challenging aspects of ADR (Amy, 1990; Hamilton, 1991; Susskind, 1981). Successfully implementing the Administrative Dispute Resolution Act also will involve confronting deeper issues associated with the traditional practice and context of public administration and the culture of professionalism. Stephenson and Pops (1991) have questioned whether administrators have the capacity--in terms of education, training, and role--to participate effectively in ADR. In recent years, numerous federal agencies have provided ADR training in specialized workshops or as part of more broadly focused leadership development programs. However, more challenging than providing training and technical assistance will be overcoming the barriers of professionalism: the resistance generated by traditional norms and role expectations. Professionally trained government officials may find it difficult to reconcile' ADR--often perceived as political bargaining--with their existing norms and procedures for technical or scientific decision making. Negotiating with members of the public may be viewed as being unprofessional (Freemuth, 1989; Manring, 1993; Stephenson and Pops, 1991). Public officials also may fear that ADR will mean a loss of decision-making authority (Bingham, 1986; Meeks, 1985; Susskind and Cruikshank, 1987). In this article, I examine one such issue that inevitably accompanies the use of ADR but receives little direct attention: the relationship between ADR and administrative responsiveness. …

An Emerging Trend - ADR Mechanism in IPR Conflicts

Disputes may be a fact of life, but they are no less troubling when they occur. They often need resolution, and swift, meaningful resolution at that. While litigation is the most popular means of settling disputes, this paper appraises the application of Alternative Dispute Resolution (ADR) mechanisms to marital conflicts in Nigeria. In Nigeria, litigation which is the most common means of settling disputes is often inadequate for the settlement of marital conflicts for the simple reason that it is rarely personal, empathic or collaborative for that matter. This paper therefore appraises the nature and extent of the application of ADR mechanisms to marital conflicts and also tests the proposition that a ‘cause and effect’ relationship exists between ADR and healthy marriages. The paper adopts doctrinal and empirical approaches by leveraging on qualitative analysis of responses to structured questions administered to participants within the Ilorin metropolis, Kwara State, Nigeria. The paper finds that there is an overwhelming use of ADR mechanisms for the settlement of marital conflicts, albeit with most leaning towards non-institutional ADR mechanisms, and that a ‘cause and effect’ relationship does exist between ADR and healthy marriages. This paper recommends that more importance be given to ADR in the place of settlement of marital conflicts and that better awareness be made in respect to institutional ADR mechanisms in Nigeria. The work also recommends that serious consideration be given to the establishment of family courts that would operate using collaborative approaches unique to ADR mechanisms.

Ensuring ‘Access to Justice’ in order to establish the rule of law has been identified as a priority area in the Sustainable Development Goals-16. Similarly, the concept of Alternative Dispute Resolution (‘ADR’) mechanismsis being widely promoted in Bangladesh as a tool to reduce cost and delay in litigation and decrease case backlog. This article aims to define the concept of ‘Access to Justice’ and examines the correlation between ‘Access to Justice’ and ‘ADR’ in the Civil Court System. As Bangladesh has amended its core procedural legislation to accommodate the ADR mechanism into the civil jurisdiction, this article discusses the historical development of ADR in the Bangladeshi legal system, highlighting the existing legal framework. The article reviews the procedure of court-annexed ADR within the civil courts. As these two ideas are intertwined, the article explores the role of court-annexed ADR in ensuring access to justice. The article also attempts to identify the challenges of successfully implementing an ADR mechanism to guarantee access to justice. In assessing the situation in Bangladesh, it also examines the link between access to justice and ADR in the United Kingdom, which is an established and mature common law jurisdiction, and its impact on the legal system. In conclusion, this article offers insights to make the ADR mechanism more efficient to support the vision of access to justice in light of the United Kingdom example, arguing that instead of reacting to the challenges and limitations faced by the ADR mechanism, the legal institutions and method of implementation shall be strengthened for greater success.

Humans cannot avoid from facing various trials, problems misunderstandings and disputes while carrying on with daily lives. In resolving a dispute, the disputants need to be provided the best redress avenues for the dispute resolution. This may include the option of having various choices of Alternative Dispute Resolution (ADR) mechanisms. Each ADR mechanisms must be closely matched to the disputes brought and the governing parameters need to be established due to the presence of a variety of mechanisms. The paper aims to analyse the question of compatibility between the setting and the matching of ADR mechanism, and the disputes involved. The literature highlights the opinions and views of researchers who have raised the topic and issues in the study and in relation to questions of this article. Hence, the analysis used was based on the content analysis especially previous academic studies conducted based on four (4) questions as follows: Q1 - Who is responsible for resolving disputes? Q2 - What is the main source of the establishing of levels and standard solutions? Q3 - How are the disputing parties represented? Q4 - What is the nature of the situation and to what extent can the discovery of facts and standard discovery is taken in this scenario? The paper will discuss the related issues by focusing on some forms of ADR. The findings of the study show that the answers to these questions are available in various forms, and the obvious possibilities are the differences of opinion that exist as result of the existence of different mechanisms. Ultimately, the final decision garnered must lead to actual ADR values that are required.

Due to its quicker and more effective alternative to the traditional court system, Alternative Dispute Resolution (ADR) has grown in significance within India's legal system. The current ADR legislation in India were passed more than 20 years ago, and since then, they have undergone some changes. However, in order to address the current issues the ADR system is facing, further extensive reforms are required. This essay examines the current ADR rules in India, examines the difficulties the system faces, and contrasts them with the UK's ADR legislation. The report makes suggestions for ADR legislative amendments in India based on the UK model. The report emphasises the necessity for strengthening the Indian ADR system to increase its effectiveness because it is still in its infancy. The ADR system has difficulties such as inadequate training of ADR practitioners, low public awareness of the ADR system, and the requirement for an efficient enforcement mechanism. The article makes the case that India's ADR regulations could be improved by using the UK model as a model. The ADR system in the UK is more extensive, with many ADR mechanisms that are well-regulated and have explicit standards on the education and training requirements for ADR practitioners. The study concludes by advising India to implement extensive reforms to strengthen its ADR laws. The suggested reforms include broadening the use of ADR procedures, creating a governing organisation for ADR practitioners, establishing minimal requirements for the education and experience of ADR practitioners, and creating a strong enforcement system. India can enhance the efficiency and efficacy of its ADR system by adopting the UK model of ADR laws. This will assist to decrease the backlog of cases in the courts, provide timely justice to litigants, and lessen the strain on the judiciary.

Situating Alternative Dispute Resolution (ADR) in the Political Sphere: Thoughts on Mechanisms for Pre-Election Political Dispute Resolution in Nigeria

The impacts of the Coronavirus disease otherwise known as the Covid-19 pandemic on the human race cannot be overemphasised. The outbreak of the Covid-19 pandemic has not only led to a paradigm shift from the old order to a new norm but also increased the deployment of Information and Communication Technology (ICT) to almost all spheres of human endeavour, including the administration of justice and Alternative Dispute Resolution (ADR) mechanisms. Most of the measures adopted by stakeholders to fight the scourge otherwise referred to as Covid-19, protocols such as social distancing, restriction of movements, restriction of physical gatherings, travel bans and total lockdown among others, stall dispute resolution proceedings thereby affecting access to justice. Hence, Online Dispute Resolution (ODR) was adopted and applied in many jurisdictions to complement, strengthen and serve as an alternative to the conventional litigation and ADR mechanisms during the Covid-19 pandemic. Although ODR existed before the outbreak of the Covid-19 pandemic as a dispute resolution mechanism, it was not as pronounced and widely utilised as it has been during and after the Covid-19 pandemic in Nigeria. This article adopts the doctrinal methodology and the qualitative approach to examine the significance and benefits of ADR and ODR mechanisms in the resolution of disputes, the effects of the Covid-19 pandemic on the world order and the administration of justice and dispute resolution mechanisms in Nigeria as well as the legal and technological responses to it. The article finds that prior to the outbreak of the Covid-19 pandemic, the existing legal framework for dispute resolution in Nigeria did not make any clear and express provisions for the use of ODR, and argues that the outbreak of the Covid-19 pandemic and advancement in ICT necessitated the application of ODR to complement and serve as an alternative to ADR mechanisms and litigation. The article concludes by suggesting legal and policy reforms for the effective application and operation of ODR in Nigeria.

A critical review of a journal article is an evaluation of an article's strengths, weaknesses and validity. It is used to inform readers of an article's value through explanation, interpretation and analysis. Ethiopia has for centuries been using traditional methods of dispute resolution. The institutions of Gadaa among the Oromo, the Shimagelle by the Amhara, and the other ethnic groups reviewer re used. But Alternative Dispute Resolution has not attained any significant position of usage and acceptance in its modern form. Recent incorporation of Alternative Dispute Resolution mechanisms in the legal polity has been greeted with a lukewarm attitude by the government, judiciary and the civil society (Shipi M, 2001). This article critically analyses alternative dispute resolution alternative dispute resolution in Ethiopia. it includes coverage of: various alternative dispute resolution techniques and the roles played by alternative dispute resolution practitioners in workplace conflict; the need for workplace grievance policies and the forms these can take; the suitability of alternative dispute resolution for various types of disputes; three case studies where alternative dispute resolution was utilized in workplace conflict and the experiences of both the human resource consultant and their clients (Barrister E, 2014). In this regard, the aim of the article is to examine all the possible and applicable alternative dispute resolution mechanism and literature synthesis in general. Keywords: alternative Dispute resolution, organizational, work place conflict, concept DOI : 10.7176/RJFA/10-1-01

El objetivo del presente estudio consistió en realizar un análisis bibliométrico de la producción académica en el campo de los mecanismos alternativos de solución de conflictos (MASC) en la base de datos Scopus. Lo anterior con el propósito de identificar en esta temática los indicadores por año, autor, afiliación, país o territorio, tipo de documento y área del conocimiento. Se aplicó la metodología de análisis bibliométrico descrita por Escorcia (2008) y Arias (28 de noviembre de 2014), que consiste en realizar técnicas estadísticas que tienen como propósito evaluar el proceso de investigación y su evolución. El estudio fue de carácter cuantitativo longitudinal con descripción de tendencias de la producción científica. Como parte de los principales resultados, se identificó que el 2015 fue el año que contó con el mayor número de registros sobre el tema, con un total de 80 documentos publicados en la base de datos, considerando que Scopus cuenta con registros desde el año de 1985. Mientras que el autor que más publicaciones tuvo sobre el término MASC fue el investigador Cheung So, de la Universidad de Hong Kong, con un total de 19 documentos. De igual forma, se localizó que el país con más publicaciones en dicha base de datos fue Estados Unidos con 369 documentos entre los años de 1985 y 2018. Si bien en Scopus se tiene registro desde 1985, el periodo de análisis correspondió al decenio del 2009 al 2018. A pesar de que se observó un incremento en las publicaciones sobre los MASC, cabe destacar que se identificó un decremento significativo en la publicación de documentos alusivos al tema a partir del año 2015.