ADR Method Research Articles

The hotel franchise contract in the HoReCa domain and applicable ADR methods from a comparative perspective

The hotel franchise contract in the HoReCa field is of particular importance from the point of view of the development of this network, of increasing the profitability of the business of both contracting parties, respectively of the franchisor and the franchisee. The interpretation of the clauses resulting from this contract, specific to this domain of activity, implicitly generates a series of disputes. This article provides an overview of the clauses specific to this type of contract as well as the alternative dispute resolution methods (ADR) used in the case of disputes resulting from the international hotel franchise contract and, in particular, of mediation and arbitration. The article also presents considerations regarding legal solutions adapted to online platforms, in particular regarding the ADR method of online mediation (ODR).

An Improved WENO-Z Scheme for Hyperbolic Conservation Laws with New Global Smoothness Indicator

The fifth-order WENO-Z scheme proposed by Borges et al., using a linear combination of low-order smoothness indicators, is designed to provide a low numerical dissipation to solve hyperbolic conservation laws, while the power q in the framework of WENO-Z plays a key role in its performance. In this paper, a novel global smoothness indicator with fifth-order accuracy, which is based on several lower-order smoothness indicators on two-point sub-stencils, is presented, and a new lower-dissipation WENO-Z scheme (WENO-NZ) is developed. The spectral properties of the WENO-NZ scheme are studied through the ADR method and show that this new scheme can exhibit better spectral results than WENO-Z no matter what the power value is. Accuracy tests confirm that the accuracy of WENO-Z with q = 1 would degrade to the fourth order at first-order critical points, while WENO-NZ can recover the optimal fifth-order convergence. Furthermore, numerical experiments with one- and two-dimensional benchmark problems demonstrate that the proposed WENO-NZ scheme can efficiently decrease the numerical dissipation and has a higher resolution compared to the WENO-Z scheme.

Evolution of Alternative Dispute Resolution in India: Stepping to Effective Justice System

Alternative Dispute Mechanism is considered the most important and significant aspect in modern period of dispute settlement. It is an old phenomenon and method to resolve the disputes through amicable settlement. It will help to resolve the dispute without interfering by rigid court procedure and formalities. ADR mechanism prove very useful, vital and more effective in commercial and civil disputes. The complicity of commercial and civil disputes can easily manage through the ADR without interfering by technicalities and complex procedure of law. The nonintervention by advocates and court will make it more effective tool for dispute settlement. It may consider as alternative method of justice delivery system in India. In this research paper the researcher will try to analysis the ADR system is alternative method of dispute settlement and path for the alternative mechanism of existing complex judicial system. The research will be competed with an objective to explore the study between the conventional method vis-a-vis ADR method of dispute settlement and will conclude by providing some effective solutions that ADR is considered as a primary option in settlement of disputes

THE NATURE AND ROLE OF ACADEMIC OMBUDSMAN AT THE POLISH HIGHER EDUCATION INSTITUTIONS

The article reports the results of a study conducted in the form of structured interviews. The goal of the study was to find out about the nature of this institution, the objectives of academic ombudsmen, the cases they deal with, their role in the academic community, in particular their role in resolving disputes at universities, and the type of methods they apply in their work. The institution of an academic ombudsman is considered to use an ADR method which is more appropriate in resolving problems and conflicts that appear at the universities, in comparison with formal procedures. The academic ombudsman takes into account important elements of the mission of universities which include respect for the other party, diversity, tolerance, and application of more inclusive and democratic methods in university governance. The introduction of ombudsman institutions at the universities is Poland is dictated not only by the necessity for more effective management and dispute resolution, but also shows a change in the attitude of the university administration towards the academic community. The need for research into the function of academic ombudsman arises from the relatively dynamic growth in the last three years in the number of academic ombudsmen as well as other institutions with similar names and goals. The emergence and significant increase in number of these institutions in the last few years at the universities in Poland raises the question of their nature and role at the universities.

Towards preventing “decriminalization” of domestic violence at DOVVSU, Ghana

AbstractDomestic violence in Ghana is a criminal offense under the Domestic Violence Act, 2007 (Act 732). Domestic Violence and Victims Support Unit (DOVVSU) of the Ghana Police Service is the recommended first point of call for handling complaints. Act 732 prescribes prosecution of cases, but also provides avenue for reconciliation through ADR method under strict criteria or conditions which state, among others, that use of ADR is only for cases where violence is not aggravated or serious in nature or cases which do not attract imprisonment of more than 2 years. Since its establishment DOVVSU has seen increasing patronage of its ADR services but little information exists on case selection for the process to avoid “decriminalization” of domestic violence. This study focuses on the ADR choice decision making at DOVVSU, Kumasi to determine level of compliance with these conditions. Thematic analysis of questionnaires and in‐depth interviews of service users and providers in this qualitative study, established that DOVVSU did not follow the case selection criteria outlined in Act 732, which potentially has the effect of “decriminalization” of domestic violence in Ghana.

Action design research: integration of method support

PurposeAction design research (ADR) has become widely accepted as a prominent research method within information systems when managing design-oriented research projects. One purpose of the ADR method is to provide methodological guidance for the building of IT artefacts. However, several scholars have reported a lack of guidance of method support at the micro level. This article aims to complement the macro level of the ADR method by integrating prescriptive method support at the micro level.Design/methodology/approachA qualitative approach including direct content analysis. An empirical ADR project was analysed in order to identify method support that could be integrated into the ADR method.FindingsMethod support at the micro level was identified for all the stages of the ADR method. The method support consists of procedural support, guiding concepts, and various techniques for the documentation of project tasks stated in the ADR method.Research limitations/implicationsThe contribution to theory consists of aspects concerning the integration of macro and micro levels: relationships between normative and prescriptive support, continuous focus shifts, and method completeness.Practical implicationsThe contribution to practice consists of explicit suggestions for method support that could be integrated into the ADR method.Originality/valueThis study extends previously provided knowledge by offering empirical evidence concerning theoretical constructions consisting of explicit relationships between ADR tasks and integrated method support, and elaboration on the integration of macro and micro levels.

Multi-Tiered Dispute Resolution Clauses after UML on Mediation 2018 and the Singapore Convention

Multi-tiered dispute resolution provides distinct stages, involving separate consecutive ADR procedures for dealing with and seeking to resolve disputes amicably first without a binding result (initial tiers), followed by a binding dispute resolution process, arbitration or litigation, as the last stage for a final and binding decision if the chosen ADR method does not work. Before complying with the ADR procedure in the dispute resolution clause of a contract, when one of the parties directly brings a claim before the arbitral tribunal, it is most likely that the other party will raise an objection regarding the effect of the non-fulfilment of ADR process. How will the tribunal decide regarding the issue? On the one side wording of such MTDR clauses is important on the other side it may be observed that mediation clauses are favourably enforced in comparison with negotiation clauses. Furthermore, the matter whether breach of the contract clause regarding initial ADR clauses is a substantive or procedural issue. Having decided these issues, a further question comes up: what would be the effect of non-fulfilment of such ADR clauses on an arbitration procedure. Of this question, there are several opinions and case reports opposing each other. With the praiseworthy effort of UNCITRAL UML on Mediation and the Singapore Convention together with the ADR rules of certain international dispute resolution institutions may encourage business people to make an effort to solve the disputes by enforcing the ADR procedures in their dispute resolution clauses.

Trends in Mitigating the Effects of COVID-19 on International Arbitration

The COVID-19 Pandemic caused a disruption in virtually every system and the international arbitration sphere was not exempted. For an ADR method frequently used to settle transnational disputes, the onset of the pandemic which brought lockdowns and travel bans with it had serious effects on the operation of international arbitration. However, the good news is that international arbitration has been able to weather the storm and mitigate the effects of the pandemic on its operation. This paper briefly but exhaustively examines steps taken across the world to mitigate the effects of COVID-19 on international arbitration.

Odbor za razmatranje/rešavanje sporova - još jedna alternativa državnim sudovima

Dispute board is a relatively new, internationally recognised ADR method, a regular feature of international construction and infrastructure contracts. It is composed of three independent and impartial persons selected by the contracting parties. It's basic function is not only to resolve disputes among the parties, but also, if at all possible, to prevent them from happening. So, the board members help the parties avoid or overcome any disagreements or disputes that arise during the implementation of the contract. They also serve to ensure that, where differences between parties escalate into disputes, issues are resolved equitably and as expeditiously and cost-effectively as possible, so that relationships are enhanced (rather than harmed) for the future. The DBprocess is designed to be fast, cheap and well suited for construction disputes. The parties care fully pick their own panel based on integrity, knowledge of the work, and experience in dispute settlement. Dispute boards are certainly not new but experience over the last twenty years has proven them to be highly successful, relatively inexpensive and the only proactive form of ADR which promotes the avoidance of disputes.

A review of the legislative reform of customary arbitration in Ghana

Due to the phenomenon of legal pluralism that colonial rule left in its wake, customary arbitration is still a method of dispute resolution in Ghana despite the formal judicial system. But until 2010, customary arbitration practice was regulated only by case law. To put it on a firmer legal foundation and streamline its practice and procedures, the Alternative Dispute Resolution Act 2010 codified customary arbitration as an ADR method. In this article, we examine the legislative reform of customary arbitration in Ghana and assess the extent to which the ADR Act has improved it.

Adaptive Accelerometry Derived Respiration: Comparison with Respiratory Inductance Plethysmography during Sleep.

Polysomnography (PSG) is a multi-parametric test used in the study of sleep and as a diagnostic tool in sleep medicine. PSG is the gold standard that manually quantifies the apnea-hypopnea index (AHI) to assess the severity of sleep apnea syndrome (SAS). This work presents a novel method based on a dual tri-axis accelerometer system (Adaptive Accelerometry Derived Respiration, ADR) which was patched on the subject's chest that adaptively reconstructed thoracic and abdominal respiratory efforts. Performance evaluation was performed on a 60s-epoch basis using signal and physiological indicators: the evaluation consisted in the comparison of airflow estimations from ADR and RIP to the nasal airflow, considered as reference. Results showed that 74% of the 60s-epoch ADR airflow estimation present a correlation coefficient with nasal airflow ≥ 70% compared to 64% for RIP. Relative errors for one-minute respiration rate and tidal volume estimation appeared to be relatively low which reflected the good feasibility of the adaptive ADR method for respiration monitoring during sleep.

An attribute difference revision method in case-based reasoning and its application

To improve the learning performance of the revision stage in case-based reasoning (CBR), an attribute difference revision method (ADR) is proposed in this paper. First, the suggested solution of the target case is obtained through the case retrieval and case reuse; then, the revision value of the suggested solution and output results of the CBR model are obtained by using the support vector regression (SVR) model, which is based on the difference between the target case and similar cases; finally, the target case and its correct solutions are stored. Experiments and applications shows that the ADR method is effective and the fitting error of the ADR-based CBR (ADRCBR) model is significantly lower than other typical regression methods, indicating that ADR can improve the learning performance of the CBR model and has the advantage of application.

'Med Arb': A Novel ADR Approach

Dissatisfaction with court-centred resolution of disputes has long been articulated by critics who regard it as, amongst other things, unfair, unduly formal, and exclusive. There are five traditional methods of disputes resolution in the ADR arena, these are: negotiation, mediation, arbitration, conciliation and judicial settlement. In India, so far as ADR processes are concerned Section 89 of the Code of Civil Procedure, 1908 holds the field. Section 89 of the Code of Civil Procedure, 1908, speaks of the following methods of resolution of disputes: arbitration, conciliation, judicial settlement (including settlement through Lok-Adalat) and mediation. Observations made by the Law Commission of India in its 246th Report, testifies the fact that the Arbitration and Conciliation Act, 1996 has achieved much less than what was expected of it. Lately, substantial amendments were brought to the 1996 Act by virtue of the Arbitration and Conciliation (Amendment) Act, 2015. The 2015 Act attempts to make the arbitration mechanism more transparent and time-effective; however the 2015 Act neither touches upon Part III (i.e. Conciliation) of the 1996 Act, nor does it suggests incorporation of specific provisions pertaining to mediation.Med-Arb is a hybrid of mediation and arbitration and can be used where mediated negotiations do not lead to a settlement. In those circumstances the parties can agree for the mediator to become an arbitrator and issue a final and binding award on the outstanding matter(s). Thus, a critical pre-requisite to a Med-Arb is an advance agreement under which the parties agree to arbitrate any of the issues which cannot be mediated successfully. Sam Kagel was the first to coin this alternate dispute resolution mechanism; it was he who first hybridized the two-methods (mediation and arbitration) into one (Med-Arb) for settling a controversial San Francisco nurses’ strike in the 1970s. Following are the different versions of the Med-Arb Model: Med-Arb (Pure); Med-Arb-Opt-Out; Overlapping Med-Arb; Plenary Med-Arb; Braided Med-Arb; and Optional Withdrawal Med-Arb.Med-Arb, as a novel ADR approach has much to offer, with benefits superseding the cost factor involved. It’s high time we take inspiration from the New South Wales Model, and incorporate this ADR method in our statutory framework in India.

Why Use Collaborative Law?

In recent years, Collaborative Law has gained remarkable traction in family law disputes. However, its disqualification agreement banning the original lawyers from representing their clients in front of a court remains one of the central concerns of parties before and during the process. Therefore, Collaborative Law practitioners have to know very accurately why their clients should make use of Collaborative Law instead of any other ADR method. The article analyzes the theoretic roots of the well-known container effect and thereby traces the methodical framework that leads to the value-adding effects of the disqualification agreement.