Alternative Dispute Resolution Mechanisms Research Articles

SUPPLY CHAIN DISPUTE RESOLUTION THROUGH ALTERNATIVE DISPUTE RESOLUTION (ADR) MECHANISM (VIZ, ARBITRATION, MEDIATION, CONCILIATION, AND NEGOTIATION) IN INDIA.

Generally, encountering conflicts/disputes in Supply Chain (value chain/network) Management (SCM) are unavoidable/inevitable owing to the contractual complexities and empirical eventualities (including incidental contingencies) and their efficient resolution through Alternative Dispute Resolution (ADR) mechanism (viz, Arbitration, Mediation, Conciliation, and Negotiation) in India is ubiquitous across all the Industries/Sectors. The alternative dispute resolution (ADR) methods and mechanism (viz, Arbitration, Mediation, Conciliation, and Negotiation) are always preferred to conventional Court-Litigation in business world owing to the impregnated propitious proposition with the ADR techniques. However, arbitration and mediation are the most preferred ADR techniques for supply chain dispute resolution not only in India but also in the World. In India, the Arbitration and Conciliation Act, 1996 (including amendments in 2015, 2019, and 2021) has been enacted to entrust necessary governing framework for dispute resolution through Arbitration and Conciliation mechanism or techniques of ADR across the business landscape including Supply Chain.
 This study primarily endeavours to elucidate the fundamental framework of ADR methods and mechanism efficacy vis-à-vis the empirical framework of Supply Chain (value chain/network) dispute resolution in India.

REFORMS TO BE MADE IN ADR LAWS- A COMPARITIVE STUDY WITH UK LAWS

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.

Współczujący stan umysłu. W jaki sposób prawnicy zajmujący się sprawami związanymi ze szkodą na osobie w stanie Michigan ewaluują cele niepieniężne klientów?

The article is a result of a qualitative empirical study designed to reveal whether personal injury lawyers in the State of Michigan implement compassionate counseling practices. The study contributes to a well-established body of research pertinent to the development of soft skills in legal practice, whilst also attempting to proliferate and highlight the benefits of out-of-court settlements. The research was designed to study the nature of compassionate counseling practices and its effect on mediated settlements. Consequently, the research analyzed how lawyers evaluate intangible and non-monetary interests of clients and whether those play a role on the dispute resolution continuum. The paper also elaborates on what lawyers do and do not do well in assessing intangible interests of clients. The study posits that if lawyers attend to those intangible interests, it is a form of compassionate practice. Therefore, the study has both theoretical and practical implications for lawyers and mediators. Last, the study suggests that alternative dispute resolution mechanisms, such as mediation, attribute to a speedier resolution of personal injury disputes.

Alternative Dispute Resolution and the Application of the Multitiered Dispute Resolution Clause in the International Construction Sector

Construction projects are notoriously complex, and so are the disputes arising out of them. To resolve this complication, a multitiered dispute resolution clause setting out alternative dispute resolution (ADR) mechanisms, such as through a dispute resolution board or mediation prior to arbitration, has an important role to play. Therefore, this paper seeks to contribute to the existing scholarship by focusing on ADR in the world and its specificities in Vietnam regarding these issues as follows. First, this paper presents the variety of ADR forms in the construction sector in the world and in Vietnam. Second, it explores issues arising from the application of the multitiered dispute resolution clause, such as the impact of noncompliance with the prearbitration procedure on arbitral proceedings and arbitral award; determining the statute of limitations period if the parties to dispute followed the prearbitration mechanism prior to arbitration; and finally, considering jurisdiction of the arbitral tribunal as to the enforcement of the solution given from prearbitration step.

Implementation of Mediation As Online Dispute Resolution (ODR) in Civil Jurisdiction

This writing aims to examine and analyze business/civil dispute resolution through online dispute resolution (ODR), institutionalization of mediation in civil cases in court, implementation of mediation as online dispute resolution (ODR) in civil courts, obstacles and legal implications for parties - the litigants. Mediation as an alternative dispute resolution mechanism outside the court has long been used in various business and civil cases, the environment, labor, land, housing, consumer disputes, and so on which is a manifestation of society's demand for fast, effective and efficient dispute resolution. The issuance of Perma Number 1 of 2016 concerning Mediation Procedures in Courts and Perma Number 3 of 2022 concerning Electronic Mediation in Courts further strengthens efforts to reconcile as stipulated in Article 130 HIR/154 Rbg. Even so, dispute resolution through mediation in court is actually a vulnerable mechanism, meaning that the possibility of failure is also very large. Anticipating this requires prerequisites that must be met, such as trust, willingness or willingness to waive some of the rights of each party to the dispute, and the availability of a professional mediator.

Alternative Dispute Resolution Mechanisms and Transformative Constitutionalism in Latin America: How a People-Driven and Effective Universal Access to Justice Fosters Rule of Law and Generates Social Inclusion

Alternative Dispute Resolution Mechanisms and Transformative Constitutionalism in Latin America: How a People-Driven and Effective Universal Access to Justice Fosters Rule of Law and Generates Social Inclusion

Traditional Justice Systems in the Nigerian Administration of Justice: Lessons from Kenya

The Nigerian administration of justice is facing many challenges such as congestion of cases in the courts, delays in the prompt resolution of cases, corruption in the formal justice system, a punitive and retributive approach to crime with little or no room for restitution and reparation of victims of crimes, as well as the adversarial, hostile, and technical nature of litigation. Although the federal government and some states have made efforts in respect of criminal matters by the enactment of the Administration of Criminal Justice Act (ACJA) and Administration of Criminal Justice Laws (ACJL) traditional justice systems can effectively ameliorate these challenges in the resolution of both civil and criminal matters. However, the potential benefits of the effective application and operation of traditional justice systems in Nigeria are hindered by their restriction to civil disputes, the lack of a clear and specific legal and policy framework, scant regard for procedural justice, inadequate or lacking of enforcement mechanisms and a retributive and punitive approach of the criminal justice system. This article analyses the nature of the Nigerian traditional justice systems and their relationship with alternative dispute resolution (ADR) mechanisms to see how ADR could complement the Nigerian administration of justice. The article further examines the challenges of the Nigerian administration of justice and the practice of traditional justice systems in Kenya to draw lessons for Nigeria. The article argues that the reconciliatory and restorative focus of tranditional justice systems could help resolve some of the challenges facing the Nigerian administration of justice. The article suggests legal, policy, and institutional reforms and their integration for effective application in Nigeria.

Resolving Intergovernmental Disputes in Kenya through Alternative Dispute Resolution (ADR) Mechanisms

Resolving Intergovernmental Disputes in Kenya through Alternative Dispute Resolution (ADR) Mechanisms

Using Alternative Dispute Resolution (ADR) Mechanisms as a Tool for Decentralization of Justice

Using Alternative Dispute Resolution (ADR) Mechanisms as a Tool for Decentralization of Justice

Modern Alternative Dispute Resolution Mechanisms In Tanzania: A New Wine in an Old Bottle

Modern Alternative Dispute Resolution Mechanisms In Tanzania: A New Wine in an Old Bottle

Developers' Resilience in Land Acquisition Issues: The Case of Igando-Oloja Community, Ibeju-Lekki, Lagos State

Today, many real estate developers in Nigeria are confronted with confusing procedures for guaranteeing that acquisition of excised lands is free from encumbrances and pending disputes among landowning families' (locally referred to as 'omo onile'). Without diligent and exhaustive investigation, purchasing excised land for real estate development may be fraught with complications and uncertainties encompassing the excision process, compensation and issues of original ownership of such land. This study focuses on Igando-Oloja community of Ibeju-Lekki, Lagos State. The core question guiding the study is: How were real estate developers in the community able to address the uncertainty associated with land transactions for development? A case-study scenario was utilised, which involved interviews with Igando-Oloja community leaders and developers who have purchased land in the subject area. Three categories of developers' complicated land acquisition issues were unravelled. One is a category of developers that bought the same land that had been sold to a third party by a group of disgruntled landowning families, causing litigation and delaying development. In the second category, two developers bought excised land from members of a landowning family but not all stakeholders were represented in the payment/compensation process, thus land purchase discussions had to start anew. Finally, some developers were victims of governmental excision of already purchased lands. However, prompt out-ofcourt settlement resulted from the alternative dispute resolution mechanism deployed by the landowning families and the developers. This article thus offers insight into developers' adoption of an out-of-court resolution resilience strategy that expedites the process while protecting those involved and maximising the time value of money for developers and other parties in land transaction disputes.

An Appraisal of the Application of Alternative Dispute Resolution Mechanisms to Marital Disputes in Nigeria

An Appraisal of the Application of Alternative Dispute Resolution Mechanisms to Marital Disputes in Nigeria

Challenges of the Application of Alternative Dispute Resolution Mechanisms In Tanzania

Challenges of the Application of Alternative Dispute Resolution Mechanisms In Tanzania

Repatriation of Indigenous Peoples’ Cultural Property: Could Alternative Dispute Resolution Be a Solution? Lessons Learned from the G’psgolox Totem Pole and the Maaso Kova Case

Considering that the vast majority of the objects constituting Indigenous Peoples’ cultural heritage are now located outside their source communities, the restitution of cultural property has become a pressing issue among Indigenous Peoples worldwide and should be understood as part of Indigenous Peoples’ historical (as well as current) encounter with colonization and its consequences. As such, this article investigates whether international cultural heritage law offers any possibilities for successful repatriation and to what extent the shortcomings of the framework in place could be complemented by alternative dispute resolution (ADR) mechanisms and the new mandate of the Expert Mechanism on the Rights of Indigenous Peoples (Expert Mechanism). First, crucial concepts in the repatriation debates are explained. Next the factual background of the case studies of the G’psgolox Totem Pole and Maaso Kova are presented. This is followed by a discussion of the most pertinent mechanisms of international cultural heritage law and the place of Indigenous Peoples’ rights within such a framework. Subsequently, the concept of ADR is introduced, and the details of the negotiation processes between the Haisla First Nation (Canada) and the Yaqui People (Mexico, the United States) – both with the Museum of Ethnography in Stockholm (Sweden) – are presented. Finally, the article evaluates to what extent ADR could be an appropriate mechanism for the settlement of disputes concerningIndigenous Peoples’ cultural property, andwhether the Expert Mechanism is a well-suited body for facilitating the process of repatriating Indigenous Peoples’ cultural heritage.

The Role of Dispute Resolution Council in Dispute Resolution: A Case Study of Khyber Pakhtunkhwa

Jirga is an ancient institution of conflict settlement in Pakhtun civilization. Its effectiveness declined throughout the course of time, which led to the widespread skepticism among the general populace over their ability to depend on it. This study explores all of the elements that contributed to the unacknowledged and questionable status of the Jirga institution, which in turn created space for the development of alternative dispute resolution (ADR) mechanisms. Data gathered from primary and secondary sources in order to conduct an analysis of the alternative dispute resolution system that is currently functional in Khyber Pakhtunkhwa. Because of the character and environment of the people who live in this area, it was impossible for them to maintain a traditionalist viewpoint towards the aspects of culture and traditional institutions that make up the Jirga political system. A modified version of the traditional Jirga was introduced in KP in 2012 under the name "Dispute Resolution Councils" (DCRs). This was done in an effort to close the gap that existed in the original framework. Since then, DRC has been operational in a number of districts of KP, and residents' perceptions of its effectiveness in settling local conflicts at the doorstep of the parties involved have been generally favorable.

Effectiveness of Public Complaints Commission As Alternative Dispute Resolution Mechanism In Nigeria

The institution of ombudsman has become a global phenomenon, permanent and inevitable in the political system. Some administrative agencies in Nigeria are becoming aware of the important role the institution is playing and have therefore developed interest in the institution by according it some degree of cooperation. The study investigate the effectiveness of Public Complaints Commission as Alternative Dispute Resolution mechanism in Nigeria. Both quantitative and qualitative research design were adopted which relied on the administration of questionnaire to elicit information. The findings shows that the commission has recorded great achievements since inception such as decongestion of courts, checks against jungle justice, defender of common man’s rights among others. Despite these laudable impacts, the study revealed that the relevance of the commission is being challenged by a number of threats such as structural deficiency, poor funding and shortage of qualitative manpower to mention a few. The study concluded by recommending employment of qualified manpower, financial autonomy and political neutrality of the commission. The commission will only be effective in its constitutional roles when the act that established it is amended to remove all unnecessary restrictions from the power of the commission.

Sexual offense victims' responses to the question #WhyIDidntReport? Examining restorative justice as an alternative dispute resolution mechanism

AbstractThe aim of the present study was to examine barriers to reporting sexual offenses as reflected in texts by victims who participated in the #WhyIDidntReport protest that revolved around the reasons for not reporting sexual offenses. Content analysis was used to analyze 95 public posts of Israeli victims published on social media. The findings revealed two main barrier dimensions—personal and social—each comprising several main themes. The most common barrier in the personal dimension was difficulty naming or labeling the experience as a sexual offense to begin with. The most prominent barriers in the social dimension were the power gap between offender and victim, and concern with others' reactions. We discuss the theoretical and practical implications of our findings from the perspectives of alternative dispute resolution, with focus on restorative justice as an optional platform for victims.

Impact of Public Complaints Commission as Viable Alternative Dispute Resolution Mechanism in Administration of Justice in Nigeria

The concept of ombudsman has become an international phenomenon. This study examined the impact of mechanism of dispute resolution with particular reference to Public Complaints Commission (PCC) which is the Nigeria version of ombudsman. The study explores quantitative analysis to address the task. It revealed that PCC has made positive impact in nation building such as checks and balances, timely and free cost of settlement, and watchdog of happenings in the society to mention a few. Despite the laudable achievements of the commission, the study noted inadequate funding, lack of adequate infrastructures, poor publicity, shortage of qualitative manpower and inadequate training, and poor salary scale for the staff as the obstacles militating against the effective delivery of the commission. The study concluded by recommending adequate funding of the commission, conducive office environment, intensive public enlightenment programme, qualified and well trained staff, and improvement of staff remuneration.

EFFECTIVE IMPLEMENTATION OF ADR IN THE CIVIL JUSTICE SYSTEM OF BANGLADESH: A CRITICAL ANALYSIS

Alternative Dispute Resolution (ADR) has long played a significant role in the legal system of Bangladesh, particularly in the Civil Justice System. Before 2012, there was no mandatory provision regarding the settlement of disputes through mediation in the Code of Civil Procedure, 1908 (CPC). Mediation was an optional process to conduct civil proceedings under the Code of Civil Procedure (Amendment) Act, 2003. Since 2012, mediation has been mandatory in all civil suits and appeals. The main objectives behind this were to reduce the backlog of civil suits, relieve the pressure on the subordinate courts and ensure access to justice for everyone in an amicable manner. However, the outcomes of this amendment have yet to meet the ADR goals. Currently, it is quite apparent that the subordinate courts of Bangladesh are overloaded with millions of pending civil suits and criminal cases. At the same time, ADR has not yet been well developed in the criminal justice system of Bangladesh. Alternative Dispute Resolution is thus the finest option available in our country for achieving justice for everybody. There are several shortcomings in the ADR mechanism of Bangladesh, such as CPC does not provide any specific guidelines for the mediators, though mediation has been made compulsory in it. This paper examines some notable legal constraints on the way to ensure the effective implementation of ADR and offers some observations on ensuring access to justice for all population groups in Bangladesh.

THE ASYMMETRY OF DISPUTANTS IN CONSTRUCTION MEDIATION

Mediation has been encouraged as a primary alternative dispute resolution mechanism to deal with construction disputes in Hong Kong. Considering its cost and time advantages, mediation is expected to be welcomed by the parties in dispute. However, in the past decade, the rate of mediation adoption has not been particularly outstanding. While it is believed that voluntary participation is pivotal to successful mediation, the unequal footing of the disputing parties may negate voluntary attempts. Past mediation research mostly studied the determinants of mediation, the choice of mediation tactics, outcomes of mediation which is quite descriptive than theoretical. This study examines the forms of asymmetry and their existence or otherwise in construction dispute mediation. Manifestations of asymmetries were operationalized from literature. Data for the study were collected from Hong Kong's construction experienced professionals. The majority of the one hundred ninety-three valid responses are from respondents having over 20 years of work experience in the industry. Three forms of asymmetry were suggested by processing the data through a principal component factor analysis (PCFA). The empirical findings affirm the proposed forms of asymmetry derived from theory. Mediators should assist the disputants to: i) prepare well for the mediation and not to use financial resources to protract the mediation process; ii) investigate the actual happenings leading to the dispute as detailed as possible; and iii) develop genuine attitude for achieving a quick settlement.