Alternative Dispute Resolution Practices Research Articles

Strengthening ADR System in Indonesia: Learning from ADR Practices in Hungary

Integrating Alternative Dispute Resolution (ADR) into legal systems is essential for improving access to justice, decreasing litigation expenses, and promoting enforced outcomes. This article examines the ADR practices in Hungary, a country that has successfully integrated ADR into its legal system, to gain significant insights for Indonesia, as both countries share the same sociocultural practices for communal dispute resolution. This normative legal research examines Hungary's extensive legal framework, the roles of institutional support structures, and the enforcement of ADR awards. The study employs comparative analysis that systematically evaluates pertinent legal documents, institutional reports, and scholarly literature from Hungary and Indonesia. The study found fundamental factors that contribute to the effectiveness of alternative dispute resolution (ADR) in Hungary including the existence of a clearly established legislative framework, sufficient institutional infrastructure, and effective regulation to enforce ADR decisions. Indonesia can adopt these techniques to improve its Alternative Dispute Resolution (ADR) system, resulting in more streamlined, cost-efficient, and fair processes for resolving disputes and to establish a more unified and efficient ADR system.

Effective Use of the ADR Process in the Construction Industry

The construction sector in India has undergone significant development and it is one of the key contributors to the progress of a nation and the highest drivers of economic growth worldwide. The recent development and trends which we notice in construction have marked the beginning of a new phase. The traditional methods are being transformed and developed to make them more efficient and effective. In India, infrastructure is one of the top sectors, which is attracting the highest foreign direct investment (FDI). Even at the global level, the construction output is growing very fast, the statistical data can be viewed in my research paper. It is thus clear that construction is proving to be one of the most dynamic sectors not only on a global scale but also in India. With a sector subject to extreme trifles and complexities, it is only rational to infer that disputes arising out of construction activities would also call for distinct expertise and proper understanding of the issues surrounding construction activities. The growing demands of the construction industry have given rise to more disputes, delays and consequently more claims, which need to be addressed in an effective and expeditious manner. The perceived limitation of the formal adjudication process has led to thoughts about alternative means for the resolution of disputes in a timely, inexpensive, and humane manner. This alternative includes arbitration, mediation, conciliation and other hybrid indigenous mechanisms of dispute resolution. Even the legislative initiatives have attempted to harmonize the Indian legal framework on alternative dispute resolution (ADR) with international best practices to bring certainty and uniformity in law and practice of ADR in India to attract business and foreign investment to the country. There is a growing understanding that ADR can play a significant role in the success of the ‘Make in India’ and improving India’s position in the ease of doing business there. The present paper focuses on how best the ADR can be adopted to resolve the issue in the construction industry. The author is going to discuss mainly three issues, namely the different types of construction activities; construction contracts and issues arising out of contracts and finally, the focus lies on how the ADR method will be an effective mode in comparison with litigation, with regards to effectiveness and timely resolution of construction disputes. Claim, Dispute, Disagreement, Contract, Arbitration, Conciliation, Litigation, Mediation, ADR

Mediation as an Alternative Dispute Resolution to resolve interpersonal conflicts in Hong Kong universities

PurposeThis paper aims to provide insight into mediation as an Alternative Dispute Resolution (ADR) to resolve interpersonal conflicts for undergraduate students in Hong Kong.Design/methodology/approachMixed methods research approach was utilised to examine university students' understanding of dispute resolution at their respective universities in Hong Kong, and factors that may influence their decision to utilize ADR on campus.FindingsThe tendency for university students in Hong Kong to voice criticisms was low due to: (1) unawareness of proper grievance channels; and (2) fear of potential academic retribution from the institution. This may be the result of inadequate promotion and transparency in the existing higher education dispute resolution framework. Academic staff acknowledged the limitation of the existing closed-door dispute resolution system and the need for an alternative conflict management system which emphasises on restoration of harmony in the university community.Originality/valueAs there is a lack of study focusing on ADR practices in Hong Kong universities, this paper provides insight into the feasibility of integrating ADR into the existing dispute resolution processes in resolving interpersonal conflicts at universities in Hong Kong.

Attributes of ADR in the Sri Lankan Construction Industry

Alternative dispute resolution (ADR) methods were introduced to the construction industry to avoid the negative effects of litigation in relation to the cost, time, and business relationships of a construction project. This study focused on identifying the current ADR practices in the Sri Lankan construction industry and examined the specific attributes of each method to create a more effective process. A qualitative research strategy was carriedout with interviews with industry professionals working in the Sri Lankan Construction Industry. Content analysis using NVivo software was used to analyse the data. The key findings revealed that the neutral third party has good knowledge of construction. Despite the differences in each ADR method, disputing parties do not have the confidence in the neutral third party or trust in the process. This study also revealed that the unavailability of these key attributes will finally affect the cost and reputation of the ADR methods. Therefore, the research suggests that to improve the ADR process and its success there should be awareness studies on ADR methods and training for ADR practitioners within the Sri Lankan Construction Industry. KEYWORDS:Construction industry, ADR, Attributes

Mediation as an alernative way to resolve economic dispute

Recently, Ukraine has increasingly used the practice of alternative dispute resolution without the use of traditional court procedures, as the established tradition of appealing to government agencies about each conflict has led to an overload of the judiciarysystem. There is an alternative way that can improve access to justice and reduce the burden on the courts –using a method of conflict resolution such as mediation. In the countries of the Anglo-Saxon legal system - the United States, Australia, Europe mediation has been the most common alternative way of resolving disputes for a long time. In the Ukrainian scientific and legal sphere the institute of mediation is not so developed and frequently used, and currently is only at the stage of formation and development. Scientists and legislators have been working for many years to create appropriate conditions for the introduction of mediation in Ukraine: educational work on the content and benefits of mediation, development, expert analysis of draft laws on mediation, providing detailed recommendations, adopting and implementing new regulation acts, special programs are being implemented through the creation of coordination groups, institutes and mediation centers. Therefore, there is a wide range of topical issues regarding the mediation mechanism, which are subject to detailed research and require practical studying.
 This article is devoted to the study of the general principles of the introduction of mediation as an alternative way of resolving economic disputes in the conditionsof updating legislation. The article identifies the main stages of the institution of mediation in Ukraine, the concept and features of mediation as one of the alternative ways to resolve commercial disputes, analyzes national and international regulations in the field of mediation.

Penyelesaian Sengketa Non-litigasi dalam Sejarah Peradaban Islam

Dispute settlements have two form, litigation and non-litigation. Some options as an alternative dispute resolution non-litigation include mediation, negotiation and arbitration. alternative dispute resolution has long been practiced in Islam to solve the problems. This qualitative-descriptive study uses a sociohistorical approach that examines and analyzes the practice of alternative dispute resolution in general, and mediation, negotiation, arbitration in particular. This study aims to discuss the theory of nonlitigation dispute resolution and its application in various areas of life in the classical Islamic era. The key issue explored in this research is how to implement non-litigation dispute resolution practices in Islamic history and the event that they are used. The conclusions of this study are; first, the practice of alternative dispute resolution has been done in the classical Islamic era on the event of retaking the Hajar Aswad by using the method of mediation. Second, the practice of negotiation on the event of the beginning of the Hudaibiyah treaty and the third, the practice of arbitration (tahkīm) on events involving Muawiyah and Ali bin Abi Talib in the battle of Shiffin.

African Customary Dispute Resolution vs Alternative Dispute Resolution for Juvenile Crime in Ghana

Juvenile delinquency is a challenge for most African states, and Ghana is no exception. Recidivism, stigmatisation and victim dissatisfaction indicate that Ghana’s formal criminal justice system, with all its merits, has posed severe challenges to the administration of juvenile justice. This article examines the practice of Alternative Dispute Resolution (ADR), which utilises restorative conflict resolution processes in place of prosecution and sentencing in juvenile justice systems of various jurisdictions. Through processes such as victim-offender mediation, ADR invites full participation and consensus between victims, offenders and persons indirectly affected by the crime committed and seeks full and direct accountability. Some inadequacies of ADR principles and practices render it less relevant to the African context. The resultant lacuna can be filled with indigenous dispute resolution practices to combat crime and its repercussions, constituting the African Dispute Resolution (AfDR). The reliance on Ubuntu in South Africa's Child Justice Act and traditional justice system mechanisms in the Democratic Republic of Congo, Rwanda and Uganda to deal with the aftermath of genocides and wars are contemporary examples of AfDR. Ghana would need to rely on AfDR to complement its formal criminal justice system to alleviate juvenile delinquency.

Electronic Alternative Dispute Resolution, smart contracts and equity in the energy sector

Abstract The intrinsic complex nature of Contracts in the Energy sector leads to frequent international disputes. The complexity is generated by (i) the involvement of multiple stakeholders with potentially conflicting interests (Multinational Companies, State-Owned Companies, Host States and their citizens); (ii) transnational jurisdictions divergence (local laws, investor’s country laws, international practices and regulations); and (iii) changes in the laws and regulations over time (long-term nature of Energy contracts). Therefore, not surprisingly, traditional litigation in the Energy sector is often replaced with Alternative Dispute Resolution (ADR) through the recurrent application of Arbitration clauses. This article aims to improve dispute management in the Energy sector by encouraging best ADR practices. Modelling and Conceptual research approaches are adopted to encourage the introduction of the smart contract. The analyses triggered the drafting of a model for contractual automation. Recurring top clauses are mapped and associated with Equity solutions. Moreover, a comprehensive, efficient and feasible ‘Electronic ADR’ framework is shaped to prevent (or automatically settle) disputes in the Energy sector.

Comparative Study Of Alternative Settlements In Indonesia And Timor Leste

Alternative Dispute Resolution (ADR) is a procedure in community practice which then gets recognition in the eyes of the law to settle a case between two or more parties by way out of court in a formal manner (litigation). ADR is considered to have more advantages, including easy, cheap, and fast, so it is more efficient and effective than solving cases in court. This paper aims to examine the existence of ADR in legal practice in Indonesia with a comparative review of the state of Timor Leste. The results of this paper reveal that compared to Timor Leste which is still new, Indonesia has first implemented ADR practices within a formal legal framework. Timor Leste actually also uses the ADR scheme in its daily community practice, but its implementation takes into account the elements of custom and society rather than the legal norms.

Согласительные процедуры или медиация: работа с жалобами на действия полиции в австралийском штате Квинсленд

Objective: to analyze the dispute resolution practices for dealing with citizen-initiated complaints against police in Queensland, Australia.Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the choice of the following research methods: formal-logical, comparative-legal, and sociological. Results: since the 1990s, alternative dispute resolution practices for dealing with citizen-initiated complaints against police, such as conciliation, have progressively been trialed and implemented in police services across Australia. The Queensland Police Service was one of the most proactive services in trialing independently facilitated complaints mediation programs - in collaboration with its oversight agency. However, despite repeated positive outcomes, the Service refrained from actively using mediation, preferring instead to use management dominated informal resolution (conciliation). This process, characterized by police investigating police, continues to limit complainant participation by denying them the opportunity to meet face- to-face with the subject officer. Yet the literature cites mediation, especially practices based on restorative principles as beneficial because it brings disputing parties together in dialogue that is educative for both parties, reparatory, and better satisfies complainants’ aspirations for an inclusive and neutral complaints system, while data from mediated complaints can also be used to inform police conduct improvement strategies. Complaints mediation is available upon request within the Queensland Police Service, however, it is not widely promoted, and is internally facilitated.Scientific novelty: this article presents an historical account of the application of mediation and conciliation to the Queensland Police Service complaints system. The authors answer the question why conciliation has become the default approach and mediation continues to be largely ignored. This is done through a qualitative analysis of publicly available documents and semi-structured interviews with key stakeholders. The findings reveal that the 1992 Mediation Pilot was very successful. However, the Queensland Police Service adopted conciliation because it was cheaper and, they claim, better aligned with managing behavioral improvements. Three decades on, there has been little evidence of this, while the literature clearly shows that mediation should be a key component of any police complaints and discipline system. The findings reveal that the 1992 Mediation Pilot was very successful. However, the Queensland Police Service adopted conciliation because it was cheaper and, they claim, better aligned with managing behavioral improvements. Three decades on, there has been little evidence of this, while the literature clearly shows that mediation should be a key component of any police complaints and discipline system.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering issues related to the citizens’ claims on the actions of law enforcers.

Engineering Informal Institutions: Long-Run Impacts of Alternative Dispute Resolution on Violence and Property Rights in Liberia

Informal institutions govern property rights and disputes when formal systems are weak. Effective informal institutions should help people reach and maintain bargains, minimizing violence. Can outside organizations engineer persistent institutional change? Will this strengthen property rights and investment? We experimentally evaluate a United Nations and civil society mass education campaign to promote alternative dispute resolution practices and norms in rural Liberia, where violent land disputes are common. Prior work showed a drop in violence and unresolved disputes within one year. We return after three years to test for sustained impacts and mechanisms. Treated communities report large, persistent drops in violent disputes and a slight shift toward nonviolent norms. Treated residents also report larger farms, although overall effects on property rights and investment are mixed. Politically connected residents report more secure property rights, while those with fewer connections feel less secure. Sustained institutional engineering is feasible, but politics shapes distributional outcomes.

Alternative Dispute Resolution Practices in International Road Construction Contracts

AbstractDisputes are unpleasant, resource consuming, and expensive, but they are inevitable in construction contracts. Dispute resolution practices in Nepal are different from the ones in developed...

Muslim Alternative Dispute Resolution: Tracing the Pathways of Islamic Legal Practice between South Asia and Contemporary Britain

In recent decades, a wide array of alternative dispute resolution (ADR) forums have taken shape within British Muslim communities. Exploring the development of Muslim ADR practices in contemporary Britain, this paper argues that these quasi-legal mechanisms are not entirely novel formations created afresh in the modern British socio-legal context; but rather, they have antecedents in long-standing cultural and religious norms that can be traced back to colonial-era South Asia. In the Indian subcontinent under British rule, the paper suggests, religious and community leaders often sanctioned the practice of community-led dispute resolution, grounded in Islamic principles of mediation and arbitration, to settle disputes without recourse to government courts. Ultimately, the routines of Muslim non-state adjudication formulated in South Asia were transposed through the dynamics of migration to the UK, where they continue to be visible in faith-based dispute resolution forums and practices.

Organizational Conflict Resolution and Strategic Choice: Evidence from a Survey of Fortune 1000 Firms

This article examines the strategic underpinnings of firms’ use of alternative dispute resolution (ADR) practices. The authors argue that a firm’s strategic orientation and commitment to ADR shape its adoption of dispute resolution techniques—such as mediation and arbitration. Firms vary in the benefits they seek to gain from adopting ADR practices, and firm-level use is affected by these anticipated benefits. The authors also propose a link between a firm’s commitment to the diffusion, access, and their use of ADR, on the one hand, and employee usage on the other. They test their theory using survey data from Fortune 1000 corporations and identify four distinct strategic orientations toward ADR, which in turn help to explain use of ADR within firms. Finally, they also find that a firm’s commitment to ADR is also shown to affect the firm’s use of mediation and arbitration.

Law Students’ Experiences in an Experiential Law and Research Program in Australia

This paper details a small study of the experiences of 28 undergraduate and postgraduate law students who participated in a student-based research team program. The program employed an interdisciplinary approach to cooperative learning strategies, with students working together in a shared learning experience on a practice-based research project at the Faculty of Law, University of Technology Sydney. Within the framework of a research area related to alternative dispute resolution practices in the legal system, students experienced real-life reference points for learning the law, and were offered a chance to apply relevant legal theory. Whilst the overwhelmingly positive findings must be contextualised by the study’s limitations, insights gained demonstrate that in moving beyond traditional legal pedagogy, there is potential for law schools to examine broadening the student experience, improve wellbeing and better prepare students for a career in law.

Marriage Counsellors’ Reflections on the Counselling Process in Family Courts in India

Family courts in India were established to facilitate speedy redressal of family disputes, particularly matrimonial issues. Marriage counsellors facilitated dispute resolution based on alternative dispute resolution practices. Counselling was mandated for all couples approaching family courts due to marital discord. At present, there is a lack of literature on the process of counselling followed by marriage counsellors in the family courts. The present study used an exploratory research design to understand marriage counsellors’ perspectives on the process of counselling in family courts. Fifty-six marriage counsellors completed open-ended questionnaires on counselling assessment, goals, interventions and the influence of the presence of children on the couple counselling process. Thematic text analysis of the responses revealed a range of areas that counsellors explored, individual and relational goals that they focused on, as well as the interventions used by marriage counsellors in their work with couples. Findings suggested that there was a lack of uniformity in the counselling approaches used by marriage counsellors. Additionally, marriage counsellors reported not being equipped to address some intrapersonal and interpersonal concerns that emerged in the counselling process, despite identifying them. Based on the findings, the paper recommends the need for a unifying framework for training and practice for marriage counsellors working with couples in family courts to conceptualise couples’ concerns as well as guide their goals and interventions. The paper underscores the need for acknowledging sociocultural influences, reflective practice and client feedback in the process of counselling.

PENYELESAIAN SENGKETA NON-LITIGASI DALAM SEJARAH PERADABAN ISLAM

Dispute settlements have two form, litigation and non-litigation. Some options as an alternative dispute resolution non-litigation include mediation, negotiation and arbitration. alternative dispute resolution has long been practiced in Islam to solve the problems. This qualitative-descriptive study uses a socio-historical approach that examines and analyzes the practice of alternative dispute resolution in general, and mediation, negotiation, arbitration in particular. This study aims to discuss the theory of non-litigation dispute resolution and its application in various areas of life in the classical Islamic era. The key issue explored in this research is how to implement non-litigation dispute resolution practices in Islamic history and the event that they are used. The conclusions of this study are; first, the practice of alternative dispute resolution has been done in the classical Islamic era on the event of retaking the Hajar Aswad by using the method of mediation. Second, the practice of negotiation on the event of the beginning of the Hudaibiyah treaty and the third, the practice of arbitration (tahkīm) on events involving Muawiyah and Ali bin Abi Talib in the battle of Shiffin. Keywords: Dispute Settlement, Non-Litigation, Islamic Law

Explaining the Obvious: How Appraisals, Health Care, and More Implement ADR in the Insurance Field

In Part 1 in the July/August Alternatives, Prof. Robert H. Jerry II began an overview of the current state of the use of alternative dispute resolution practices in the U.S. insurance industry by focusing extensively on mass disaster claims. This month, he returns with the second of two parts to comment on claims processing in automobile and homeowners' and in health insurance, as well as the health care industry more generally.

The development of conflict resolution practices in Irish workplaces

Abstract This paper examines the development of procedures for conflict resolution in workplaces in Ireland and the more recent emergence of alternative dispute resolution (ADR) practices. Based on a synthesis of data from a series of studies and on a review of reports of conflict resolution innovations, the paper shows how conventional procedures for resolving collective disputes and individual employment grievances had become almost standard by the 1980s, while a series of ADR practices became features of conflict resolution from the 1990s. The changing character of conflict resolution procedures and practices is attributed to a series of influences that include the professionalisation of personnel and human resource management, the changing pattern and context of workplace conflict, the growing importance of multinational firms, and the emergence of professional training and expertise in the provision of ADR support services. The paper projects a continuing rise in the incidence and use of ADR practices but questions the extent to which organisations in Ireland are likely to adopt conflict management systems based on integrated sets of conflict resolution practices.

Surviving the past, coping with the present, hoping for a future of justice: the dispute resolution practices of the Marrons of Suriname

This article set out to identify the dispute resolution practices that survived historic events such as slavery and colonialism that can add value to modern alternative dispute resolution (ADR) practices. A discussion on ADR and applying it to the African context set the framework for a discussion about the causal relationship between the ADR practices of the Marrons of Suriname and that of the Igbo of Nigeria. This relationship is explained in terms of the Atlantic slave trade and the customary dispute resolution practices of the Igbo. The ADR practices of the Marrons of Suriname are then explained. It was found that strong cohesiveness and kinship survived slavery, colonialism and serves as a value foundation to resolve disputes within a Marron community with a preference for mediation by the Elders and arbitration by leaders selected through customary processes. However, these practices are not yet part of modern jurisprudence and governance because it is not sufficiently codified or understood and accepted by people from outside the Marron culture.