Alternative Dispute Resolution Processes Research Articles

Can Artificial Intelligence and Modern Technologies Address the Common Issues of Consumer Online Dispute Resolution in the EU?

The article examines the current status of Online Dispute Resolution (ODR) in the European Union, explicitly evaluating its advantages and disadvantages. In addition to examining the evolution of the ODR mechanisms, the author sheds light on the challenges encountered in their implementation, such as concerns about trust, transparency, and accessibility. Moreover, this analysis investigated the potential implications of artificial intelligence and contemporary technologies on the transformation of the EU’s consumer ODR framework. The ADR/ODR system of the EU has been subject to criticism for several weaknesses, including inconsistent implementation, insufficient supervision, and the lack of mandatory participation for traders. The lack of a specialised supervisory mechanism has also led to shortcomings in the oversight process. The Directive does not impose a requirement for traders to participate in ADR procedures; nevertheless, there exists significant heterogeneity in the regulations that govern these procedures. The lack of binding enforcement for final decisions arises from the requirement of Member States to agree upon and acknowledge the mechanisms for recognition and implementation. The EU ODR Platform operates as a mechanism for referring cases to ADR bodies. Nevertheless, the entity in question does not actively participate in the resolution of disputes based on their substantive merits, and its jurisdiction is primarily limited to smaller entities. Artificial intelligence (AI) has the potential to enhance transparency, objectivity, and legitimacy within online dispute resolution systems, thereby potentially giving rise to a two-tier system. The author suggests that in order to bring about significant legislative changes, it is necessary to incorporate certain provisions. These provisions should mandate the enforcement of decisions made in alternative dispute resolution (ADR) processes for consumers and also facilitate the seamless integration of artificial intelligence (AI) into this system. Otherwise, it is unlikely that AI will substantially impact the efficiency and effectiveness of the EU ADR/ODR system, as its primary challenges are rooted in areas beyond the scope of AI, such as the enforcement of decisions.

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

Islamic ADR in Britain: Diversity, Hybridity, and Women’s Experiences of Community Justice

Abstract Key developments in recent decades have contributed to Islamic community justice mechanisms in Britain becoming highly politicized, with a disproportionate focus on Sharia councils. The Sharia council phenomenon, however, does not encompass the full diversity of Islamic Alternative Dispute Resolution (ADR) in Britain. This article starts by providing a more comprehensive outlook on Sharia-based ADR mechanisms in Britain by exploring a variety of forums and actors involved in this line of work, including individual imams and Sheikhs, established and lesser-known Sharia councils, and other forums engaged in religious mediation and arbitration. Based on new empirical research conducted with women users and service providers, the article goes on to reflect on ADR processes of mediation and arbitration and reveals that religious actors frequently move back and forth between counselling, negotiating, mediating, and arbitrating within one case and one setting. Finally, the article explores women’s experiences and narratives about faith-based community justice, reflecting particularly on divorce cases which involve domestic violence. Insights into how such cases have been handled by community mechanisms are provided, highlighting where the latter are falling short and identifying avenues for going forward with setting appropriate procedures and responses to protect the welfare of Muslim women.

A conceptual framework of decentralized blockchain integrated system based on building information modeling to steering digital administration of disputes in the IPD contracts

PurposeIn the construction industry, various parties are involved in a project. Consequently, claims and disputes are inevitable in this industry. This paper aims to develop Integrated project delivery (IPD) practices including early involvement of stakeholders and multiparty contracts which its combination with advanced technologies such as blockchain can lead to better dispute management and improve the whole construction process.Design/methodology/approachBased on literature review, the alternative dispute resolution (ADR) for IPD contacts were identified, and three formats of IPD contracts were selected, and the dispute resolution process of them has been analyzed. Then, based on blockchain review, a conceptual blockchain-based dispute management (BDM) model was generated for ADR in IPD. Model validation was done by an interview. Experts were asked to compare the BDM model with the traditional system regarding the ADR duration.FindingsAnalyses of the collected data from the experts demonstrated that the BDM model has better function in terms of time and cost for ADR process when the project is facing serious and considerable number of disputes. The relation between blockchain technology (BCT) and building information modeling (BIM) has been examined through a framework, and the ability of the proposed model for administrating dispute resolution process has been verified using four different scenarios of construction claims that show the system can run successfully.OriginalityThe current study proposes a truthful model, reliable framework to address the problem of project dispute management in IPD contracts. The system combines the ability to being unchangeable and the reliability characteristics of BCT with informative and automation aspects of BIM together to improve dispute resolution issue in the IPD system.

An Evaluation Of The Legal Framework For Resolving Disputes In The Digital Ecosystem In Nigeria

The discovery of innovative wealth creation through digital assets has become one of the gifts of modern technology to economic empowerment and commercial advancement. Like every other field of property holding, ownership and control; investment in digital assets portends new forms of disputes that require quick, effective and cheap resolution mechanisms if the securities market is to maintain decorum and growth. Utilising the doctrinal research methodology, this article probes into the dispute resolution mechanisms contained in the Investment and Securities Act (ISA), for the resolution of capital market disputes in Nigeria to determine its adequacy in resolving disputes arising from digital assets transactions. The paper found that the promotion of convenient private dispute resolution models like Alternative Dispute Resolution (ADR) and a flexible adjudicatory model in form of specialised courts is required for dispute resolution in commercial and economic investments in the nature of digital assets. The paper also found that the model under ISA leaves much to be desired as the intrigues generated by the constitutional validity of the jurisdiction of the Investment and Securities Tribunal (IST) created thereunder compromised its efficacy and the lack of statutory backing for ADR processes thereunder could erode investors’ confidence in the process. The paper recommends constitutional amendment for a thorough and detailed mechanism for dispute resolution in the capital market.

Alternative Dispute Resolution: Concept, Criticism and Future of Arbitration and Mediation

Settlement of disputes either in the courtroom or outside the courtroom requires the expeditious dispensation of justice as “justice delayed is justice denied” and “justice hurried is justice buried.” While maintaining the thin line between hurried and delayed dispensation of justice, the alternative dispute resolution processes are in trends in legal markets and are embellished with the characteristics of amicable, inexpensive, and expeditious resolution of conflict, hence, attracting the aggrieved parties to resolve their disputes through “arbitration, mediation, conciliation, and hybrid processes”. With this intent, this article explores the concept of alternative dispute resolution processes in general and arbitration and mediation in particular. Rendering qualitative methods, this article critically describes the difference between arbitration and mediation and spent ink to point out the in-depth criticism of the processes and to predict the future of techniques of alternative dispute resolution.

EXPLORING ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN RESOLVING COMMERCIAL AND LABOR DISPUTES: COMPARATIVE ANALYSIS OF NIGERIA AND THE UNITED STATES

Whenever conflict arises, what comes next is how to resolve such conflict in order to promote progress and stability. There is now a global paradigm shift, especially in the business sphere, from the overburdened and protracted court system of dispute resolution to more flexible, less expensive and more expedient alternatives to litigation. From a comparative study approach on the situations of commercial and industrial disputes in Nigeria and in the United States, it is observed that while the United States has gone far in tapping the goldmines of Alternative Dispute Resolution (ADR) mechanisms in resolving commercial and labor rifts in the country, ADR in Nigerian business sector is yet to be fully utilized. Although noticeable challenges were discovered in the course of the comparative study, it can be concluded safely that ADR processes are the appropriate means of resolving most commercial and labor disputes while few of those disputes that raise issues of illegality and fraud, among others, should be pursued through litigation.

Dispute Resolution in Indonesian Islamic Banking: Previous Trends and Future Perspectives

Currently, the legal environment for dispute resolution in the Islamic banking industry in Indonesia is not sufficient to achieve the main purpose of establishing a bank. Although Islamic legal frameworks are important for resolving financial disputes recognized under classical Islamic law, this paper aims to overcome increasing disputes as Islamic banking revenues increase. , provides arguments and solutions for resolving Islamic banking disputes using the Engel curve theory of microeconomics. Therefore, changes in the income of Islamic banks in Indonesia do not significantly affect changes in alternative dispute resolution/ADR requests. Even if the demand for ADR continues to grow, the demand for ADR will be relatively smaller than the change in Islamic banking earnings. The legal framework is dispute resolution in the Islamic banking industry based on the alternative dispute resolution (ADR) process that Prophet Muhammad has demonstrated since his stay in Medina. Conclusion; With this in mind, the Islamic banking services industry is saved from litigation domination that always comes with negative stereotypes about unnecessary payments.

Alternative Dispute Resolution (ADR): A Suitable Broad Based Dispute Resolution Model in Nigeria; Challenges and Prospects.

Purpose: Due to the flaws in the traditional judicial system, the use of Alternative Dispute Resolution (ADR) methods is gaining popularity among scholars and lawyers around the world. Most scholarly articles have examined the inherent advantages of Alternative Dispute Resolution (ADR) techniques over the traditional judicial processes for resolving different types of conflict. Despite the increasing frequency and classification of conflicts in Nigeria, little research has been conducted on the reasons for, and barriers to, disputants' use of alternative dispute resolution (ADR) systems as viable options. Given the complexity of the nature and structure of disputes in Nigeria, this research delves into the factors that push and pull litigants into the use of Alternative Dispute Resolution (ADR).
 Methodology: This study utilized an explanatory research approach to investigate the many distinctive kinds of conflicts and match them with the most relevant ADR procedures. In particular, property disputes, family conflicts, and business disagreements were investigated. 
 Findings: According to the findings, Alternative Dispute resolution (ADR) may lead to a considerable reduction in the amount of time and expense of the dispensation of justice that addresses unfairness in the system of criminal justice administration, ultimately resulting in positive social change.
 Contributions to Theory, Policy and Practice: The study concludes that Alternative Dispute Resolution (ADR) processes have significant potentials for handling the growing number of disputes. However, it is necessary to address their shortcomings as well as facilitate collaboration between the practitioners and the regular courts. It would improve social stability and guarantee satisfaction for the perpetrator, the victim, the community, and society as a whole if this were done. The study recommended, among other things, that the general public and litigants be educated on the inherent advantages of Alternative Dispute Resolution (ADR) in the resolution of conflicts.

Investigating The Jurisprudential Aspects Of ADR

A formal set of guidelines for human conduct is known as the law. Law can be used to govern society. The law has two parts: a descriptive aspect and a philosophical aspect. The philosophical side of the law is covered in jurisprudence. The practise of law is prevalent everywhere. All societies share some commonalities in their jurisprudence, Law (as an institution) is one of several social and political institutions created for conflict settlement. Private parties started looking for novel techniques to speed up the resolution of cases. ADR serves as an alternative to traditional court procedures for resolving disputes. There are two methods for resolving disputes. They are An alternative dispute resolution process and The conventional approach of litigation. Justice has been prioritized by many thinkers, including Plato, above all other moral principles. Overall, justice is a moral principle, but it can take many different forms. Examples include 1. Substantive Justice, 2. Formal Justice, and 3. Legal Justice. The Indian justice system is in a sad state despite being one of the oldest in the world. Indian courts are overburdened with protracted unresolved cases. ADR has developed to strengthen the sense of justice in society because these things are unachievable without it. The aforementioned school of thought has some drawbacks. The main one is that it defines law as a command, regardless of other social structures or institutions. One manifestation of society that was created to address social demands is the law and institutions relating to alternative dispute settlement processes. Artificial intelligence is progressing at an incredibly fast rate. The social, economic, cultural, and political spheres of existence will drastically shift as a result of these advancements. AI systems are starting to appear in ADR processes. Such systems have both advantages and problems. The law ought to be written to take future demands into account.

Review of the new alternative dispute resolution process for tax disputes

Geskille tussen belastingbetalers en die Suid-Afrikaanse Inkomstediens is ’n alledaagse gebeurtenis. Alternatiewe geskilbeslegting is in hierdie opsig ’n belangrike hulpmiddel. Dit is omdat belastinglitigasie, soos alle ander, tydrowend en duur is. Terwyl die Suid-Afrikaanse Inkomstediens egter op belastingbetalerskoste litigeer omdat sy koste gefinansier word uit belasting wat ingevorder word, litigeer belastingbetalers op eie koste met beperkte hulpbronne. In die praktyk skep dit onbillikheid: enersyds kan die Suid-Afrikaanse Inkomstediens, vanweë sy toegang tot die openbare beurs, die koste van litigasie op enige vlak van die geregtelike hiërargie bekostig; aan die ander kant, as gevolg van finansiële beperkings, word toegang tot geregtigheid vir die meeste belastingbetalers deur appèltribunale en geregshowe ernstig beperk. Om hierdie rede is alternatiewe geskilbeslegtingsprosedures van kritieke belang om toegang tot geregtigheid te verseker vir die meerderheid belastingbetalers wat in belastingdispute gewikkel is. Hierdie artikel toon dat die nuwe reëls nie onafhlanklik nie maar in tandem met die Wet op Belastingadministrasie 28 van 2011 werk: terwyl laasgenoemde alternatiewe geskilbeslegting as ’n moontlike meganisme vir die oplossing van betwiste kwessies in ’n hangende appèl erken, skryf die nuwe reëls die prosedures voor wat gevolg moet word wanneer hierdie proses ook al gekies word. Hierdie proses wat gevolg moet word, is nou verbind met die behoorlike funksionering van Suid-Afrika se belastingadministrasiestelsel en die bereiking van die doelwitte soos uiteengesit in artikel 2 van Wet 28 van 2011. Sodoende vestig hierdie artikel ’n rasionele verband tussen, aan die een kant, die doel waarvoor die magte aan die minister verleen is in artikel 103(2) gelees met artikel 257(1), en die uitoefening daarvan by wyse van die inwerkingtreding van die nuwe reëls wat verband hou met alternatiewe geskilbeslegting, aan die ander kant. Die ontleding van die nuwe reëls in hierdie artikel toon egter dat, hoewel belastingbetalers ’n reg het om alternatiewe geskilbeslegting te versoek, hulle nie ’n reg het om deelname aan sodanige proses deur die Suid-Afrikaanse Inkomstediens af te dwing nie. Dit ondermyn die doeltreffendheid van die alternatiewe geskilbeslegtingsmeganisme wat in wetgewing verorden is. Gevolglik word aanbeveel dat reël 13 gewysig word deur ’n bepaling by te voeg wat ’n reg verleen van die soort wat hier beoog word. Boonop toon hierdie artikel dat belastingbetalers ingevolge die nuwe reëls nie die reg het om redes te versoek vir ’n besluit deur die Suid-Afrikaanse Inkomstediens om ’n versoek om alternatiewe geskilbeslegting af te wys nie. As ’n remedie word aanbeveel dat ’n bepaling in die nuwe reëls ingevoeg word wat aan belastingbetalers ’n reg verleen om redes vir ’n besluit van hierdie aard te ontvang. Sodoende sal toegang tot onderhandeling en versoening onder die nuwe reëls meer sinvol en doeltreffend gemaak word. ’n Verdere voordeel van so ’n wysigingsbepaling sou wees dat dit die alternatiewe geskilbeslegtingsmeganisme in die nuwe reëls aansienlik meer belastingbetalergesentreerd in sy vooruitsigte sal maak as wat tans die geval is.

Getting Back to ADR Business in the Wake of the Covid‐19 Pandemic

In last month's Part 1 (see link below), London author/mediator/attorney Rhys Clift provided background on technological changes preceding the global pandemic, and how they combined to affect alternative dispute resolution processes. This month, he continues on how and why Covid‐19 changed business mediation even more, and why these changes are now a permanent part of the dispute resolution landscape.

Comparative Analysis of Alternative Dispute Resolution Laws in Pakistan: its Adaptation, Procedure and Compatibility

The judicial system of Pakistan is well structured and organized. Regular courts are actively functioning in the country. Despite formal litigations, various developed countries of the World have adopted the resolution of disputes through alternative ways, most popularly through Alternative Dispute Resolution. Alternative dispute resolution is such a method whereby issues of the people are solved without formal cases in the courts. The alternative dispute resolution system, already have its roots in the customary structure of the society. Pakistan has also codified various laws with respect to Alternative Dispute Resolution. In this research paper various Alternative Dispute Resolution laws are comparatively analyzed. Its adaptation, procedure and compatibility are discussed and recommendations are given for its effective legislation and implementation. Background and objective of alternative dispute resolution processes and laws are discussed. Role of the ADR laws is also highlighted with respect to reducing of burden of cases from the judiciary.

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

Why Negotiated Rulemaking Is Still Vital: An Interview with Susan Podziba

Negotiated rulemaking, at its heart, is an alternative dispute resolution process, often dependent upon mediation techniques to gain input from stakeholders who will be subject to regulatory processes. The goal is to produce an oversight process that interested parties can live with and that serves whatever the public purposes are in issuing the rules.

Thinking Holistically About Procedural Justice in Alternative Dispute Resolution: A Case Study of the German Federal Ombudsman Scheme

This article examines data collected from users of the German Federal Ombudsman Scheme (GFOS). The data was collected as part of a research project to understand how the GFOS operates in practice and how its procedures and outcomes are accepted by its users. We begin from the premise that experience of procedural justice during this alternative dispute resolution (ADR) process will build institutional legitimacy, and the article makes three contributions to the literature on procedural justice. First, we extend evidence of the link between procedural justice and legitimacy to a novel institutional context that is different in many ways to the criminal justice focus of much of the extant literature. Second, we consider the motivations of service users to engage with ADR as potential moderators of that link. Third, we analyze the relationship between procedural justice, subjective outcomes, and the actual outcomes provided to service users. Overall, we conclude that the link between procedural justice and legitimacy can be identified among those with very different motivations for using the GFOS.

The arbitration of trust disputes in New Zealand—a new frontier?

Abstract Several provisions in New Zealand’s Trust Act seek to create a regime for the determination of trust disputes through alternative dispute resolution processes. At first blush, the regime seems to resolve the question of whether trust disputes are amenable to resolution through arbitration. However, on closer inspection, the regime gives rise to some real concerns about the recognition and enforceability of some awards, especially when those awards are rendered without the consent of all otherwise interested parties. This article discusses the regime and explores those concerns to highlight the perceived shortcomings.

Confidentiality of Financial Data: Lifting of Confidentiality for the collection of Evidence on Alternative Disputes Resolution

With the extraordinary development of anti-money laundering regulations, the confidentiality of financial information has displaced banking secrecy from many Latin American jurisdictions. Such is the case in Bolivia, where confidentiality is the guiding principle on which the current financial system is based and built. Confidentiality is the tool that allows for the integral protection of a legal asset, object of constitutional protection, such as the individual freedom, and in this case, it translates into the custody of privacy of the financial information. As a general principle, the regime of exceptions to this rule must be regulated by the principle of specificity, which is established by national law and must be interpreted restrictively. This article will analyze the applicability of the exception’s regime to the confidentiality of financial data for evidence gathering in alternative dispute resolution processes.

ADR practice in planning conflicts: Australian lawyers’ thinking on ADR, training and mentorship

ABSTRACT Lawyers’ alternative dispute resolution (ADR) practice is an important part of legal practice and education. In this research project, we explored the views of planning lawyers in Melbourne, Australia who were engaged in the ADR processes of mediation and compulsory conferencing. The participants interviewed endorsed the use of ADR in planning disputes and spoke of the need to adopt a collaborative approach drawing on their negotiation and communication skills. They also spoke of their role providing legal expertise in a complex jurisdiction. The lawyers reflected on the nature of planning disputes where conflict can be emotional as disputes deal with the communities’ lived experience of the built environment and the wider concerns of the planning of cities. The lawyers showed the ability to focus on the larger justice issues that affect the jurisdiction. Additionally, the study explored the lawyers’ views on their training in ADR. While some participants appreciated ADR training courses, many pointed to the benefits of learning from those lawyers experienced in planning law disputes. The research presented here suggests the need for ongoing peer support and mentorship for lawyers in the use of ADR, in addition to training, that is particular to their jurisdiction.

Better Information, and Better Evaluations, Can Help Increase Diversity in Arbitrator Appointments

Over three previous installments, author Sarah Rudolph Cole has analyzed the lack of diversity among arbitrators on rosters, and in parties' selections, for moving their matters through the alternative dispute resolution process. After offering two solutions in last month's Part 3 on problems in the “pipeline”—that line of education, life experiences, and jobs that can ultimately lead to a career as an arbitrator—Cole concludes her series with two more proposed improvements, and with hopes that the profession can work to ensure that parties have the opportunity to select from diverse neutrals.