Alternative Dispute Resolution Systems 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.

공동주택 하자분쟁해결 제도의 현황 및 개선방안 연구

The purpose of this study is to examine the current status of alternative dispute resolution systems for disputes related to defects in apartment complexes and to suggest improvement measures from a legal system perspective. To this end, Chapter 2 examines defects and collateral liability in apartment complexes. This article researches the concept and types of defects in apartment complexes under the current law, and studies the main points of liability for defects in apartment complexes under the ｢ Apartment Housing Management Act｣ and the defect repair deposit system. Through this, the main points of defects and collateral liability for apartment complexes under positive law and the contents of the system for guaranteeing the same are identified. Chapter 3 examines the overall details of the alternative apartment complex defect dispute resolution system. To this end, this article researches the basis for establishing the Defect Review Dispute Mediation Committee under the ｢Apartment Housing Management Act｣ and the Consumer Dispute Mediation Committee under the ｢Framework Consumer Act｣ and the method of organizing the committees. In particular, regarding the Defect Review and Dispute Mediation Committee, related regulations are examined in detail, focusing on the defect review system, dispute mediation and financial systems. Chapter 4 examines the tasks for improvement in the legal system and looks at improvement measures for efficient and fair multi-housing dispute resolution. These improvements include discussion of improvement measures from a legal theoretical perspective as well as policy improvement measures. Chapter 5 summarizes and organizes the main contents of this paper as a conclusion and provides additional explanations on legal and institutional improvement tasks.

AN EVALUATION OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN THE AFRICAN REGION

Alternative dispute resolution (ADR) in Africa is growing and flourishing but the region is not a global leader in conflict resolution. The African region still has many challenges to overcome. The region has the potential to expand, grow and thrive with foreign direct investment to boost its economies and ensure stability for its infrastructure. The African region is rich in many natural resources, but, unfortunately, interstate conflict causes instability to social, political and economic rights. This article explores the weaknesses and challenges within the African region with a view to activating the potential of the region to become a global leader in alternative dispute resolution. The enforcement and implementation mechanisms of alternative dispute resolution require an evaluation of current systems to ensure that there is an animate thrust of dispute resolution. The African systems have their strengths, but an evaluation of any system always exposes weaknesses. Corruption within the African region is a common theme, since government does not play an active role in deterring corruption, and this causes the public to mistrust all initiatives that stem from government influence. The article discusses the situation in four African countries, showing that corruption, lack of education and a lack of skilled ADR practitioners cause a dysfunctional system that cannot embrace ADR. For an ADR system to function smoothly, numerous ADR practitioners are needed to resolve conflict competently. Furthermore, a selective system of favouring laws that support only the government as opposed to investors causes an imbalance, and discourages investors from investing in Africa. A way needs to be paved, not to negate international practices relating to investor disputes, but rather to work holistically with national laws, to harmonise laws and overcome any conflict of law within the region.

ROLE AND IMPORTANCE OF TAX CONSULTING IN ALTERNATIVE RESOLUTION OF TAX DISPUTES

The author of this article describes the theoretical and practical aspects of legal mechanisms for alternative dispute resolution. In this scientific work was carried out a systematic analysis of the norms of alternative resolution of tax disputes established by the Tax Code and other regulatory legal acts of the Republic of Uzbekistan, was conducted a comparative study of foreign experience in this area, were analyzed existing problems, were developed recommendations for their solution and were given proposals for improving legislation in the analyzed area. At the same time, has been analyzed the works, that carried out in our country on the alternative resolution of tax disputes, as well as on the prevention, identification and elimination of possible disputes in the tax area. Separately noted, that today the sphere of tax consulting in the country is being formed systematically and in stages. Also, author of this article analyzed the large-scale systematic work carried out to create a fair, transparent tax system for taxpayers and bring the system of alternative dispute resolution in line with international standards, as well as to strengthen the protection of the rights and legitimate interests of taxpayers.

An Alternative Resolution of International Disputes: A Review of the Polish Approach

In the age of globalisation, alternative forms of dispute resolution (ADR) are gaining new importance. In Poland, an increasing number of mediations and arbitrations in international (cross-border) cases are being observed. However, the number and importance of international ADR in Poland is much lower than in other European countries. Polish advocates and legal advisers, experienced in conducting international arbitration and mediation, explain the Polish specificity, genesis, and perspectives of ADR in international disputes. The comparison of lawyers’ experiences with the collected data thoroughly describes the state of out-of-court forms of dispute resolution in these types of situations. The study, based on interviews with Polish jurists, statistical data analysis, and an analysis of nonreactive materials, demonstrates the far-reaching deficiencies and problems of the Polish system of alternative dispute resolution in transnational cases.

SETTLEMENT OF CASES AND DISPUTES IN CIVIL LAW AND PROCEEDINGS IN KAZAKHSTAN (ACHIEVEMENTS, PROBLEMS AND PROSPECTS)

The article describes the history of the emergence, formation and development of peaceful settlement of cases and disputes in civil law and judicial proceedings of the Republic of Kazakhstan. The achievements of the Republic of Kazakhstan in the settlement of cases and disputes through conciliation procedures were noted, promising directions for strengthening peace and harmony in the country were revealed, problematic issues facing civil law and judicial proceedings were indicated. The authors found that the settlement of cases and disputes by peaceful means is consistent with the conceptual ideas of the development of the national legal system. Based on this study, it has been revealed that the existing set of ways to settle cases and disputes, known as the alternative dispute resolution system, has gone through several stages of development. The historical and legal analysis allowed the authors to determine the trend of development and improvement of the national legal system towards simplification of legal proceedings and humanization of legislation. Along with this, to determine that today the peaceful resolution of cases and disputes, on the one hand, is the main factor in reducing the level of conflict in the country and the judicial burden, and on the other hand, an indicator of increasing the level of legal culture of the Kazakh population and its confidence in the judiciary. The authors show the socio-legal significance for civil law and judicial proceedings in Kazakhstan of informal and flexible conflict resolution procedures forming the institution of restorative justice, which arose as an alternative to punitive justice. In the course of the research, concepts and categories developed by civil law and judicial proceedings, normative legal acts regulating the procedure for settling cases and disputes, conceptual and strategic documents defining the development and improvement of the national legal system, statistical data of courts on conducting conciliation procedures were used.

BASYARNAS Institution and its Contribution to Sharia Dispute Resolution

Resolving Sharia disputes is an essential aspect of the lives of those who follow Islamic teachings. The National Sharia Arbitration Board (BASYARNAS) is one institution that plays a significant role in Sharia dispute resolution. This article discusses the BASYARNAS institution's contribution to resolving Sharia disputes in Indonesia. Establishing BASYARNAS aims to provide a quick, accurate, and equitable alternative dispute resolution system based on Islamic law. Sharia Supervisory Board, Sharia Arbitration Court, and Secretariat constitute the BASYARNAS organizational structure. Disputes involving Sharia are resolved through BASYARNAS through deliberation and consensus; if these methods fail, the argument is resolved through arbitration. Through case studies, it was determined that BASYARNAS has successfully resolved some Sharia disputes. However, to enhance the effectiveness and efficiency of Sharia dispute resolution through BASYARNAS, some obstacles remain to be overcome. The BASYARNAS institution's role in resolving Sharia disputes in Indonesia should be better understood after reading this article, which is anticipated to contribute to the academic community and broader community positively.

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.

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.

Rejecting Alternative Dispute Resolution (ADR) in Sexual Violence Crime Cases

The crime of sexual violence in Indonesia is in an emergency phase. The massive number of reports of cases of sexual violence has created its own paranoia for the community, especially in terms of the process of handling cases of sexual violence in Indonesia. This study aims to analyze cases and phenomena of sexual violence in Indonesia and to carry out a normative approach as a study of handling cases of sexual violence. The research method used is normative legal research and the method of analyzing literature and case studies of sexual violence in Indonesia. The results of this study indicate that cases of sexual violence have evolved along with the times. The emergence of gender-based cyber sexual violence (KSBG), abortion cases, and efforts to handle cases using the Alternative Dispute Resolution (ADR) system are injustices to victims. Settlement of cases of sexual violence must be in accordance with Law Number 12 of 2022 concerning Crimes of Sexual Violence, namely the implementation of a legal judicial process.

THE ROLE OF THE VILLAGE HEAD AS A MEDIATOR IN RESOLVING LAND DISPUTES (CASE STUDY OF SIDOKUMPUL VILLAGE, KENDAL DISTRICT)

Indonesia is a country that adheres to a unitary form of government, but it is different if we look at the regional government system where Indonesia has adopted the principle of federalism as regional autonomy. Kendal Regency, geographically, some of its areas are mountainous areas, especially in the village of Sidokumpul, there are still requirements for customs in resolving land disputes. From this, Sidokumpul Village also implemented the ADR (Alternative Dispute Resolution) system. Disputes that occurred in village communities, especially Sidokumpul Village, in their settlement, the community preferred to use conflict resolution in a non-litigation way through the village head. This study uses normative juridical research, or also known as normative legalbresearchbmethod. Thebnormative juridicalbresearch methodbis library law researchbwhich is carriedbout by researching and studying literature materials or mere secondary data. The land dispute problems that occurred in Sidokumpul village during Ari Rimbawanto's 4 (four) years as Village Head could be resolved properly without having to to court, this is due to the crucial role of the village head in the settlement.

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.

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.

Digital Transformation of Alternative Dispute Resolution

Today, in Russia and in the world, the workload on judges is growing, which affects the quality of legal proceedings. Due attention is not given to solving this problem, although its consequences may negatively affect the formation of the information society and the development of the digital economy. The workload per employee in some regional courts does not allow us to expect the quality of the administration of justice. So far, the problem has been local in nature, but the study made it possible to predict that in the near future the workload on all judges may begin to grow at a more significant pace. This will be facilitated by the development of the electronic justice system and the evolution of LawTech. Today, no more than half of social disputes come before the court. The development of information technologies in legal proceedings may motivate persons who have previously avoided the courts to apply to the state for dispute resolution. This process is already being observed in some countries. Identifying the risk of overloading the judicial system requires finding ways to eliminate it. One of the most promising is the digital transformation of the alternative dispute resolution system (ADR). Today in Russia, the ADR is not of a mass nature, which means that the assistance from it to the judiciary is insignificant. The introduction of «end-to-end» digital technologies can significantly increase its efficiency. The analysis of foreign experience allowed us to identify variants of the digital evolution of the ADR. On its basis, it is proposed to form a domestic system of digital dispute resolution, which will not replace, but will protect the existing judicial system from overload. For this purpose, the creation of several innovative legal structures is justified: the rejection of artificial intelligence in court proceedings, the approval of the rule «first ADR», the introduction of Process Mining as a kind of ADR, the creation of temporary ADR algorithms, the introduction of ADR in social media.

A game theory approach to the logic of illegitimate behavior induced during land conflict litigation in urban and peri-urban areas of Pakistan

We aim to explain the logic of extended land conflict litigation procedures as a strategic interaction utilizing Game Theory. We integrated the Code of Civil Procedure, 1908 (CPC, 1908), functional in Bangladesh, India, Myanmar, and Pakistan, with Alternative Dispute Resolution System (ADRS) as strategic options for the incumbents into two interactive game-theoretic models with alternative scenarios. First, litigation for land possession, having land title; Second, litigation for land title, having land possession. The standard litigation procedure is reasoned, and the analytical framework is established from pertaining laws and incumbents' behavior. The games achieve Nash equilibrium only if the litigation cost increases the utility of land at any level forcing incumbents to converge to ADRS. Alternatively, the legal procedure follows the prisoner's dilemma and extends for decades, inducing illicit behavior ascertaining the incumbents to gain possession or title by involving land grabbers and officials. Thus, corresponding game-theoretic models of land grabbing and corruption are established. High litigation costs, lack of transparency, the informality of land, and lack of cadastral information keep illegal behaviors unchecked. Finally, the paper suggests policies to improve the land administration and legal system to manage land conflicts to make cities safe, resilient, and sustainable.

Alternative dispute resolution in digital government

A significant number of people around the world have difficulties with access to justice, and most of the legal conflicts do not reach the consideration by public authorities. Nowadays e-justice and law tech are removing some barriers. The workload in the courts has increased all over the world. The problem of “not everyone can go to the court” turns into a problem of “not everyone will receive a quality service in the court”. The solution can be Digital Dispute Resolution (DDR) as an alternative dispute resolution (ADR) option. The analysis of ADRs in different countries showed that most states use classical conflict resolution methods. However, some countries are implementing online dispute resolution (ODR) which is not able to change the situation significantly and prevent a “docket explosion” in the justice. One possible way to change the situation is to integrate ADR into digital government. The authors have substantiated the necessity of developing DDR and analyzed the difference between this technology and e-justice. The DDR systems are being tested in some countries, but it used in the highly specialized cases, for example, in the smart contract disputes. The proposed ADR system describing in the article has to be integrated with digital government. The authors present main DDR principles and prove that the Artificial Intelligence disputes conclusion is not a part of justice and should be regarded exclusively as ADR.

Procedural Specifics of Consumer Dispute Resolutions in Slovakia

Summary The substantive provisions protecting the consumer in contractual relations belong to the reality of European and Slovak national law, which no one dares to doubt anymore. These norms are of such importance that they have fundamentally influenced the nature of civil law in general. In order for civil procedure to fulfil its basic function in this area, that is, to protect and enforce substantive law and to be a means of protecting subjective rights and legally protected interests, it must ‘keep up’ with the development of substantive law. Procedural law ensures the fullfilment of consumer rights as well. This article crearly describes the procedural specifics of consumer dispute resolutions in Slovakia. It brings the overview of the system of procedural protection as o whole but also focuses deeper on specifics of consumer disputes in standard civil procedure before general courts. The article also briefly describes the system of alternative dispute resolution for consumer disputes and system of consumer procedural protection in administrative and criminal proceedings.

Unbundling workplace conflict: Exploring the relationship between grievances and non-strike industrial actions and the moderating effect of voice mechanisms

Given that an understanding of the inter-relationships among workplace conflict expressions is necessary for effective dispute resolution, this study explores the moderating roles of various types of voice mechanisms in the relationship between grievances and non-strike industrial actions. Using data from the Statistics Canada's Workplace and Employee Survey, we found evidence that a positive relationship between grievances and non-strike industrial action (e.g. slowdowns, work-to-rule, etc.) is stronger in workplaces with weaker union voice, is weaker in non-union workplaces with more extensive high-involvement work systems, and was not affected by the presence of alternative dispute resolution systems. Our findings provide theoretical insights into the role of voice mechanism in the inter-relationships between individual and collective forms of conflict in both union and non-union environments. The results also have practical implications for dispute resolution in terms of the management of conflict and dispute systems design.

A survey of specialty choice among obstetrics and gynecology residents in Japan, Korea, and Taiwan.

The percentage of medicine graduates opting for residency in obstetrics and gynecology (OB/GYN) has been decreasing in developed countries, including in Taiwan, Japan, and Korea. This multicountry study surveyed the OB/GYN residents affiliated with the Taiwan Association of Obstetrics and Gynecology (TAOG), the Japanese Society of Obstetrics and Gynecology (JSOG), and the Korean Society of Obstetrics and Gynecology (KSOG) to evaluate the factors affecting the choice of pursing OB/GYN. A 17-item questionnaire surveying the factors influencing the choice of pursuing a major medical specialty was translated into Japanese, Korean, and Chinese and administered to postgraduate OB/GYN residents between July 1, 2020, and August 31, 2020. Data on the participants' sex, age, and level of residency were collected. Responses were compared between countries and sexes. Residents of all three countries chose OB/GYN based on personal interest, and a sense of accomplishment in saving people's life. Other positive factors include improved quality of life; higher salaries; and more opportunity for new techniques, research, and promotion. The negative factors included medical litigations, longer work hours, and unsafe working environments. Korean residents had lower ratings in several items, including "support from family," "safety of working environment," and "effectiveness of the alternative dispute resolution system," which, unlike Japan and Taiwan, is not a no-fault compensation system for childbirth accidents. The study findings can guide strategy making, such as decreasing workload and yet maintain training quality, to increase the number of medical students pursuing OB/GYN residency.

Kształtowanie się systemu alternatywnych metod rozwiązywania sporów w prawie Unii Europejskiej – rozważania na tle orzecznictwa Trybunału Sprawiedliwości

Interest in Alternative Dispute Resolution (ADR) is a relatively recent development in the EU. In the broadest sense ADR is an alternative to the entire administration of justice by courts of law. This paper focusses on the selected aspects of alternative dispute resolution in the context of the jurisprudence of the Court of Justice. This paper claims that in the EU a new, integrated system of alternative dispute resolution is being formed based on a uniform set of rules that influences the evolution and development of mediations in Member States independently of the Member States’ previous experiences in this field. Therefore, the objective of this paper is to analyse not only EU laws, but also rulings of the Court of Justice which are still scarce in this respect. However, CJ rulings provide guidance on the interpretation of issues that are new to Member States, and that led to certain infringements in the initial period of implementation of the EU law in the area concerned.