Alternative Dispute Resolution Techniques Research Articles

Harmonizing Conflict: Exploring Global Applications of Alternative Dispute Resolution Methods

This study examines the domain of conflict resolution through a comparison of conventional trial procedures and alternative dispute resolution (ADR) techniques. The author highlights the critical importance of trials in protecting interests and rights, while also recognizing inherent constraints such as protracted proceedings and financial strains. In light of the progressive development of democratic societies, there is a noticeable transition towards alternative methods of resolving disputes, which calls for a thorough assessment of their merits and demerits. The study focuses on mediation, arbitration, negotiation, and conciliation as primary ADR techniques, elucidating their applicability, advantages, and limitations across diverse scenarios and jurisdictions. It emphasizes the contextual dependency of ADR methods and their effectiveness in addressing commercial, familial, and international conflicts. The emergence of online dispute resolution (ODR) as a burgeoning field is also explored, highlighting its potential to enhance accessibility and efficiency in conflict resolution. The analysis concludes by promoting mediation as a fundamental aspect of modern dispute resolution frameworks, highlighting its focus on human interests and its ability to cultivate harmonious relationships. The ongoing development of alternative dispute resolution (ADR) methods, in conjunction with advancements in technology and cultural awareness, presents an opportunity to transform the field of conflict resolution by enhancing its adaptability and inclusiveness.

Review of Alternative Dispute Resolution Methods in Construction Projects

Disputes are common in construction projects due to their dynamic and complex nature. If project leaders ignore finding resolution quickly, these disputes can impact negatively on project performance. Therefore, effective dispute resolution is important for successful project performance and closure as well. This paper comprehensively explores the use of Alternative Dispute Resolution (ADR) techniques for construction disputes focusing on negotiation, mediation, arbitration, expert determination, and adjudication. The study investigates the effectiveness and applications of each ADR method, emphasizing the advantages of ADR, including time and cost savings, confidentiality, and relationship preservation. This paper provides a better understanding of these mechanisms for anyone involved in construction projects. Furthermore, the paper offers a strategic approach to choosing the most suitable ADR method, considering factors such as financial constraints, organizational dynamics, legal requirements, and the nature of the dispute.

Enhancing Construction Claims and Dispute Resolution in the Nigerian Building Sector: Insights from Thematic Analysis.

The study investigates the mechanisms of construction claims and dispute resolution within the Nigerian building sector, employing a thematic analysis to uncover insights that could enhance these processes. The research methodology involved semi-structured interviews with professionals from leading construction companies in Abuja, Nigeria. Participants were selected through purposive sampling, ensuring they possessed relevant experience in managing construction claims and disputes. The data collected was rigorously analyzed using thematic analysis, which facilitated the identification of prevalent challenges and the evaluation of current dispute resolution methods. The findings reveal that contractual ambiguities, communication failures, and cultural differences are the primary sources of disputes, leading to significant project delivery issues such as cost overruns, schedule delays, and quality defects. Traditional dispute resolution methods, including negotiation, arbitration, and litigation, are commonly utilized, yet the study identifies a notable gap in the adoption of Alternative Dispute Resolution (ADR) techniques. Barriers to ADR implementation, such as lack of awareness and trust among professionals, were highlighted. The study contributes to knowledge by providing a comprehensive understanding of the dispute sources and by evaluating the effectiveness of existing resolution methods. It also offers strategic recommendations for the development of a structured framework for claims management, tailored to the Nigerian context. The implications of this research are far-reaching, suggesting improvements in contractual clarity, communication training, and policy reforms that could significantly benefit the construction industry.

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.

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.

Mahatma Gandhi’s Paradigm of Peaceful Conflict Resolution: A Critical Assessment

Human life frequently involves conflict, yet man has also tried to resolve conflicts practically since the dawn of time. Conflict can be resolved in one of two ways: violently or nonviolently. Humans always have to decide whether to use violence or nonviolent means to settle disputes. Gandhi is remembered for his decision to choose Satyagraha, or nonviolent resistance, to resolve disagreements. Many scholars and individuals have described the nonviolent approach to settling problems both before and after Gandhi, but Gandhi was the one who not only spoke and wrote a great deal about it, but also exemplified it in his thoughts, words, and deeds. Through the assistance of a mediator, the modern Alternative Dispute Resolution (ADR) movement has developed a mechanism meant to prevent litigation and give parties to disagreements some degree of control over how they are resolved in a Gandhian spirit. The goal of the essay is to reexamine ADR from a Gandhian standpoint and show how Gandhian satyagraha and ADR techniques are related. Gandhi advocated for out-of-court settlements in numerous situations during his career and in public. Therefore, he might be referred to as the founder of ADR in India.

Analysis of alternative dispute resolution techniques: Apparent future of legal dispute

Analysis of alternative dispute resolution techniques: Apparent future of legal dispute

Alternative Dispute Resolution: A Panacea for Retrieval of Expeditious Justice in Pakistan

The perpetual reverberating maxim “Justice delayed is justice denied” has fragmentary implementation as mere fragment “justice delayed” is operating in Pakistan due to obstacles like intricate and protracted judicial and procedural processes in legal system of Pakistan that resultantly not only debars dispensation of expeditious justice but also makes the justice exorbitantly expensive. The paper by accentuating the causes of obstructive delays in justice demonstrates Alternative Dispute Resolution as a panacea for retrieval of inexpensive and expeditious justice in Pakistan. This paper explores that the existing laws of Pakistan on Alternative Dispute Resolution have slightest implementation; hence this paper is an endeavors to build judicious cognizance of Pakistani legal system for Alternative Dispute Resolution as the proper execution of Alternative Dispute Resolution techniques can change the fate of delayed justice in Pakistan.

Briefing: The role of the Technology and Construction Court in alternative dispute resolution

The construction industry is highly litigious, and disputes can be costly, not merely in a financial sense but also in terms of the breakdown of otherwise valuable relationships due to the conflict. While arbitration and adjudication are commonly used in the construction sphere as dispute resolution tools, the adversarial nature of such processes may hold deleterious consequences for parties in terms of financial costs, delays, risks and loss of business. It was not until the late 1980s that it was realised that conventional litigation for construction disputes was far too cumbersome and expensive. Arbitration was the traditional method for the resolution of construction disputes for many years until the introduction of a range of alternative dispute resolution (ADR) techniques, adjudication and the introduction of pre-action protocols in litigation. The English courts have also proven eager to embrace ADR during the early stages of litigation proceedings, particularly when litigation costs will exceed the amount in dispute. This briefing examines the role of the Technology and Construction Court in ADR.

ALTERNATIVE DISPUTE RESOLUTION IN THE LIGHT OF ARBITRATION LAWS

Expeditious justice has become a most challenging feature of the Pakistani judicial system. The backlog of pending cases is increasing over time. To meet these challenges, Alternative Dispute Resolution is the track for the revival of speedy justice and it is a tool that avoids formal and lengthy litigations. This research paper discusses the need for alternative dispute resolution techniques in Pakistan and its discourses in civil laws. To this end, this piece after perusal of Pakistani courts’ judgments describes the scope of arbitration in the expeditious resolution of disputes. Moreover, the article scrutinises the powers of an arbitrator and the effect of its biasness. Keywords: Alternative Dispute Resolution; Expeditious justice; Delayed Justice Arbitration; Arbitrator; Award

TRADITIONAL RULERS AND ALTERNATIVE DISPUTE RESOLUTION: A CASE STUDY OF ETINAN LOCAL GOVERNMENT AREA, AKWA- IBOM STATE, NIGERIA

Traditional Institutions in Africa was once held in high esteem by African societies. The Institution based on the pedigree of the traditional leaders was known for the preservation of culture(ral) values maintenance of law and order and effective conflict resolution in their respective domain(s). They are trusted to give sound judgment and justice that is not legally or judicially bias. The advent the introduction of the 1976 Local Government Reform crippled the well-defined and hallowed system of Tradition in Nigeria which was using alternative dispute resolution to ensure that peace reigned in their domains.This is based on the perception that Alternative Dispute Resolution through mediation is a viable instrument for dispute settlement by the Traditional Rulers in Etinan. Therefore, this study seeks to investigate Alternative Dispute Resolution Techniques used by Traditional Rulers in Etinan Local Government Area of Akwa Ibom state, Nigeria. The population of the study are men and women from the Local Government Area while the sample size(50 ) was purposively selected for the study. A self-structured questionnaire was used for data collection. Interviews were conducted with key informants.Journals, archival materials, and internet articles were used to affirm certain facts that traditional rulers uses Alternative and negotiation techniques for dispute resolution through mediation process. The study reveals that traditional rulers employs the use of Reconciliation, Mediation,and Litigation to resolve all forms of conflict. However , Litigation is used when conflicting parties are not satisfied with the outcome of the mediation process. It was also revealed that the use of Personal Data of Spouses and Close Kinship is another form used to resolve conflict in Etinan. The paper recommends that asides traditional rulers, mediators and the society at large should adapt the use of Alternative Dispute Resolution dispute settlement at all levels and devoid of court proceedings

Managerial Judicial Conflict Resolution (JCR) of Plea Bargaining

This article examines the role of the criminal judge in light of the vanishing trial phenomenon and the emergent reality of many doors to process legal conflicts in both the civil and criminal domains. It focuses on judicial conflict resolution (JCR), which is any activity conducted by judges in order to promote consensual disposition of legal cases, in “Plea Bargains Facilitating Days” (moqed) in Tel-Aviv Magistrate’s Court. We conducted quantitative and qualitative analyses of data collected from observations of 717 hearings in 704 criminal cases and found that, on average, 5.55 (SD = 3.62) hearings were required for disposing of a case, and the average duration of a legal proceeding from indictment to closure was 548.55 (SD = 323.17) days. In most of the hearings the judges’ role was confined to managerial-bureaucratic decisions intended to enable the negotiation between the parties. JCR activities occurred in only 16.9 percent of the hearings, and we identified six types of JCR practices in the promotion of plea bargains: narrow and broad facilitation of negotiations between the parties, forecasting the legal outcome, negatively presenting the judicial process, using lawyer-client relations to promote agreement, and using Alternative Dispute Resolution (ADR) techniques. These findings are compared to previous findings on the roles of judges in civil pretrial proceedings, and the more active role of the civil judge in promoting settlements is discussed. We further discuss the possibility of expanding a therapeutic and rehabilitative approach in the framework of criminal JCR during preliminary hearing days, which become today the main door of criminal justice.

Premises recovery through adoption of alternative dispute resolution (ADR) techniques

Purpose This paper aims to explore the use of alternative dispute resolution (ADR) techniques as a legitimate means of ejection of recalcitrant tenant in property. This is with a view of providing information that will improve property investment and management. Design/methodology/approach The paper adopts a case study approach using five selected case studies where ADR approach was used to recover premises. Findings The experience from the case studies shows that the use of ADR in premises recovery is effective but has its challenges. In the five case studies, consent judgment, mediation and negotiation were used to recover premises in less than three months compared to an average of 18 months using litigation. Also, the cost in all the cases were lower where they exist at all than when litigation are used. The paper provides useful information to practitioners on the use of the effective alternative approach to recover premises from recalcitrant tenants. Originality/value The paper provides practical ways through which recovery of premises could be achieved through non-adversarial technique in developing property markets, which hitherto was not available in literature.

Managing Workplace Conflicts in Business Environment: The Role of Alternative Dispute Resolution (ADR) Ethiopian in Focus

A critical review of a journal article is an evaluation of an article's strengths, weaknesses and validity. It is used to inform readers of an article's value through explanation, interpretation and analysis. Ethiopia has for centuries been using traditional methods of dispute resolution. The institutions of Gadaa among the Oromo, the Shimagelle by the Amhara, and the other ethnic groups reviewer re used. But Alternative Dispute Resolution has not attained any significant position of usage and acceptance in its modern form. Recent incorporation of Alternative Dispute Resolution mechanisms in the legal polity has been greeted with a lukewarm attitude by the government, judiciary and the civil society (Shipi M, 2001). This article critically analyses alternative dispute resolution alternative dispute resolution in Ethiopia. it includes coverage of: various alternative dispute resolution techniques and the roles played by alternative dispute resolution practitioners in workplace conflict; the need for workplace grievance policies and the forms these can take; the suitability of alternative dispute resolution for various types of disputes; three case studies where alternative dispute resolution was utilized in workplace conflict and the experiences of both the human resource consultant and their clients (Barrister E, 2014). In this regard, the aim of the article is to examine all the possible and applicable alternative dispute resolution mechanism and literature synthesis in general. Keywords: alternative Dispute resolution, organizational, work place conflict, concept DOI : 10.7176/RJFA/10-1-01

Alternatív közszolgáltatás, alternatív vitarendezés

The paper aims to find a connection between the methods of alternative dispute resolution and one of the oldest and largest organized crime groups, the Yakuza, which is considered as one of the four largest transnational organized crime groups by the USA as of July, 2011. The rationale behind my research was on the one hand that numerous types of alternative dispute resolution (ADR) techniques are well-known and applied by Japanese jurisdiction, and the views and circumstances which represent the Yakuza, as a kind of public services institute, which supports the weak and the poor, as opposed to crime organizations in different countries. I assume that in a scientific manner, the Yakuza is a potential subject of an ADR process, or references of the alternative resolution of the dispute in the relevant studies and other source-strings correlating to the Yakuza could also be possible. To uncover the connections, the investigation focused on scientific studies about the applied methods of alternative dispute resolution in Japan, and in general the culture of dispute resolution of Japanese people as compared to the attitudes of citizens from different cultures. Furthermore, I seek the approaches according to which, the Yakuza in the time of need is a supporting institute, and serves society. This result could also point out further connections on the stage of politicaland economic interlocking. I expect to prove that the examined studies will lead to a correspondence between the two fields in a manner from which I could deduce consistent and scholarly application of ADR techniques with the participation of the Yakuza.

General Overview on Selecting and Drafting Construction Contract Disputes Resolution

A good international contract as the experts considered is the most complicated one the parties must draft carefully. It involves many stakeholders and containing documents to attach likewise financial judgment, technical specifications, work scope, rights, obligation, responsibility and other external factors which are beyond the parties’ consideration. A good design contract will prevent the parties from disputes. The dispute settlement mechanisms should be explicitly stated in the international construction contract. The nullity of the choice dispute settlement mechanisms or in the absence of the choice dispute settlement mechanisms and also the unperformed of the contract purposes will not prevent the dispute from being occurred. The most common process to resolve disputes is through litigation, but the process takes time, energy and funding. The method of alternative dispute resolution (ADR) such as mediation, conciliation, mini-trial, arbitration or other ADR techniques eradicate all the obstacles above. The question arises then, how the parties select the best alternative disputes settlement mechanism and how it should be drafted in their contract. Normative legal research is the method employed to respond the problems. Therefore, this article will elaborate the methods that will effectively settle the constructions disputes and mechanism in drafting construction contract disputes resolutions provisions

ALTERNATIVE MEDIATION OPERABILITY MECHANISMS UNDER STANDARD CONSTRUCTION CONTRACT CONDITIONS

The use of alternative dispute resolution (ADR) techniques has been on the rise, particularly as part of the contemporary, staged-type mechanisms forming part of the pertinent conditions of the construction contract. Among the several ADR methods in use, mediation is the method widely found to be explicitly or implicitly incorporated in any such mechanisms, with its use being often stipulated as condition precedent to ultimately resorting to arbitration. This paper investigates the varying statuses of mediation as prescribed under three American-based standard contract conditions, in comparison with its implied status under international such conditions. The within and in-between comparative analyses revealed distinct differences and some resemblances in respect of several concerned attributes including: (1) the staging (sequence step) of the mediation process within the involved claim/dispute resolution timelines, (2) the condition(s) for triggering such a process, (3) the provisions governing its length, and (4) the manner with which it may be ended. The paper concludes with inferences as to the characteristics that may be hypothetically viewed as more conducive to the effective employment of such an ADR technique in resolving disputes.

Advancing of Restorative Justice in Criminal Law in India and Germany: A Comparative Study

The need for alternative dispute resolution and its importance is not a new discovery. Various kinds of informal agreements existed throughout the world when Alternative Dispute Resolution was not legally recognized as such. It first, however, was employed only in civil cases, and criminal justice system was exempted from it. The state undertook the responsibility to impose sanctions (which is very much the case even now) in criminal matters and the idea of informal settlement in these cases arrived much later globally. This article seeks to put some light on two systems, that is, India’s accusatorial system and Germany’s inquisitorial system of trial, and how both the countries have gradually come up with alternative dispute resolution techniques, with the primary focus being the victim–offender mediation programmes (VOMPs) and plea bargaining. The article shall give an overview of the guiding principle behind these programmes, that is, restorative justice and further trace the historical development and the present situation in both the countries. This is a comparative analysis which shall put forth the best out of both and give suggestions to improve the existing situation, while taking learning lessons from both the countries.

LA MEDIACIÓN COMO INSTRUMENTO PARA LA RESOLUCIÓN EXTRAJUDICIAL DE CONFLICTOS DE CONSUMO EN EL ÁMBITO TURÍSTICO

Las técnicas extrajudiciales de resolución de conflictos están popularizándose en los últimos años en diferentes sectores como mecanismos eficaces a la hora de ofrecer una solución económica, rápida y flexible a los problemas de los particulares y, al mismo tiempo, como forma de descargar de trabajo a Jueces y Tribunales. A lo largo de este estudio se expone el régimen jurídico de estos mecanismos, con especial referencia a la mediación, tanto en el ámbito europeo como interno, y centrando el objeto de análisis en los mecanismos de protección de los consumidores y usuarios. Partiendo de esta base, se examinan las circunstancias y problemática particular del sector turístico y se realizan algunas propuestas de mejora en relación a los instrumentos de mediación a disposición del turista para la defensa de sus derechos como consumidor.

Alternative dispute resolution in Palestine: the myth and dilemma of construction mediation

Purpose This paper aims to investigate the use of alternative dispute resolution (ADR) techniques in the Palestinian construction industry. It also seeks to identify some of the drivers and barriers to the greater use of particular ADR techniques. Design/methodology/approach In this study, 12 semi-structured in-depth interviews were conducted with senior ADR practitioners comprising nine construction professionals, two eminent lawyers and a retired judge. Findings This research has explored the practices of mediation, adjudication and expert evaluation in the Palestinian construction industry and has identified deficiencies in implementation and the roles that the cultural and legal contexts play in this. The research findings cast some doubt on the results of previous studies asserting the widespread use of construction mediation. Originality/value This paper contributes to knowledge by bringing new insight into the practice of particular ADR techniques in the Palestinian construction industry and in identifying challenges to the more widespread adoption of these ADR techniques. This paper exposes the myth of the popularity of construction mediation and the dilemma to the use of mediation brought by the social construction and conceptualisation of the mediator’s role.