The Teaching of Alternative Dispute Resolution (original) (raw)

Mediation - Alternative Dispute Resolution

Safety Engineering, 2019

The European Union actively promotes methods of alternative dispute resolution (“ADR”), such as mediation. The Mediation Directive is applied in all EU countries and it refers to mediation in civil and commercial matters. Encouraging the use of mediation facilitates the resolution of disputes, and it helps to avoid the worry, time and cost associated with court-based litigation. This way, it enables citizens to secure their legal rights in an efficient way. Keywords: alternative dispute resolution, the Mediation Directive, judicial and extra-judicial mediation

Trends in graduate alternative dispute resolution programs

Alternatives to the High Cost of Litigation, 1998

administrators, faculty members and students and the resulting demands for courses, services and degree granting programs have grown rapidly. As of last month, there are roughly 85 graduate ADR programs internationally that offer certificates, minor concentrations, masters and doctorates. (See accompanying Programs List beginning on page 1 18). Of those, the author knows of only fourxeorge Mason, Nova Southeastern, Uppsala (Sweden) and the University of South Australia-that award doctorates directly in ADR Likewise, within the past five years, about a dozen universities have created ADR concentrations within Ph.D. programs that provide students with some level ofADRexpertise. KEY GRADUATE PROGRAMS I N THE UNITED STATES (certificates, master and doctoral) GRADUATE PROGRAMS-INTERNATIONAL (certificates, master and doctoral) UNDERGRADUATE PROGRAMS (courses, minors and majors; not all undergraduate programs are listed.) AMERICAN UNIVERSITY (DISTRICT OF COLUMBIA) (1,3) (IPCR) Program (3) Resolution and Mediation Services ANTIDCH UNIVERSITY (DISTRICT OF COLUMBIA) (1) CONRAD GREBEL COLLEGE, UNIVERSITY OF WATERLOO (CANADA) (3) CORNELL UNIVERSITY (1,3)

Alternative Methods of Dispute Resolution (ADR)

2018

Alternative dispute mechanisms-Arbitration and MEDIATION ARBITRATION & MEDIATION Arbitration, conciliation and negotiation are important alternative dispute mechanisms. These procedures may be utilised for virtually any subject area as a replacement to the court procedure. Arbitration, conciliation and negotiation describe processes whereby two or more parties in a dispute attempt to reach a consensus without recourse to the courts in an environment of compromise. The process may be facilitated by an independent third party, in which instance, it is more accurately described as arbitration. The essence of such processes is that the parties are not bound by strict or rigid rules of procedure but are guided by principles of appropriate conduct such as 'good faith' bargaining. An arbitration does not preclude the inherent jurisdiction of a superior court to review the proceedings. Such a review can extend to an inquiry into the conduct of the arbitration. One such instance is found in the case of Re Heirs of Stanley Malaykhan. 1 The court accepted that an arbitrator could misconduct himself or herself by presiding over an irregularity in the proceedings, such as a failure to give notice of the time and place of meetings or by acting unfairly towards the parties by, for example, hearing one party but refusing to hear the other. In the instant case, the court found that the arbitrator was indeed guilty of misconduct, and declared the arbitration award null and void since the arbitration was a nullity.

Methods of alternative dispute resolution - from conflict to connection

2017

In the relationships between persons, the conflict appears by nature. Mediation is one kind of procedures to solve a conflict. Mediation is based on the voluntary participation of the parties. Mediation is a voluntary process in which an impartial person (the mediator) helps with communication and promotes reconciliation between the parties which will allow them to reach a mutually acceptable agreement. Mediation is a procedure facilitated by a neutral thirdparty who assists the parties in moving to resolution. The neutral third party has no control over the outcome of the case and conflict, but controls and directs the process itself, he or she is responsible for the procedure. While court proceedings are authoritative, formalised and claim-oriented, mediation offers a flexible, selfdetermined approach in which all aspects of the conflict -independent of their legal relevance- may be considered. Against this background, mediation -in contrast to court proceedings- is described as a...

Lessons From the Alternative Dispute Resolution Movement

The University of Chicago Law Review, 1986

In less than a decade, alternative dispute resolution-ADR-has grown from a bravely-voiced hope to a congeries of practices animated by the desire to resolve legal battles outside the courtroom. 1 ADR offers a way-station, or a series of them, between the probity of the adversary system and the flexibility of private negotiations. 2 Though not without an ideology, ADR has never had a unified theory to explain what it accomplishes and how it works. But enough experience has accumulated by now to permit a search for a more analytical understanding of ADR and the lessons it might teach. I. WHAT IS ADR? The ADR roster includes such well-known processes as arbitration, mediation, conciliation, and, perhaps, negotiation. These processes can be used to settle existing disputes or to prevent disputes from developing. 3 There are also new hybrid devices that borrow from courtroom procedure-including, most prominently, the mini-trial. 4 The roster may also be expanded to include the

Critical Examination of Alternative Dispute Resolution

https://www.ijrrjournal.com/IJRR\_Vol.7\_Issue.11\_Nov2020/Abstract\_IJRR0014.html, 2020

This research work will centre on, among many other things, matters which broadly affect “Alternative Dispute Resolution.” Alternative disputes resolution, is popularly known to be called ADR, has been noted to have embraced different methods of resolving different disputes, although it is commonly viewed as a form of assisted negotiations with a central objective of dispute resolution: alternative to traditional processes used by the law. Therefore, ADR is more of a consensual process, that is, it requires consent from the parties involved, and its outcome are non-binding, so as such the dispute might not have been resolved. Prior to the development of Alternative dispute resolution, disputes are often resolved by courts through litigation process, and in most times, justice is not served. So ADR in its core field, encourages litigants to avoid going to court, and in some cases, with appropriate advice, avoid such legal processes altogether. The expression “alternative dispute resolution” is also described in the glossary to the Civil Procedure Rules as a “collective description of methods of resolving disputes otherwise than through the normal trial procedure”. In this broad sense, of course, ADR is by no means a novel phenomenon, encompassing everything from the last-minute “deal” at the door of the court to a formal arbitration.