Adjudication outside Construction, Adjudication for Consumer Disputes
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Adjudication is increasingly seen as the preferred means of resolving many construction and consumer disputes. As one party in dispute observed in a personal communication to the writer “It is a forum to finally express my woes. One can often feel helpless . . . in this situation and the process of adjudication has proved cathartic.” However, the differences between construction adjudication and consumer adjudication are not often understood or appreciated. This paper, first, explores some of those differences using, as an illustration of consumer adjudication, the Communications and Internet Services Scheme (CISAS) administered by IDRS Ltd. for the Chartered Institute of Arbitrators and approved by the Office of Communication which is the regulator for the U.K. telecommunications and Internet industry. Second, it looks forward to how the advantages of both may be combined to produce more effective dispute resolution with consistently high standards for resolving differences between parties, ensuring disputes are always effectively and efficiently investigated while streamlining procedures so that they are easy to use, transparent, and cost effective.Keywords:
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As part of sustainable development, Alternative Dispute Resolution (ADR) gives citizen more legal access than court system. Using the information technology, Online Dispute Resolution (ODR) raised as a variant of ADR. ODR is believed as a system that resolve dispute effectively, efficiently, and ab
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Mediation, as an alternative dispute resolution technique, has been rapidly getting a strong position in a daily usage as the most acceptable form for conflicting parties to come to a solution. Many European countries apply forms of mandatory use of mediation before initiating court proceedings in domestic jurisdictions, further promoting the alternative dispute resolution and increasing its affordability in the society. For the purpose to save own finances and time this alternative form of dispute resolution has many users among conflicting parties. Different states also think and work on more innovative forms of using mediation, which will make this process more important and usable. The article deals with mediation as an alternative dispute resolution and its innovative form – Online Dispute Resolution.
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Alternative dispute resolution (ADR) is the name given to the methods where parties in a dispute come to a compromise or settle their dispute without going to court. (ADR) refers to a set of practices and techniques aimed at permitting the resolution of legal disputes outside the courts. The main reason people use ADR is to save the expenses of using the courts and solicitors. There are four main forms of Alternative Dispute Resolution I.e. Negotiation, Arbitration, Mediation, Conciliation, settling dispute by means other than litigations, such as arbitration and mediation.
The purpose of this paper is to discuss about Alternative Dispute Resolution (ADR) and why is it chosen to resolve dispute, further to discuss the benefits to both parties over litigation process. Also, we have discussed over the effectiveness of Mediation even in case where agreements are not enforceable by law. Here we have also tried to put discussions and justification over ADR as a forced compromise or a suggested resolution.
Potential benefits are said to include the reduction of the transaction costs of dispute resolution because ADR processes may be cheaper and faster than ordinary judicial proceedings; the creation of resolutions that are better suited to the parties' underlying interests and needs; and improved ex post compliance with the terms of the resolution. The focus of this article is on mediation and arbitration and not on unfacilitated negotiation which is, of course, the most common means by which parties and their counsel resolve legal disputes outside of court. Part I provides essential background for understanding ADR by focusing on arbitration and mediation. By comparing these processes with adjudication and negotiation - the two procedures conventionally used to resolve legal disputes - the potential advantages and disadvantages of arbitration and mediation are exposed and briefly analyzed.
The workload of Indian Judiciary increased by leaps and bounds and has now reached a stage of unmanageable magnitude, which has in fact led to a large backlog of cases.
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This research is proposed to analyze the alternative means of dispute resolution, as an alternative of justice, or as a justice alternative, after studying both European critical literature and national one. The phrase „alternative dispute resolution” means any alternative way of dispute resolution method whereby two or more people try using a third party to reach a solution to the problem that precludes them, whether it is mediation, conciliation, assisted negotiation. In this research, we proposed to use the observation as a common method. We concluded that the main reason of the alternative means for dispute resolution results from the possibility to avoid the judicial system that makes it available for the litigants. It was also shown that users of alternative means for dispute resolution not seek to resolve the dispute outside a court as an amicable settlement, negotiated, consensual of their dispute.
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The Singapore judiciary took the lead in introducing alternative dispute resolution (ADR) mechanisms into our legal system in 1995, to check the trend of Singaporeans becoming too litigious, and to provide a less expensive and adversarial method of dispute resolution to suit a range of conflicts. This article examines how ADR mechanisms have been integrated within the adjudication process, with particular emphasis on the processes used by the Family and Civil Divisions of the Subordinate Courts to refer a dispute to ADR.
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Humans (and other types of primates for that matter) have a long history in different types of dispute resolution. The expression Alternative Dispute Resolution is used to describe types of non-violent dispute resolution which do not involve the court system. There are documented historical records of alternative dispute resolution systems being used in the ancient Greek city-states as early as 400 BC. This paper provides a brief history of some of these different types of alternative dispute resolution systems and then specifically looks at how alternative dispute resolution can be transformed using digital tools. The different types of alternative dispute resolution systems include negotiation, mediation, and arbitration. Online Dispute Resolution is a specific type of alternate dispute resolution which is conducted at a distance over the internet and may include a combination of negotiation, mediation, and arbitration. Online dispute resolution systems appeared on the internet at the same time as e-commerce systems started to appear. These online dispute resolution systems gave potential users of e-commerce systems the confidence that any dispute which may arise on the e-commerce system would be dealt with fairly. The use of digital tools can transform these processes of alternative dispute resolution systems.
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The emergence of disruptive technologies has transformed how the conflict is resolved. If Alternative Dispute Resolution (ADR) has been understood as a more efficient method of resolving dispute than through the court, then in line with the development of technologies, Online Dispute Resolution (ODR) considered as the most efficient mechanism in ADR. Through ODR, access barriers are reduced, effectiveness increases, software becomes smarter and some ADR elements are challenged. This article focuses on the shifting of dispute resolution from the traditional approach to the new generation one which called digital justice.
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The development of technologies brings immense change to various aspects in the life of modern society.Including the field of law that always follows the development of society, where the dynamics of the development of society help to bring modern legal reform in this case everything always using technologies. The use of technologies also penetrates up to the alternative dispute resolution pattern which begins to develop well. One of the impacts of technologies in the field of law can be seen from the creation of Online Dispute Resolution (ODR) also called as Internet Dispute Resolution (iDR), or also Electronic Dispute Resolution (eDR), Electronic ADR (sADR) till Online ADR (oADR). Basically, ODR has long been adopted by the west countries, like ICANN and European Commission. Indonesia itself is new to know the online dispute resolution or bias is called an online dispute resolution alternative. Why so, it is because there is no legal regulations that truly regulates the Online Dispute Resolution. Indonesia only has a few rules that discuss about ADR only, not with the online ADR. However the electronic or e –commerce transaction sites have long been implemented an online dispute resolution system to address disputes between the buyers/client and the sellers/dealers. Similarly PANDI uses an online dispute resolution system to resolve domain name disputes. When Indonesia has implemented an ODR system in its settlement disputes, so it’s certain that every dispute can be settled in concise, light cost and not waste a lot of time. We can imagine when the proof in court can be done at home through e-mail system, the execution of the court using video conference, as well as the court fees are awarded via transfer.
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Alternative Dispute Resolution(ADR)has become the tendency of civil dispute resolution in many countries for its convenience,economy,swiftness,high specialization and strict confidentiality,etc.In face of the current situation,we should realize that it is a good way by using ADR in medical dispute resolution.The ADR of medical dispute mainly includes arbitration,mediation,and negotiation.All the three kinds are suitable to the resolution of different medical disputes for their characteristics.
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Attorneys resolved disputes before the emergence of alternative dispute resolution (ADR). Attorneys will continue to resolve disputes when alternatives to ADR are someday developed. What is new in the field of alternative dispute resolution is that we now know much more about traditional dispute resolution methods and we now know many more ways to resolve disputes. In this paper, I will first examine alternative methods for resolving disputes and then present a strategy for selecting the best method for resolving a client's dispute.
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