Arvind Arbitration Arbitration has been defined by the Queensland Law society as a “form of dispute resolution falling outside the courts‚ so as to obtain a legally binding decision. Parties choose an independent expert namely‚ an arbitrator to perform the role of a judge‚ who is usually legally trained.” Arbitration has numerous advantages: a) Binding decisions coupled with formality and the option for privacy Some parties feel uncomfortable attending a hearing whereby the public and
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The Legal System and ADR Analysis LAW/531 March 03‚ 2014 Ms. Debra Johnson Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation‚ negotiation‚ conciliation‚ mediation‚ and arbitration. As burgeoning court queues‚ rising costs of litigation‚ and time delays continue to plague litigants‚ more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory
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ALTERNATIVE DISPUTE RESOLUTION (ADR) IN CHINA In China‚ many forms of ADR are combined with litigation and arbitration‚ which can be called hybrid processes that ultimately lead to legally binding outcome under appropriate circumstances. Therefore‚ in China’s legal practice‚ the meaning of ADR shall be slightly different from the normal definition‚ for example the result of ADR can lead to legally binding‚ hybrid processes‚ if it is agreed by both parties in dispute. It is generally accepted
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Mediation is defined as an intervention to settle a dispute: the intervention by a third party between two sides in a dispute in an attempt to help them reach an agreement (www.msn.com). Arbitration is defined as the process for resolution of disputes: the process of resolving disputes between people or groups by referring them to a third party‚ either agreed on by them or provided by law‚ who makes a judgment (www.msn.com). The definitions have been established and it is now time to ask a few questions
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COPYRIGHT PROTECTION IN NIGERIA You would recall that in my last article‚ I stated that there is no centralized system of registering copyright in Nigeria. I stated that a “work” which is the subject not the copyright need not be registered before it can be protected under the law. In the process of patenting an invention‚ I came across a process known as copyright notification and I think it is important that I share it with you (You are probably wondering what Patent registration has to do with
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Pepperdine Dispute Resolution Law Journal Volume 3 | Issue 3 Article 5 4-6-2012 UNCITRAL Model Law on International Commercial Conciliation: From a Topic of Possible Discussion to Approval by the General Assembly Robert N. Dobbins Follow this and additional works at: http://digitalcommons.pepperdine.edu/drlj Part of the Commercial Law Commons‚ Dispute Resolution and Arbitration Commons‚ International Law Commons‚ International Trade Commons‚ Legislation Commons‚ Other Law Commons‚ and
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1. Policy. To assure a work environment that is conductive to the delivery of high quality patient services‚ VISN X is dedicated to finding creative‚ acceptable‚ and early resolution of disputes. Therefore‚ the use of mediation and other forms of ADR as alternative means of resolving disputes is hereby endorsed and encouraged by the leadership of this Network. To facilitate this policy and actively support the use of ADR and mediation‚ the VISN leadership is establishing the VISN X Mediation Program
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group of elders and influential persons in a village deciding the dispute between villagers are not uncommon even today. There are also instances of disputes between persons of two different villages being settled by a body of individuals drawn from the disputants’villages‚ a third village or a combination of the two. The disputants are required to present their cases before the panchayat which will attempt to resolve the dispute. The working of the panchayat is such that it would be difficult to
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negotiations. Everyone desires to walk away from the bargaining table satisfied that the gains achieved by both parties are equal. Bilateral negotiations should always be the preferred method of choice for all conflict resolutions. Unilateral‚ bilateral‚ third-party and alternative dispute resolution (ADR) are all approaches and methods that deals with conflict. Unilateral methods never yield win/win results because the approaches used are avoidance (lose/lose)‚ accommodate (lose/win)‚ and competitive (win/lose)
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Phoenix – LAW/531 March 18‚ 2012 Abstract Several of the non-traditional forms of alternative dispute resolution (ADR) offer benefits that traditional litigation cannot offer. The following few paragraphs will compare and contrast traditional litigation as compared to the more non-traditional forms of ADR. Litigation vs. Non-Traditional ADR Determining the ideal method for resolving a business dispute can be a challenge for businesses. A business that does not have a large cash reserve
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