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Alternate dispute resolution ( ADR , known in some countries, such as India, such as external dispute resolution ) includes dispute resolution processes and techniques that act as a means for those who do not agree to reach an agreement that is not in accordance with the litigation. This is a collective term for the ways in which parties can resolve disputes, with the help of third parties.

Despite the historical resistance to ADR by many popular parties and their supporters, ADR has gained wide acceptance among the general public and legal profession in recent years. In fact, some courts now require some parties to use ADR of some kind, usually mediation, before allowing cases of parties to be tried (indeed the European Mediation Directive (2008) clearly contemplates what constitutes "mandatory" mediation; that attendance is mandatory, not a settlement to be achieved through mediation). In addition, the parties to merger and acquisition transactions are increasingly turning to ADR to resolve post-acquisition disputes.

The increasing popularity of ADR can be explained by the increasing burden of traditional courts, the perception that ADR imposes less fees than litigation, preferences for secrecy, and the desire of some parties to have greater control over the selection of individuals or individuals who will decide their disputes. Some senior courts in certain jurisdictions (in which England and Wales are one) strongly support the use of this mediation to resolve disputes.

Video Alternative dispute resolution



Prominent features

Alternative dispute resolution (ADR) is generally classified into at least four types: negotiation, mediation, collaborative law, and arbitration. (Sometimes the fifth type, conciliation, also included, but for this purpose may be considered as a form of mediation See conciliation for more details.) ADRs can be used in conjunction with existing legal systems such as sharia courts within the jurisdiction of common law such as the UK.

ADR tradition is somewhat different according to country and culture. There are significant common elements that justify a major topic, and every country or region of difference must be delegated to sub-pages.

ADR are two historical types. First, methods for resolving disputes outside the formal justice mechanism. Second, the informal method attached to or attached to the official judicial mechanism. There are also free-standing and/or independent methods, such as mediation programs and ombudices within the organization. The methods are similar, be they pendants or not, and generally use similar tools or skills, which are essentially a subset of negotiation skills.

ADR includes informal courts, informal mediation processes, formal courts and formal mediation processes. Classical formal court forms of ADR are arbitration (both binding and giving advice or non-binding) and private judges (either sitting alone, in the panel or above the jury summary). The classical formal mediation process is a reference to mediation before a court-appointed mediator or court panel. Structured transformative mediation as used by the US Postal Service is a formal process. Classical informal methods include social processes, referrals to informal authorities (such as trade members or respected social groups) and intercession. The main differences between formal and informal processes are (a) depending on court procedures and (b) ownership or lack of formal structures for the application of procedures.

For example, free form negotiation is simply the use of a tool without any process. Negotiation in arbitration arrangements of labor is the use of tools in highly formalized and controlled settings.

Calling an organization's ombudsman office is never, by itself, a formal procedure. (Calling upon the ombudsman of the organization is always voluntary: based on the International Practice Standards of the Association of Ombudsmen, no one can be forced to use the office of ombuds.)

The organization's ombuds office refers people to all conflict management options in the organization: formal and informal, rights-based and interest-based. But, in addition, partly because they have no decision-making authority, the ombud office can, on its own, offer a wide spectrum of informal choices.

This spectrum is often ignored in contemporary discussions "ADR". "ADR" often refers to an important external conflict management option, but is used only occasionally. Organizational ombuds office usually offers many internal options that are used in hundreds of cases within a year. These options include:

  • pay homage, for example, confirming visitors' feelings while remaining explicitly neutral on the facts of the case,
  • active listening, acting as a soundboard,
  • provide and describe information, one-on-one, for example, about policies and rules, and about the context of the problem,
  • receive important information, one-on-one, for example, from those who report unacceptable or illegal behavior,
  • reframe the problem,
  • help develop and evaluate new options for problems encountered,
  • offers referral options to other resources, to "key people" in the relevant department, and to managers and compliance offices,
  • helps people help themselves to take a direct approach, for example, helping people collect and analyze their own information, help people compose letters about their problems, train and play roles,
  • offer shuttle diplomacy, for example, helping employees and managers to think of proposals that can resolve disputes, facilitate discussions,
  • offers mediation within the organization,
  • "search" issues informally,
  • facilitate a common approach to individual issues, such as inciting or offering training on a particular issue, finding ways to disseminate existing policies,
  • identify and communicate across the organization about "new issues",
  • identify and communicate about problem patterns,
  • works for system changes, for example, suggest new policies or procedures,
  • follow up with visitors, follow up on system change recommendations. (See Rowe, Mary, Informality - Fourth Practice Standard, in JIOA, volume 5, no 1, (2012) pp 8-17.)

Informal referrals to co-workers who are known to help people solve problems are informal procedures. Peer-to-peer interventions are usually informal.

Conceptualizing ADR in this way makes it easy to avoid confusing tools and methods (whether negotiation once a lawsuit is filed is no longer an ADR? If it is a tool, then the question is a wrong question) (is ADR mediation unless the court orders it "If you see the command courts and similar things as formalism, then the answer is clear: the mediation of an annexed court is only a formal ADR process).

Dividing the lines in the ADR process is often driven by providers rather than consumer driven. Educated consumers will often choose to use many different options depending on their needs and circumstances.

Finally, it is important to realize that conflict resolution is one of the main goals of all ADR processes. If a process leads to a resolution, it is a dispute resolution process.

The prominent features of each type are as follows:

  1. In negotiations, participation is voluntary and no third parties facilitate the resolution process or implement a resolution. (NBs - third parties such as ministers or organizational ombudsmen or social workers or skilled friends can train one or both parties behind the scenes, a process called "Helping People Help Yourself" - see Helping People Help Yourself, in Journal Negotiations July 1990, pp.Ã, 239-248, which includes a section on helping someone compose a letter to someone who is considered to have persecuted them.)
  2. In mediation, there is a third party, mediator, who facilitates the resolution process (and may even suggest a resolution, commonly known as "mediator proposal"), but does not impose a resolution on the parties. In some countries (for example, the United Kingdom), ADR is synonymous with what is commonly referred to as mediation in other countries.
  3. In collaborative or collaborative divorce laws, each party has an attorney who facilitates the settlement process under special contract terms. The parties reach agreement with the support of lawyers (who are trained in the process) and the experts agreed upon. Nothing imposed a resolution on the parties. However, the process is a formal process that is part of the litigation and court system. Instead of being an Alternative Resolution methodology, this is a litigation variant that occurs depending on ADR such as attitudes and processes.
  4. In arbitration, participation is usually voluntary, and there are third parties who, as private judges, apply the resolution. Arbitration often occurs because the parties agree that future disputes over the agreement will be settled through arbitration. This is known as 'Scott Avery Clause'. In recent years, the enforcement of the arbitration clause, particularly in the context of consumer agreements (eg, credit card agreements), has attracted oversight from the courts. Although the parties may appeal the outcome of the arbitration to the court, such appeals face a demanding review standard.

Beyond the basic types of alternative dispute resolution, there are other different forms of ADR:

  • Case evaluation: a non-binding process in which the parties present facts and issues to the neutral case evaluator who advises the parties on the strengths and weaknesses of their respective positions, and assesses how disputes will be decided by a jury or other adjudicator.
  • Neutral initial evaluation: a process that occurs immediately after a case is brought to justice. This case is referred to an expert who is asked to provide a balanced and neutral evaluation of the dispute. Expert evaluation can assist the parties in assessing their case and may influence them against the settlement.
  • Family group conference: a meeting between extended family members and extended group members. At these meetings (or often a series of meetings) the family becomes involved in learning skills for interaction and makes plans to stop misuse or other abuse among its members.
  • Neutral fact-finding: a process whereby a neutral third party, chosen by the disputing party or by a court, investigates the matter and reports or testifies in court. Neutral fact-finding process is very useful for solving complex scientific and factual disputes.
  • Ombuds: third parties are selected by institutions - eg universities, hospitals, companies or government agencies - to handle complaints by employees, clients or constituents.

The organizational Ombudsman works within the agency to seek complaints independently and impartially.

"Alternative" settlement disputes are usually considered alternatives to litigation. It can also be used as a colloquial because it lets disputes fall or as an alternative to violence.

In recent years, there have been more discussions about taking a system approach to offering different types of options to conflicting people, and to encourage a " eligible " dispute resolution.

That is, some cases and some complaints must in fact be addressed to official complaints or to the courts or to the police or to compliance officers or to governmental IGs. Other conflicts can be resolved by the parties if they have sufficient support and coaching, but other cases require mediation or arbitration. So "alternative" dispute resolution usually means non-court methods. A "proper" dispute resolution considers all the possible options responsible for conflict resolution that are relevant to a particular problem.

ADR can be increasingly being done online, known as online dispute resolution (ODR, which is largely a keyword and an effort to create a distinctive product). It should be noted, however, that ODR services can be provided by government agencies, and thus can form part of the litigation process. In addition, they can be provided on a global scale, where no effective domestic solution is available to the disputing party, as in the case of UDRP and domain name disputes. In this case, ODR may not meet the "alternative" element of ADR.

Benefits and disadvantages

ADR has several advantages over litigation:

  • Suitable for multi-party disputes
  • Lower your cost
  • Possibility and speed of settlement
  • Process flexibility
  • Control of party processes
  • Options of the parties forum
  • A practical solution
  • Wider issues can be considered
  • Shared future interests can be protected
  • Confidentiality
  • Risk management

However, ADR is less suitable than litigation when it exists:

  • Needs a precedent
  • The need for a court order
  • Requirement for temporary order
  • The need for real rules
  • Needs for enforcement
  • Power imbalance between parties
  • Quasi-criminal allegations
  • Complexity in case

Modern era

Traditional community mediation always involves the parties that still intersect for most or all of the mediation sessions. Innovation separating parties after (or sometimes before) joint sessions and subsequent processes without parties in the same region is a major innovation and dramatically improves the success rate of mediation.

Traditional arbitration involves the head of the trade union or other dominant authority resolving the dispute. Modern innovation is to have a commercial arbitrator seller, often with little or no social or political domination over the parties. The advantage is that such people are much more readily available. The disadvantage is that it does not involve the community of the parties. When the wool contract arbitration is done by a senior guild official, the arbitrator combines experienced experts on the subject with a socially dominant individual whose patronage, goodwill and opinion are important.

Personal judges and summary judgment trials are cost and time savings processes that have limited penetration as the alternatives become stronger and more accepted.

Maps Alternative dispute resolution



Country-specific examples

Roman Empire

Latin has a number of terms for mediators who preceded the Roman Empire. Whenever there is a formal adjudicative process there seems to be an informal as well. It may not work to try to determine which groups are mediating first.

Iceland

The Njásk saga is the story of Iceland, a highly successful mediator until he finally threatened the local power structure. It ended in tragedy with the unauthorized Njal burning living in his home, the family runaway, the mini-war and the end of the dispute that resulted from the marriage of the two most powerful men to survive. This illustrates that mediation is a powerful process in Iceland.

India

The alternative dispute settlement in India is not new and it is even under the previous Arbitration Act, 1940. The Arbitration and Conciliation Act, 1996 has been enacted to accommodate the UNCITRAL Model's harmonization mandate. To simplify the Indian legal system, the traditional civil law known as the Civil Procedure Code (CPC) 1908 has also been amended and article 89 has been introduced. Section 89 (1) of the CPC provides an option for non-court dispute resolution. This provides that where it appears to the court that there are elements, which can be accepted by the parties, the court may formulate possible terms of settlement and refer the same to arbitration, conciliation, mediation or judicial settlement.

Due to the very slow judicial process, there has been a big push on the mechanism of Alternative Dispute Resolution in India. While the Arbitration and Conciliation Act, 1996 is a fairly standard Western approach to ADR, the Lok Adalat system established under the National Law Service Authority Act, 1987 is a unique Indian approach.

A research on commercial dispute settlement in southern India has been conducted by the think-tank organization based in Kochi, Center for Public Policy Research. The study reveals that the Court's Anniversary Mediation Center in Bangalore has a 64% success rate, and its partners in Kerala have an average success rate of 27.7%. Furthermore, between the three southern states (Karnataka, Tamil Nadu, and Kerala), Tamil Nadu is said to have the highest adoption of Kerala's lowest dispute resolution. Arbitration and Conciliation Act, 1996

Part I of this action formalizes the Arbitration process and Part III formalizes the Conciliation process. (Part II is about Enforcing Foreign Awards under the New York and Geneva Conventions.)

Arbitrage

The arbitration process may only commence if there is a valid Arbitration Agreement between the parties prior to the appearance of the dispute. As per Section 7, such agreements shall be in writing. The contract relating to the dispute exists, must contain an arbitration clause or shall refer to a separate document signed by the parties containing the arbitration agreement. The existence of an arbitration agreement may also be concluded with a written correspondence such as a letter, telex, or telegram which provides a record of the agreement. The exchange of claims and defense statements in which the existence of arbitration agreements alleged by one party and not rejected by the other party is also considered a valid written arbitration agreement.

Any party to the dispute may initiate the process of appointing the arbitrator and if the other party does not cooperate, such party may approach the office of the Chief Justice for the appointment of the arbitrator. There are only two grounds on which a party may challenge the appointment of an arbitrator - a reasonable doubt over the impartiality of the arbitrator and the lack of proper qualification of the arbitrator as required by the arbitration agreement. A single arbitrator or arbitrator panel appointed is an Arbitration Tribunal.

Except for some temporary measures, there is little room for legal intervention in the arbitration process. The arbitral tribunal has jurisdiction over its own jurisdiction. Thus, if a party wishes to challenge the jurisdiction of an arbitration tribunal, it can do so only before the court itself. If the court rejects the request, there are few parties that can be exercised unless it approaches the court after the court makes the decision. Section 34 provides a specific reason where the parties may appeal to the main civil courts of the original jurisdiction to set aside the verdict.

The period for appeals because the award is over, or if the appeal is rejected, the ruling binds the parties and is considered a court decision.

Conciliation

Conciliation is a less formal form of arbitration. This process does not require any prior agreement. Each party may request another party to appoint a conciliator. One conciliator is preferred but two or three are also allowed. In the case of some conciliators, all must act together. If a party refuses an offer to make peace, there will be no conciliation.

The parties may submit a statement to the conciliator explaining the general nature of the dispute and the points in question. Each party sends a copy of the statement to the other. The conciliator may request further details, may request to meet with the parties, or communicate with the parties verbally or in writing. Parties may even submit suggestions for dispute resolution to the conciliator.

When it appears to the conciliator that the elements of the settlement exist, he can draw up the terms of settlement and send it to the parties for their acceptance. If both parties sign the settlement document, it must be final and binding on both.

Note that in the US, this process is similar to mediation. However, in India, mediation differs from conciliation and is a completely informal type of ADR mechanism.

Lok Adalat

Etymologically, Lok Adalat means "people's court". India has had a long history of settling disputes through mediation of village elders. The Lok Adalats system is currently an improvement and is based on Gandhi principles. This is a non-hostile system in which the artificial courts (called Lok Adalats) are held by the State Authority, the District Authority, the Supreme Court Legal Services Committee, the High Court Judicial Committee, or the Taluk Law Services Committee, periodically to exercise jurisdiction as they think fit. These are usually led by retired judges, social activists, or members of the legal profession. It has no jurisdiction on matters relating to non-compliant violations.

While in regular attire, plaintiffs are required to pay a set court fee, at Lok Adalat, no court fees and no rigid procedural requirements (ie no need to follow the process provided by the Civil Code [India] or Indian Proof of Law) , which makes the process very fast. Parties can directly interact with judges, which is unlikely in ordinary courts.

Cases pending in regular courts may be transferred to Lok Adalat if both parties agree. A case may also be transferred to Lok Adalat if one party appeals to the court and the court sees the possibility of a settlement after giving the opportunity to be heard to another party.

Focusing on Lok Adalats is a compromise. When no compromise is reached, the matter goes back to court. However, if a compromise is reached, rewards are made and binding on the parties. It was enacted as a civil court decision. An important aspect is that the verdict is final and can not be appealed, not even under Article 226 of the Indian Constitution [which empowers the plaintiffs to file a Request for Writing before the Court of Appeal] as this is a decision with consent.

All proceedings from Lok Adalat are considered as a judicial process and each Lok Adalat is considered a Civil Court.

Permanent Lok Adalat for public utility services

To address the major shortcomings in the Lok Adalats organization scheme under Chapter VI of the Law of the Legal Services Authority of 1987, where if the parties do not arrive at any compromise or settlement, unfinished cases will be returned to the court parties are advised to seek remedies in court, leading to unnecessary delays in dispensation of justice, Chapter VI A introduced in the Law Services Authority Act, 1987, by Law No.37/2002 with effect from 11-06-2002 providing for Permanent Lok Adalat to deal with pre-litigation, conciliation and dispute resolution relating to the Public Utilities Service, as defined by u/sec.22 A of the Service Authority Service Act, 1987, at the pre- stage of the litigation itself, which will result in lessening the burden regular court work for the most part. Permanent Lok Adalat for Public Utilities Services, Hyderabad, India

The Lok Adalat is led by an officer who sits or retires as chairman, with two other members, usually a lawyer and social worker. There is no court fee. If the case has been filed in a regular court, the fees paid will be refunded if the dispute is resolved at Lok Adalat. Procedural laws, and the Act of Evidence are not strictly followed when assessing the claims benefits by Lok Adalat.

The main condition of Lok Adalat is that both disputants must agree to the settlement. Lok Adalat's decision binds the parties to disputes and orders can be exercised through legal process. There are no appeals that conflict with the Lok Adalat command.

Lok Adalat is very effective in settling money claims. Disputes such as partition settings, damages and marriage cases can also be easily resolved before Lok Adalat as a compromise scope through high giving and receiving approaches in these cases.

Lok Adalat is a boon for litigating public, where they can resolve their dispute quickly and free of cost.

Pakistan

The relevant laws (or salon provisions) dealing with ADR are summarized as below:

  1. S.89-A of the Civil Procedure Code, 1908 (India but amended in 2002) is read by Order X Rule 1-A (dealing with alternative dispute settlement methods).
  2. The Small Claims and Ordinance of the Small Breeding Court, 2002.
  3. Section 102-106 of the Local Government Regulation, 2001.
  4. Sections 10 and 12 of the Family Courts Act, 1964.
  5. Chapter XXII of the Criminal Procedure Code, 1898 (summary of court provisions).
  6. The Arbitration Act, 1940 (India).
  7. Articles 153-154 of the Constitution of Pakistan, 1973 (Common Interest Council)
  8. Article 156 of the Constitution of Pakistan, 1973 (National Economic Council)
  9. Article 160 of the Constitution of Pakistan, 1973 (National Finance Commission)
  10. Article 184 of the Constitution of Pakistan, 1973 (Original Jurisdiction when federal or provincial governments are debating each other)
  11. Arbitration (International Investment Dispute) Act, 2011
  12. Recognition and Enforcement (Arbitration Agreement and Foreign Arbitration Award), 2011

Sub-Saharan Africa

Before modern state law was introduced under colonialism, the African customary law system relied mainly on mediation and conciliation. In many countries, this traditional mechanism has been integrated into the legal legal system. In Benin, specifically the tribunaux de conciliation heard cases on various civil law matters. The results are then forwarded to the first instance court when conciliation is successfully confirmed or the jurisdiction is assumed by a higher court. Similar tribunals also operate, in various modes, in other francophone African countries.

United Kingdom

In the UK, the ADR was encouraged to resolve the taxpayer dispute with the Honorable Customs and Customs.

In regulated sectors, ADR's financial, telecom and energy providers exist. Outside the regulated area there are schemes in many sectors that provide schemes for voluntary membership. Two sets of rules, in March and June 2015, are placed in Parliament to implement the European Guidelines on alternative dispute settlement in the UK.

AS. Navy

SECNAVINST 5800.13A established the Office of DON ADR Program with the following missions:

  • Coordinate ADR policies and initiatives;
  • Help with activities in securing or creating ADR techniques or cost-effective local programs;
  • Promote the use of ADR, and provide training in negotiation and ADR methods;
  • Serves as a neutral legal counsel at the place used for ADR issues; and,
  • For things that do not use in-house neutrals, this program helps DON lawyers and other representatives on issues in the controversy that agree to use ADR.

The ADR Office also functions as a point of contact for inquiries regarding the use of ADRs. The General Advisory Assistant (ADR) serves as "Dispute Resolution Specialist" for DON, as required by the Administrative Dispute Resolution Act of 1996. Office members represent the interests of DON on DoD and interagency working groups promoting the use of ADRs in the Federal Government.

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Additional resources

The Kukin Program of the Cardozo School of Law for Conflict Resolution

Law School kukin Program for Conflict Resolution is a seventh alternative dispute resolution program in the country. The program includes: a course in negotiation, mediation, arbitration and dispute resolution processes; out-of-the-first-applied learning and scholarship in Cardozo's Mediation Clinic and the Securities Arbitration Clinic; the Cardozo Journal of Conflict Resolution, a student-run triannual publishing; Institute for Resolution of Cartographic Disputes; and Certificate in Dispute Resolution, are awarded to J.D students who complete the course, writing and terms of service. LL.M. students may also receive an LL.M. in Dispute Resolution and Advocacy.

Scheinman Institute on Conflict Resolution at Cornell University

Cornell ILR School has joined with Cornell's Law School to present the most comprehensive program of conflict resolution in the country that focuses on workplace alternative dispute resolution (ADR). Martin and Laurie Scheinman Institute on Conflict Resolution's mission is to educate the next generation of neutral - arbitrator, mediator and facilitator - to help resolve disputes between employers and employees, both of association and assembly. The Institute provides training for undergraduate and postgraduate students, consulting and evaluation, and conducting research. It also offers courses in sessions two to five days designed for professionals interested in or training in workplace dispute resolution. Intensive courses and participation is coordinated by the Cornell ILR faculty and are held in the conference center ILR School in Manhattan and on the Ithaca campus. Participants may obtain two certificates, Workplace Dispute Resolution Alternatives, Conflict Management, and Arbitration of Employment.

Dispute Resolution Program School of Fordham Law School

The Fordham Law School Dispute Resolution Program is placed in the top 10 US. News & amp; World Report ' s 2008 ranked the best Dispute Resolution program in the country, according to recently released ratings. Along with Fordham's Clinical Training program, the Dispute Resolution program is a top-rated specialty program at Fordham Law School. The Alternative Dispute Resolution Program at Fordham incorporates an integrated teaching, scholarship, and practice agenda in conflict resolution within national and international communities. In addition to classrooms and clinical experience, Dispute Resolution Organizations managed by law school students compete in inter-school competition sponsored by ABA as well as international mediation and arbitration competitions. In 2008, the Society's teams won the ABA Regional Negotiations Competition, ranked third overall in the Commercial Chamber of Commerce Commercial Competition in Paris, and reached the semifinals of Willem C. Vis (East) Commercial Arbitration Competition in Hong Kong. In addition, the Fordham Dispute Settlement Society held an annual symposium on the current Dispute Resolution topic and also taught classes about dispute resolution skills to seniors at Martin Luther King Secondary School, Jr. in New York City.

Harvard Program on Negotiation

"The Harvard Program on Negotiation (PON) is a university consortium dedicated to developing the theory and practice of negotiation and dispute resolution.As a community of scholars and practitioners, PON serves a unique role in the world's negotiating community.Founded in 1983 as a special research project at Harvard Law School, PON includes faculty, students, and staff from Harvard University, the Massachusetts Institute of Technology, and Tufts University. "Harvard currently offers a 12-week course on negotiation and mediation for participants from all disciplines and professions as well as weekend seminars taught by their professors. The Harvard PON program is currently ranked # 3 which fell from rank 2 last year according to US World and News Reports, and has remained among the top 10 schools over the last decade.

Straus Institute for Dispute Resolution

The Straus Institute for Disputes Settlement, the Faculty of Law of Rodrigo University, provides professional training and academic programs in dispute resolution including Certificate, Master in Dispute Settlement (MDR) and Master in Law in Dispute Resolution (LLM). Straus provides education to law and graduate students, as well as mid-career professionals in the fields of mediation, negotiation, arbitration, international dispute settlement and peace. The Straus Institute is ranked number one of the School of Dispute Settlement in the country by US News and World Report.

CALY Dispute Resolution Consortium

The University of New York Dispute Resolution Consortium (CUNY DRC) serves as the intellectual home for faculty, staff, and student dispute settlements at City University of New York and the diverse community of dispute resolution in New York City. In the largest urban university system in the United States, DRC CUNY has become a focal point for advancing academic and applied conflict resolution work in one of the most diverse cities in the world. DRC CUNY conducts research and development of innovative programs, has hosted countless conferences, sponsored training programs, solved various unresolvable conflicts, published research papers and newsletters. It also maintains a broad database of those interested in dispute settlement in New York City, a website for resettlement resources in New York City and since 9/11, CUNY DRC took over the leadership role for dispute settlement in New York City by building an extensive electronic mailing list, sponsoring monthly breakfast meetings, conducting research on disaster response, and managing public awareness initiatives to resume dispute resolution work.

CPR Institute for Dispute Resolution

The International Institute for Conflict Prevention and Resolution, known as the CPR Institute, is a New York City-based nonprofit organization that "promotes excellence and innovation in public and private dispute resolution". For this purpose, it serves as "a major multinational resource for business-related avoidance, management, and dispute resolution".

The CPR Institute was established in 1979 as a Public Resource Center by a leading general corporate advisory coalition dedicated to identifying and implementing suitable alternative solutions for business disputes, thereby reducing the extraordinary costs of long courts. Today, the CPR Institute is a nonprofit educational company existing under the laws of New York State, and exempt from tax in accordance with Section 501 (c) (3) of the U.S. Internal Revenue Code It is governed by the board of directors, and its priorities and policies are guided largely through consultation with the executive advisory committee. Funding mainly comes from the annual contributions of its member organizations, and from its mission-related programs. The various operations and activities that fulfill the mission of the Institute are captured in the acronym of his name:

C: CPR conducts legal and business leadership to develop, and encourages exchange, best practice in avoiding, managing, and resolving disputes.
P: CPR publishes its own work and other like-minded organizations, making resources available to the global community of troubleshooters.
R: CPR helps resolve complicated disputes between sophisticated parties, by developing rules, protocols and best practices, and by providing conflicting resources and consultation skills in choosing appropriate and neutral methods to assist in the dispute resolution process.

ICAR

Founded in George Mason as an alternative to the sociology program because of Virginia's policy then against duplication of graduate school, it is the nation's first major post-dispute resolution program. This has been a huge success.

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See also

  • conflict resolution research
  • Creative Peacebuilding
  • Family therapy
  • National Academy of Arbitrators
  • Ombudsman
  • Community Arbiter Construction
  • Teenage court
  • Turnaround ADR

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References


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Further reading

  • Lynch, J. "ADR and Beyond: A System Approach for Conflict Management", Journal of Negotiation, Volume 17, Number 3, July 2001, Volume, p.Ã, 213.
  • Gary Born. "International Commercial Arbitrage" (2009 Kluwer).
  • William Ury, Roger Fisher, Bruce Patton. "Getting to Yes" (1981 Penguin Group).

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External links

  • European Mediation Training for Justice Practitioners - EMTPJ
  • Parties led by the Parties: Facilitating Inter-Individual Dialogue by Gregorio Billikopf, download the free full PDF of the book, at the University of California (3rd ed., posted March 24, 2014)
  • Parties led by the Parties: Facilitating Inter-Individual Dialogue by Gregorio Billikopf, downloading the complete book for free, from the Internet Archive (3rd edition, various file formats including PDF, EPUB, and others)
  • ADR International List: Enrollment and ISO-based certification for ADR practitioners such as arbitrators, conflict trainers, mediators and negotiators.
  • ^ "Professional certified and registered ADR practitioners - ADR list". www.adr-register.com . Archived from the original on January 18, 2016 . Retrieved October 11 2015 .

Source of the article : Wikipedia

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