Financial services have a very significant impact on and meaning to the daily life and welfare of consumers. The spectrum of these types of services is very broad, and their regulation is also changing both at EU and national (Member State) level. In order to implement the main or the most relevant EU level goals, such as high level consumer rights protection, consumer trust in business sector, proper and effective functioning of the EU internal market it is essential to ensure (...) clear and sufficient legal regulation, establish responsibility of the services providers, consumer rights and duties as well as promote, seek for the more effective, faster and cheaper ways of solving consumer and business sector disputes. The authors of this article support the idea that the abovementioned goals can be achieved by close and more fruitful cooperation between the EU and national competent authorities, participation in various ad hoc expert working groups, committees or EUwide networks, such as FIN-NET. This article reflects general ideas about the problems arising in the financial consumer services sector, the activity of the EU and national institutions, seeking to ensure fair and transparent provision of such services to consumers, analysis of alternative dispute resolution (hereinafter – the ADR) methods and the good practice of their application in the EU Member States. This article highly supports the application of alternative, nonjudicial procedures and broader application of the means of selfregulation, such as codes of conduct. (shrink)

Energy services have a particularly significant impact on the daily life and welfare of consumers. The importance of such services is high, and their regulation is also changing both at the EU and Member States level, especially after the adoption of the Third Energy Package1, which is focused on improving the operation of retail markets to yield real benefits for both electricity and gas consumers. In order to implement the main or the most relevant goal of the EU, such as (...) high level of consumer rights protection, resulting in consumer trust in business sector, proper and effective functioning of the EU internal market etc., it is essential to ensure clear and sufficient legal regulation, establish responsibility of the services providers, consumer rights and duties as well as promote more effective, faster and cheaper ways of solving consumer and business disputes. The authors of this article feel the lack of scientific analysis on this issue. Despite its importance, discussions take place at political or practical level, but no recent analyses exist as to why energy services sector is so fragmented and how it affects different conditions or rights of consumers in various Member States. This article also clearly supports the idea that the above-mentioned goals can be achieved by close and more fruitful cooperation between the EU and national competent authorities, participation in various ad hoc expert working groups and committees, such as the Vulnerable Consumers Working Group. This article reflects general ideas about the problems arising in the energy consumer services sector, the activity of the EU and national institutions, seeking to ensure fair and transparent provision of such services to consumers, it also contains an analysis of alternative dispute resolution (hereinafter – the ADR) methods and good practice of their application in the EU Member States. This article highly supports the application of alternative procedures in the field of energy services and sees them as a possibility to minimise increasing consumer problems, e.g. a new phenomenon – consumer energy poverty in the EU, which is defined as the situation where a household is unable to access a socially and materially necessitated level of energy services at home and pay for the provided services. (shrink)

(1991). Alternative dispute resolution and social science. Social Epistemology: Vol. 5, Social epistemology of the law, pp. 26-29. doi: 10.1080/02691729108578594.

Land is a constitutional issue in Ethiopia. Article 40 of the FDRE constitution enshrines governing provisions about rural and urban land. Legislation power is given to the federal government (Article 51(5) of the constitution) although this power can be delegated to regions (Article 50(9) of the same constitution). In contrast, administration power is allocated to regions (Article 52 (2(d)) of the constitution). The federal government has enacted the Rural Land Administration and Use Proclamation 456/2005. Both federal and regional land laws (...) have Alternative Dispute Resolution clauses. However, the opportunities and challenges of these clauses from the access to justice perspective are not studied very well. The main objective of this paper is to assess the legal framework and practice of ADR mechanisms in the rural land administration system from the access to justice perspective and come up with a policy option. Doctrinal type of legal research is applied where it involves theory testing which deals with studying existing laws (both federal and regional laws). In addition, both primary and secondary sources have been used. Primary qualitative data was collected through semi-structured interviews. The study found that there are legal constraints. One significant legal constraint is the requirement for mandatory mediation in certain regional states before seeking recourse in a court of law. Mediation is not clearly and uniformly applied per the law and in practice (often the practice and legal framework confuse mediation with arbitration, inappropriately giving decision-making powers to mediators, and turning them into arbiters). Women and Vulnerable Groups are generally more negatively affected by the overreaching of mediators into decision-making, because the mediators are more easily influenced by the party opposing women and Vulnerable Groups, and/or the mediators are culturally biased. This study recommends that mediation should be made optional, where mediators are chosen by the parties and the legal framework is clear that the role of the mediators does not involve imposing decisions. For Oromia and SNNPR, the legal regime of mediation should be clarified to avoid confusion with the arbitration. It is necessary to train community-level mediators in the law and the protection of land rights of Vulnerable Groups against gender discrimination. (shrink)

“Any bad settlement,” the wise patent litigator Elmer S. Albritton once observed, “is better than a good lawsuit.” Given the notorious strain of court proceedings and the recognition that settlement does not always prove attainable, a popular movement has recently arisen in favor of “alternative dispute resolution” . Indeed it has seemed to many who have participated as committee members, witnesses, or respondents in scientific misconduct cases that there ought to be some method of resolving such matters (...) that is less vexing than traditional adjudication. (shrink)

Speed, flexibility, negotiated control of outcomes, savings and absence of future enmity. Why lose all this in litigation when a new user‐friendly alternative is on the increase? The author is Chief Executive of the Centre for Dispute Resolution , 7 St. Katharine's Way, London E1 9LB, and Special Professor in ADR in the University of Birmingham, England.

Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (“renta-judge”), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.

The purpose of this paper is to integrate and analyze the research findings of previous studies dealing both directly and tangentially with the strategic ethical issues involved in alternative dispute resolution procedures and systems found in nonunion employment. Particular attention will be given to one of the most significant issues in this area at the operating and tactical level of individual companies: the procedural techniques with respect to the processing of the complaints and grievances of employees in (...) nonunion companies and firms. The paper concludes with policy recommendations for managers and recommendations for future research. (shrink)

The purpose of this article is to examine the feasibility and working of the conciliatory means for settlement of intellectual property disputes in Jordan. Arbitration is the principal mechanism used.

Electronic commerce is important, and perhaps, inevitable. Thus, to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of Online (...) class='Hi'>Alternative Dispute Resolution (OADR) can maximize the growth of e-commerce. (shrink)

Despite tributes paid to Fuller as an intellectual father of ADR, little attention has been paid within the ADR field to the broader interactionist vision that underlies Fuller’s discussion about process. A closer reading of Fuller’s study of mediation, however, reveals that he intended that study to substantiate his interactionist thesis about the nature of social ordering. He understood ordering to be generated by and to reflect a particular experience of social interaction. Fuller’s interactionist vision recognizes the creative, choice-making and (...) purposive dimensions of human reality, emphasizes participation as a normative criterion for institutional design, and gives rise to a pluralistic notion of power arrangements. It appears in Fuller’s thinking about process as a kind of dialectic and integrative mindset that pervades his means-ends analysis, functional analytical approach and his emphasis on institutional design. This interactionist vision has particular relevance for the practice and research of ADR, for example, in helping to develop a more integrative approach to process pluralism. (shrink)

Consumer disputes and their nature are changing very fast every day. E-commerce is promoted by the all relevant stakeholders such as European Commission, consumers associations, competent institutions, and business sector in order to achieve the main present goal—consumer confidence in business and full functioning of the internal EU market. Here the third parties are important—trade partners from all over the word. There is no legal relation or actions between disputes and searching for the most convenient, fast, cheap and comfortable. Because (...) of that, this article sets out general views on online transactions and consumer protection in the context of e-commerce and possible online dispute resolution means. The authors of this article are chiefly concerned about legal uncertainty and the jurisdiction as well as applicable law in business-to-consumer (B2C) e-commerce. Online dispute resolution or in other words it is called the ODR is seen as a possibility to solve these barriers in dispute resolution using technology to facilitate the resolution of disputes between parties primarily involving negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution. However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process. (shrink)

In this paper we show how dialogue-based theories of argumentation can contribute to the construction of effective systems of dispute resolution. Specifically we consider the role of persuasion in online dispute resolution by showing how persuasion dialogues can be functionally embedded in negotiation dialogues, and how negotiation dialogues can shift to persuasion dialogues. We conclude with some remarks on how persuasion dialogues might be modelled is such a way as to allow them to be implemented in (...) a mechanical or computerized system of dialogue or dialogue management. (shrink)

Out-of-court proceedings or alternative dispute resolution (ADR) is a peaceful, voluntary alternative method for settling disputes without litigation in the court. ADR institutions usually use a third party to help the consumer and the trader reach a solution. The main purpose of this article is to share the main insights and experience about the out-of-court proceedings in various countries and present main trends of ADR development. First of all, in this article, ADR is presented and its (...) main advantages or disadvantages, main reasons of its origin are outlined. For example, ADR institutions are indeed a low-cost and quick alternative for consumers to settle disputes with businesses. These are the main reasons why ADR originated and developed so fast in the United States of America. Secondly, it is important to analyse various definitions used to describe ADR and its characteristics, because it is a very complicated and complex phenomenon. ADR and the principle of legal accessibility are also very closely related issues which are deeply analysed in this article. (shrink)

Alternative dispute resolution (ADR) is a collective noun for all kinds of alternative methods to formal dispute resolution. Business ethics attempts to theorize the different forms of normative coordination of corporate acts that remain within the lifeworld and outside the formal sphere of the legal system. In this context, business ethics could offer a positive approach to ADR, as ADR would be an effective, practical form of casuistry ethics. In this manner, concrete conflicts of (...) interest and disagreements between economic actors could be resolved based on moral intentions and moral validity claims. This approach of ADR through business ethics is confirmed by many articles in business ethical journals. In two important aspects, namely justice and autonomy, law is contrary to ethics. ADR lacks exactly these ethical characteristics; thus the idea that ADR belongs to the discourse of business ethics is misleading. This article will argue that ADR is not in the realm of the ethical, but in the realm of the legal. This critical analysis of ADR will show a deeper dimension in the relationship between business ethics and law, namely the systematic colonization of ethical methods by law. (shrink)

This article introduces the concept of alternate dispute resolution, and discusses its baseline measure and comparison process. Empirical research on ADR falls into two categories, empirically descriptive work and empirically comparative work. Litigation varies across legal systems and changes through time, just as does ADR. Many studies have documented and described patterns of uses of particular forms of dispute resolution. These studies are designed to explore variations of behavior or outcomes within a particular process. Several commentators (...) have observed that formal litigation and various forms of ADR, such as, mediation, private adjudication-arbitration, and other hybrid forms compete with and affect each other. Recent extensions of ADR suggest that the domain of dispute-resolution research is far more capacious than assessing how disputes are managed in lawsuits or courts. (shrink)

The frustration in Polish society arising from excessive costs of conducting court proceedings and lengthy delays for dispute resolution has resulted in a genuine limitation in access to judicial justice for citizens. This paper argues that the answer to the dilemma between ensuring both justice and efficiency lies in language being a tool for the active participation of the parties in building mutual trust and shaping solutions in conflictual circumstances. How should the postulate of effective communication leading to (...) dispute resolution in modern justice be achieved? The authors present the advantages of oral communication in proceedings on the way to finding agreement, pointing out the content and quality of language that make dispute resolution possible. (shrink)

Out-of-court proceedings or alternative dispute resolution (ADR) is a peaceful, voluntary alternative method for settling disputes without litigation in the court. ADR institutions usually use a third party to help the consumer and the trader to reach a solution. The main purpose of this article is to share the main insights and experience about the out-of-court proceedings in various countries and European Union Member States, to discuss the most important problems concerning ADR and propose possible solutions (...) of these problems. First of all, in this article, ADR is presented and its main advantages are outlined. For example, ADR institutions are indeed a low-cost and quick alternative for consumers for settling disputes with businesses. ADR mechanisms are highly diverse. There are public and private institutions as well as institutions established on the basis of cooperation between the public sector and the industry or consumer organizations and the industry. Although there is a high correlation between the nature of the institution and the funding, i.e. private institutions are usually financed by the industry and public institutions by public funds, ADR bodies established by public law can also be financed by the industry (especially in highly regulated markets). In the majority of the institutions, the participation of the industry in the ADR procedure is voluntary. (shrink)

Online dispute resolution (ODR) is an alternative to traditional litigation that can both significantly reduce the disadvantages suffered by litigants unable to afford an attorney and greatly improve court efficiency and economy. An important aspect of many ODR systems is a facilitator, a neutral party who guides the disputants through the steps of reaching an agreement. However, insufficient availability of facilitators impedes broad adoption of ODR systems. This paper describes a novel model of facilitation that integrates two (...) distinct but complementary knowledge sources: cognitive task analysis of facilitator behavior and corpus analysis of ODR session transcripts. This model is implemented in a decision-support system that (1) monitors cases to detect situations requiring immediate attention and (2) automates selection of standard text messages appropriate to the current state of the negotiations. This facilitation model has the potential to compensate for shortages of facilitators by improving the efficiency of experienced facilitators, assisting novice facilitators, and providing autonomous facilitation. (shrink)

Mediation is a process in which two parties agree to resolve their dispute by negotiating over alternative solutions presented by a mediator. In order to construct such solutions, the mediator brings more information and knowledge, and, if possible, resources to the negotiation table. In order to do so, the mediator faces the challenge of determining which information is relevant to the current problem, given a vast database of knowledge. The contribution of this paper is the automated mediation machinery (...) to resolve this issue. We define the concept of a Mediation Problem and show how it can be described in Game Description Language. Furthermore, we present an algorithm that allows the mediator to efficiently determine which information is relevant to the problem and collect this information from the negotiating agents. We show with several experiments that this algorithm is much more efficient than the naive solution that simply takes all available knowledge into account. (shrink)

Under the WTO’s dispute settlement procedures, a party that has been injured by a scofflaw state’s failure to comply with its trade obligations may retaliate against the scofflaw state by withdrawing equivalent trade concessions. Legal and economic commentators generally view retaliation as an economically perverse strategy for enforcing freetrade norms. This Article explores an alternative explanation, arguing that retaliation may provide the optimal enforcement mechanism for trade liberalization given the prevalence of low compliance incentives and high enforcement costs (...) in international cooperation agreements. The Article argues that retaliation is superior to other remedial options because it enables an injured state to inflict maximum political costs on the scofflaw state by mobilizing powerful export groups in the scofflaw state against protectionist policies. Furthermore, this Article shows how the presence of significant protectionist groups in the injured state, which stand to benefit from retaliatory measures, also improves the injured state’s ability to commit to retaliation. Even if states have asymmetric preferences about protectionist policies, retaliation threats can still be credible since there is uncertainty about each state’s retaliation costs. Finally, the Article concludes that contrary to the conventional wisdom, the substantial role of uncertainty in this model indicates that specific performance, and not compensation, ought to be the goal of the WTO’s enforcement mechanism. (shrink)

BackgroundDisputes over authorship are increasing. This paper examines the options that researchers have in resolving authorship disputes. Discussions about authorship disputes often address how to prevent disputes but rarely address how to resolve them. Both individuals and larger research communities are harmed by the limited options for dispute resolution.Main bodyWhen authorship disputes arise after publication, most existing guidelines recommend that the authors work out the disputes between themselves. But this is unlikely to occur, because there are often large (...) power differentials between team members, and institutions (e.g., universities, funding agencies) are unlikely to have authority over all team members. Other collaborative disciplines that deal with issues of collaborative creator credit could provide models for scientific authorship. Arbitration or mediation could provide solutions to authorship disputes where few presently exist. Because authors recognize journals’ authority to make decisions about manuscripts submitted to the journal, journals are well placed to facilitate alternative dispute resolution processes.ConclusionRather than viewing authorship disputes as rare events that must be handled on a case by case basis, researchers and journals should view the potential for disputes as predictable, preventable, and soluble. Independent bodies that can offer alternative dispute resolution services to scientific collaborators and/or journals could quickly help research communities, particularly their most vulnerable members. (shrink)

Mediation is an alternative dispute resolution process that is becoming more and more popular particularly in English-speaking countries. In contrast to traditional litigation it has not benefited from technological advances and little research has been carried out to make this increasingly widespread practice more efficient. The study of argumentation in dispute mediation hitherto has largely been concerned with theoretical insights. The development of argumentation theories linked to computational applications opens promising new horizons since computational tools could (...) support mediators, making sessions quicker and more efficient. For this, we need tools for close analysis of mediation discourse in order to explore the argumentative activity in depth, and ultimately get an accurate image of how dialogues unfold in this particular context. This paper therefore aims at laying the foundations of a theory of close analysis for discourse in dispute mediation. Theories provided by the literature serve as a basis for argumentative analyses of transcripts of mediation sessions in order to deliver a clear image of the argumentative structure. Analyses of the argumentative strategies in mediation discourse will allow for the development of a dialogue protocol that can be used to develop operational models which can be embodied in software to help make the mediation process easier and more effective. (shrink)

This article deals with an analysis of mediation practice in disputes between public authorities and private parties based on examples of the application of different types of mediation in administrative disputes in France, the United Kingdom and Belgium . The application of mediation in countries under consideration is investigated through the evaluation of legal acts related to the subject and through the assessment of available official data provided by relative institutions. The historical development of the application of mediation and the (...) significance of the application of mediation in the administrative sphere in Lithuania are considered as well. (shrink)

In this article the main features and development trends of mediation as an alternative dispute resolution method are analyzed in the legal environment of the Republic of Lithuania. Mediation is analyzed as one of the primary informal alternative dispute resolution processes during which the third neutral, which is not authorized to take a decision during negotiations, helps the parties solve their dispute and the main aim of this process is the peaceful resolution (...) of the dispute and the renewal of social peace between parties. In order to create favourable legal environment for the implementation of mediation process, it is necessary to consolidate the main requirements for the mediation process: requirements for confidentiality, responsibility of mediators, legal power of conciliatory agreements, etc. In this article the legal regulation of mediation in the Republic of Lithuania is described as well. (shrink)

A driving force behind the evolution of the stakeholder concept is the potential of negative outcomes for an organization as the result of conflict between that organization and its stakeholders. Where conflict does arise between an organization and stakeholder how might it be resolved in a manner compatible with stakeholder theory? Applying feminist ethical theory as a theoretical basis for stakeholder theory, mediation provides an appropriate process for resolving such disputes in comparison to traditional adversarial strategies. This paper discusses the (...) attributes of mediation, and its potential benefits as a method to resolve disputes between businesses and their stakeholders. (shrink)

This article analyses one of the variations of classic mediation,64 which is mandatory mediation. In foreign countries mandatory mediation is often used as a tool to encourage the use of mediation and to popularize this method of alternative civil dispute resolution. Started in 2005, mediation faces difficulties in Lithuania. Thus, making mediation mandatory at least in certain categories of disputes could give new impetus to the development of mediation in Lithuania. Therefore, the article deals with the concept (...) of mandatory mediation, analyses experience of foreign countries in the field of mandatory mediation, deals with practical problems while implementing mandatory mediation and presents a review of arguments for and against mandatory mediation. On the basis of a study performed, the author of the article submits proposals for the introduction of mandatory mediation in the Lithuanian legal system. In this article mandatory mediation is defined as a form of mediation where the parties are directed to use mediation by judge or by law. Mandatory mediation can also be imposed on the parties by procedural and economic sanctions against parties for the unjustified refusal to use mediation. In all cases, the main condition for the application of mandatory mediation is the right of the parties to the dispute to go to court. Under this condition, mandatory mediation for its expected social and economic benefits is not considered to be an obstacle to access justice. The practice of foreign countries that implemented mandatory mediation shows that drastic imposition of mandatory mediation naturally induces rejection. Thus, consistent, systematic, based on the results of the interim analysis of the gradual introduction of mandatory mediation, starting with certain categories of disputes particularly susceptible to the effects of mediation is necessary. The author of the article proposes to promote mediation in Lithuania by introducing mandatory mediation for at least certain categories of disputes. The introduction of mandatory mediation in Lithuania could be started from the family disputes including interests of children. At a later stage it is possible to decide on the feasibility of application of the mandatory mediation for other categories of disputes, as well (e.g., labour, small sum property disputes, disputes between relatives and neighbours, etc.). In order to encourage not only the parties to use mediation, but also judges to direct parties to mediation, it would be appropriate to introduce mandatory mediation by the law (the Civil Procedure Code of the Republic of Lithuania) that would have an exemption provision to allow a party to petition the court for good cause to be exempt from the referral to mediation. (shrink)

This article starts with a brief historical account of the ongoing debate about the status of clinical ethics: theory of practice. The author goes on to argue that clinical ethics is best understood as a practice. However, its practicality should not be measured by the extent to which clinical-ethical consultants manage to mediate or negotiate resolutions to ethical conflicts. Rather, clinical ethics is practical because it is characterized by a profound concern for the well-being of individual patients as well as (...) the moral parameters of swift and urgent medical action in the face of limited supportive information. (shrink)

This article examines the relationship between online dispute resolution (ODR) and trust. We discuss what trust is, why trust is important, and how trust develops. Our claim is that efforts to implement online dispute resolution on a site or service in a manner that promotes trust need to consider ODR as just one tool in a broader toolbox of trust-building tools and techniques. These techniques are amongst others marketing, education, trust seals, and transparency. By evaluating ODR (...) in its proper context as one component of a larger trust strategy, we can more accurately set expectations for its results and position our projects for success. (shrink)

As an alternative dispute resolution procedure, Domain Name Arbitration addresses not only contentions regarding the ownership of web pages, but also infringements of the Intellectual Property law such as cyber squatting or Internet piracy. In this spirit, panelists of the World Intellectual Property Organization enact law in accordance with what the involved parties provide them as burden of proof. Following this line of thought, we can assume that one party may remain unrepresented when it is not able (...) to accomplish legal procedures successfully. Nevertheless, does this kind of asymmetry always function in the way that we presume? This paper sets out to study how WIPO panelists tackle knowledge asymmetries when being manifested in Domain Name Arbitration. In particular, this paper concentrates on comparing two Domain Name Arbitration processes in which knowledge asymmetries play a significant role in the panelist’s final-and legally binding- decision. This analysis also examines how specific text-internal features give us a hint of unbalanced relationships between the Complainant and the Respondent of a Domain Name Arbitration process. It endeavors, thus, to understand how lexical, rhetorical-grammatical and discursive features work within discourse and may reach to influence the communicative act itself. Following Vijay K. Bhatia’s critical discourse analysis as main theoretical framework, this paper tries to comprehend the role asymmetries play in enacting Domain Name law. (shrink)

The transformative effects of alternative dispute resolution (ADR) practices and processes in Australia are wide spread and far reaching. The move away from adjudication affects legal institutions, legal practitioners and the judiciary. As lawyers play a key role in the administration of justice, the transition to ADR transforms many areas of legal practice. This article considers the rise of ADR in Australia in the non-criminal law context, the manner in which ADR changes the way in which law (...) is practised, and the associated ethical challenges confronting the legal profession. (shrink)

In 2018, three journalists accused one of the Members of the Russian Parliament of harassment at workplace. Many influential persons of the Russian elite engaged themselves in the public discussion of the conflict. We studied that high-profiled discussion using a hybrid method merging human- and logic-oriented approaches in argumentation studies. The method develops ideas of the new dialectics, the argumentation logic and the logical-cognitive approach to argumentation, on which is based the algorithm for determining of dispute resolution by (...) aggregating formal and informal tools of analysis. We have reconstructed the discussion as two disputes about questions A and B. A: Did the MP violate the code of conduct by making statements or actions against the journalists? B: Are actions like the behavior of the MP harassment? The opinions of the discussion participants were grouped into the four points of view: A1 – the MP did not violate the code of conduct, A2 – the MP violated the code of conduct, B3 – the actions are not harassment, B4 – the actions are harassment. We mapped arguments in support or against each of them using OVA software, evaluated the arguments with the help of the critical questions, a tool proposed in the new dialectics, and determined the ultimate A + B resolution by applying of the algorithm that combines elements of gradual and labelling semantics from the argumentation logic and the classification of disputes from the dialectical approaches. The resolution was a subset of four arguments that ensured the victory of A1+B4. However, the substantial incompatibility of those arguments highlighted a deep disagreement, an unresolvable difference of opinion, between the parties about the permissibility of courtship. The deep disagreement, a bonus result yielded by the application of the hybrid method, excluded the interpretation of the determined resolution as convincing for the parties, but pointed out a way to smooth the difference of opinions by elaborating of legal, social and moral aspects of the problem of harassment at workplace. (shrink)

This article focuses on the effects of nonbinding recommendations on bargaining outcomes. Recommendations are theorized to have two effects: they can create a focal point for final bargaining positions, and they can decrease outcome uncertainty should dispute persist. While the focal point effect may lower dispute rates, the uncertainty reduction effect is predicted to do the opposite for risk-averse bargainers. Which of these effects dominates is of critical importance in the design of alternative dispute resolution (...) (ADR) procedures, which are increasingly utilized in a variety of settings. We theoretically examine the effects of recommendations on the contract zone using a framework which allows bargainers’ final positions to influence a binding outcome should negotiations fail. This provides a more stringent test of focal points than previously considered. We also present data from controlled laboratory experiments consistent with our model. Recommendations are empirically shown to influence final bargaining positions and negotiated settlement values. In fact, recommendations significantly reduce dispute rates, even where they are completely ignored in final-stage arbitration. This highlights a potentially significant role for the use of nonbinding procedures, such as mediation, as a preliminary stage in more efficient ADR procedures. (shrink)

International dispute resolution in general and international arbitration, in particular, is highly affected by the emergence and fast development of innovation-driven technologies. On the one hand, such technologies are cost and time-effective. To name a few, they allow online filing of a case, collecting of e-evidence and remote hearings, among others. On the other hand, they also may lead to some challenges that need to be addressed. The primary concerns comprise e-arbitration agreements and e-awards, as well as cybersecurity (...) and data protection. Therefore, this begs the question of whether such new technologies will significantly impact the dispute resolution landscape and thus become a game-changer therein. This analysis leads to the conclusion that the emergence of new technologies provides an opportunity to establish a long-lasting new standard for international arbitration. (shrink)

In the absence of effective judicial remediation mechanisms after business-related human rights violations, companies themselves are expected to establish remediation procedures for affected victims and communities. This is a challenge for both companies and victims since comprehensive company-based grievance mechanisms are currently missing. In this paper, we explore how companies can provide effective remediation after human rights violations. Accordingly, we critically assess two different approaches to conflict resolution, alternative dispute resolution and restorative justice, for their potential (...) to provide dialogue-based, non-judicial remediation. We argue that remedy through agreement-driven ADR mechanisms risks marginalizing the interests and concerns of victims and affected community members, particularly in weak institutional contexts. Hence, we develop a dialogue-driven framework for corporate remediation of human rights violations grounded on RJ principles. This restorative framework provides a comprehensive CGM that focuses on the harms and needs of victims and aims at restoring justice through restorative dialogue. Based on a prompt discovery and a thorough investigation of the grievance, companies should design and prepare the remediation process together with victims, offenders and affected community members. Through restorative dialogue with the affected parties about the circumstances and impacts of the wrongdoing, companies can repair the harm, regain legitimacy amongst stakeholders as well as transform their business practices to avoid future human rights violations. (shrink)

Freedom of association for trade union has been generally accepted as part of basic human rights in Islam. Freedom of association, which include the right to join and participate in trade union activities, can be susceptible to disputes between employers and employees as well as trade unions. Islam provides freedom of association in labour relations and also mechanisms to settle disputes pertaining to such freedom. Conciliation (sulh) and arbitration (tahkim) are both used methods in the inception of Islam, which have (...) similarities with the modern sense. We shall discuss in this article the right to dispute resolution between employers and trade unions in the context of freedom of association in labour relations as based on Shari’ah law and using modern legal systems of Islamic countries such as Iran, Malaysia and Saudi Arabia as examples. (shrink)

Introduction -- Defamation Criteria: Fact or Value? -- The Elusive Distinction between Fact and Opinion -- Defamation and Freedom of Expression -- Conclusion -- 10 Conclusion: A Unifying Prescription -- Introduction -- Socialist Positivism -- Critical Legal Positivism -- Feminist Positivism -- Alternative Dispute Resolution -- Conclusion -- Bibliography -- Index.

Ethical challenges that arise within healthcare delivery institutions are currently categorized as either clinical or organizational, based on the type of issue. Despite this common binary issue-based methodology, empirical study and increasing academic dialogue indicate that a clear line cannot easily be drawn between organizational and clinical ethics. Disagreement around end-of-life treatments, for example, often spawn value differences amongst parties at both organizational and clinical levels and requires a resolution to address both the case at hand and large-scale underlying (...) system-level confounders. I refer to issues that contain elements of both clinical and organizational issues as hybrids and propose a new taxonomy to characterize hybrid cases. I contend that salient contextual features of an ethical issue, such as where it is identified, who it impacts and where it is ideally resolved in relation to its scope of impact, should inform procedure. Implementation of a Hybrid taxonomy viewing ethical issues as existing on a continuum furthers that end. The primary goals are to 1) systematize thinking about ethical issues that arise within healthcare delivery institutions and 2) allow the content of the ethical challenge to drive the process, rather than continuing to rely on the traditional binary issue-based choice. Failure to capture the complexity of hybrid situations perpetuates incomplete information and ultimately an inchoate resolution that creates more questions than answers. (shrink)

Cutting a cake, dividing up the property in an estate, determining the borders in an international dispute - such problems of fair division are ubiquitous. Fair Division treats all these problems and many more through a rigorous analysis of a variety of procedures for allocating goods, or deciding who wins on what issues, when there are disputes. Starting with an analysis of the well-known cake-cutting procedure, 'I cut, you choose', the authors show how it has been adapted in a (...) number of fields and then analyze fair-division procedures applicable to situations in which there are more than two parties, or there is more than one good to be divided. In particular they focus on procedures which provide 'envy-free' allocations, in which everybody thinks he or she has received the largest portion and hence does not envy anybody else. They also discuss the fairness of different auction and election procedures. (shrink)

To prevent domains from cyber-piracy, the WIPO offers private and confidential procedures tasked to address the legitimate use of a domain name. WIPO domain name arbitration consists of an alternative dispute resolution process in which one or more panelists make a binding decision over the legitimacy of a domain. This article investigates the structure of the discourse of this professional genre. Following Maley, this study focuses, first, on spotting the generic moves of WIPO domain name arbitration decisions. (...) Second, the analysis unveils patterns shaping WIPO domain name arbitration decisions, hence exploring how discursive features work within this specialized discourse. Third, it examines whether corpus data reveal that this type of professional discourse has entered into a process of standardization. The study is based on Bhatia’s multi-perspective four-space model of discourse. This analytical framework emphasizes a multidisciplinary and multidimensional perspective which highlights that discourse is indistinguishable from constructing reality. (shrink)

Lawyers’ practice in mediation is changing with the widespread use of processes other than litigation, and in this context, referred to as the alternative dispute resolution (‘ADR’) options in cour...

Building upon an ethnographic exploration of the pedagogy and alternative dispute resolution activities of an Islamic feminist movement in India called the Indian Muslim Women’s Movement, this article speaks to the tension between Saba Mahmood’s influential account of religion and gendered agency, and a liberal feminist conception of gender equality. Anthropological explorations of Muslim women’s pious commitments as well as liberal feminist engagements with religion and culture are premised upon a presumed dichotomy between ethical engagements with religion, (...) and a commitment to gender equality. Yet there is little analysis in existing scholarship of how gender equality is constituted by social movements premised on a religious identity, such as Islamic feminist movements. This article moves beyond thinking about gender equality merely as an abstract liberal normative good to explore how the discourse of gender equality is constituted in a movement that brings together everyday ethical commitments inspired by notions of piety and concerted everyday struggles against social and legal inequality. The ethnographic vignettes show how gender equality connotes social and legal equality between men and women premised on their equal spiritual status as God’s creations, their equal pious obligations irrespective of gender and the equal imperative of ethical conduct on both men and women based on Quranic values of compassion and justice. The pursuit of gender equality also entails reinterpretation of social norms in the light of ethical conduct, and an ethical commitment to collective struggle against gender discrimination in state and non-state forums. (shrink)

British courts have adjudicated dozens of medical futility disputes over the past 10 years. Many of these cases have involved pediatric patients. All these judgements are publicly available in searchable legal reporters. And most were covered by the print or broadcast media.1 Yet, as noted by Dressler, none of these earlier cases received even a fraction of the public or scholarly attention that Charlie Gard has received. One might assess the Gard case from two different perspectives. At one level, the (...) Gard case is not unique. It is merely the n+1 medical futility dispute decided by the British courts. Admittedly, the Gard case has a much higher profile than earlier cases. But it announced no new rules or principles. It merely focused a spotlight on an already well-established process for resolving medical futility disputes. However, from another perspective, the Gard case is distinctive in at least five ways from other medical futility cases decided by the British courts. Because these unique features illustrate the limits or weaknesses of current rules and principles, they allude to potential improvements in the dispute resolution process. The papers in this special issue offer many valuable suggestions. After identifying the five unique features of the Gard case, I focus on the most prevalent two questions. Are courts the best forum for resolving these disputes? Is the best interest standard the right test for determining the limits of surrogate decision-making authority? Because the British courts have so many publicly available judgements in medical futility cases, it is possible to identify five distinctive features in the Gard case. First, Charlie’s parents were not asking GOSH clinicians to continue treating Charlie against either their professional judgement or against their personal beliefs. Instead, Charlie’s parents wanted to transfer him to another hospital that was willing …. (shrink)

Muslims living in England are living in a predicament. On the onehand, they have to face the reality that the laws governing the family institutionare secular in nature. This poses a threat to their identity and freedom ofreligion. On the other hand, they are commanded by Islam to settle theirdisputes according to its laws and principles. However, this is unrealistic,simply due to the fact that the only recognized legal system in England isthe English Law. To circumvent this situation, certain Muslim (...) scholars andcommunities have established quasi-judicial courts, acting in the capacity ofmediators, counsellors, arbitrators and even judges, in order to settle maritaldisputes. These courts, known as Shariah councils, provide a modern approachto alternative dispute resolution, whereby Muslim families and individualscan have their disputes resolved amicably. It was also set up as a response forMuslims to adapt to life under the English secular laws in which they live in,that do not afford them the right of having a Sharʑah-based institution. Onesuch Shariah council offering a modern approach to settling marital disputesamicably is the Islamic Council of Europe. The researcher conducted anin-depth interview with the said council and was able to collect a couple ofarbitrational cases and analysed them in order to give a better understandinginto its inner workings, its structural set-up and operation. Hence, this paperaims to critically and juristically analyse them from an Islamic legal maximperspective while taking the Muslim minority context into consideration. (shrink)

For any type of institutionalized dispute resolution, legitimacy is a crucial characteristic, as legitimate dispute resolution promotes, for instance, general trust in state institutions and participation in economic activity. A lack of legitimacy will prevent the acceptance of dispute resolution, and thereby its use. Although many textbook definitions limit the meaning of legitimacy to legality, in its every-day use legitimacy is in fact a much broader concept. It encompasses different criteria relating to the nature (...) of dispute resolution: is a form of dispute resolution properly embedded in a reliable institutional environment?, and: are its outcomes properly underpinned? Virtualization concerns the ways in which information and communication technologies affect administration, communication, accessibility and assessment. As an example of virtualization in dispute resolution, a scenario about on-line feedback is scrutinized. This scenario comprises the implementation of a feedback system to enable participants in an instance of dispute resolution to comment on various aspects of the dispute resolving process. (shrink)