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Topic: Alternative dispute resolution


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  Alternative dispute resolution - Wikipedia, the free encyclopedia
Alternative dispute resolution or ADR iooos a name for several dispute resolution processes and techniques which, while believed by some to be outside the traditional mainstream of state jurisprudence, fffffhave gained acceptance among both the general public and the legal profession.
The Vodun priests of Haiti are well known for their dispute resolution role which occasionally resulted in the losing party being forced to become a zombie.
ADR is generally classified into at least three subtypes: negotiation, mediation, and arbitration.
en.wikipedia.org /wiki/Alternative_dispute_resolution   (604 words)

  
 Texas Alternative Dispute Resolution
ADR clears cases through the system more rapidly, freeing judges to focus their expertise and energy on issues that are the most complex, significant, or resistant to settlement.
ADR is a powerful tool for judges to use in managing their caseloads and ADR usually reduces the total costs for litigants.
If, after selecting a person to hear the dispute, a party to the dispute genuinely feels that the mediator or arbitrator has shown bias, has a conflict of interest, or lacks the skills or experience necessary to mediate the case, he or she should voice the concern.
www.weblocator.com /attorney/tx/law/b06.html   (2777 words)

  
 RULES FOR ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution methods which are recognized include settlement negotiations, arbitration, mediation, conciliation, facilitation, mini-trials, summary jury trials, private judges and judging, convening or conflict assessment, neutral evaluation and fact-finding, multi-door case allocations, and negotiated rulemaking.
As required by IC 33-38-10-8, the parties shall be responsible for the compensation of the private judge, court personnel involved in the resolution of the dispute, and the costs of facilities and materials.
After disclosure pursuant to ADR Rule 7.3(A)(6), a neutral may serve with the consent of the parties, unless there is a conflict of interest or the neutral believes the neutral can no longer be impartial, in which case a neutral shall withdraw.
www.in.gov /judiciary/rules/adr   (9036 words)

  
 Education Kit 2000 - Alternative Dispute Resolution   (Site not responding. Last check: 2007-11-07)
ADR is a non-judicial means of settling ADA disputes outside of the courtroom, avoiding costly and time-consuming litigation after a complaint or dispute arises.
Arbitration is a form of alternate dispute resolution commonly used in labor cases.
In actuality, it is a private court in which the disputing parties agree to be bound by the decision of an arbitrator (neutral person) who is familiar with the issues being disputed.
www.dol.gov /odep/pubs/ek00/altdispute.htm   (902 words)

  
 A Beginners' Guide To Alternative Dispute Resolution
ADR (Alternative Dispute Resolution) is a term that refers to a variety of techniques for resolving disputes without litigation.
Two of the better known methods of ADR are mediation (in which the parties to a dispute reach a voluntary settlement with the help of a skilled facilitator) and arbitration (in which the parties choose a disinterested neutral to whom to present their case for a legally binding ruling).
For example, parties to a construction industry dispute might select an architect, a contractor, or a lawyer with a lifelong practice in construction law to serve as their mediator or arbitrator.
www.lectlaw.com /files/adr11.htm   (2189 words)

  
 Alternative Dispute Resolution
ADR, used in appropriate circumstances, can yield results that are faster, less expensive, and less contentious than traditional OSC complaint processing.
Mediation is different from other forms of dispute resolution in that the parties participate voluntarily, and the mediator has no authority to make a decision.
After a mediation resolution, if a subsequent dispute occurs, parties are more likely to utilize a cooperative forum of problem-solving to resolve their differences than to pursue an adversarial approach.
www.osc.gov /adr.htm   (939 words)

  
 Alternative Dispute Resolution
Disputes in the workplace may be among or between employees, between employees and their managers, union grievances, or EEO complaints.
Alternative Dispute Resolution or ADR is a collaborative, consensual dispute resolution approach.
ADR encompasses mediation, facilitation, conciliation, fact finding, mini-trials, negotiation, negotiated rulemaking, neutral evaluation, policy dialogues, use of ombuds, arbitration, and other processes that usually involve a neutral third party who assists the parties in preventing, minimizing the escalation of, and resolving disputes.
www.dot.gov /adr   (497 words)

  
 Alternative Dispute Resolution
ADR has been used to resolve disputes even after trial, when the result is appealed.
If ADR is binding, the parties normally give up most court protections, including a decision by a judge or jury under formal rules of evidence and procedure, and review for legal error by an appellate court.
ADR may not be effective if it takes place before the parties have sufficient information to resolve the dispute.
www.fresnosuperiorcourt.org /alternative_dispute_resolution   (1185 words)

  
 FERC: Alternative Dispute Resolution
ADR usually involves a third party neutral, who helps the parties design a process to find mutually acceptable solutions to their disputes.
ADR methods include consensual decision-making techniques such as mediation and facilitation, and other related processes such as mini-trials, early neutral evaluation, and fact-findings.
ADR should not be used if one or more of the parties are not fully committed to the ADR process.
www.ferc.gov /legal/adr.asp   (198 words)

  
 [No title]
"Alternative dispute resolution" (ADR) is a term generally used to refer to informal dispute resolution processes in which the parties meet with a professional third party who helps them resolve their dispute in a way that is less formal and often more consensual than is done in the courts.
ADR is not widely used in cases of intractable conflict until those conflicts seem to become ready (some say "ripe") for resolution.
ADR does have many potential advantages, but there are also some possible drawbacks and criticisms of pursuing alternatives to court-based adjudication.
www.beyondintractability.org /m/adr.jsp   (1759 words)

  
 Alternative Dispute Resolution
Alternate Dispute Resolution (ADR) is an informal, cost effective conflict resolution tool that allows the parties in dispute, to discuss and develop their own resolutions.
ADR can also mend or improve the overall relationship between the parties because the focus is largely on the disputants' interests, while litigation focuses on positions.
The aggrieved person may request that the terms of the Resolution Agreement be carried out, or alternatively, that the complaint be reinstated for further action from the point that complaint processing ceased.
www.dotcr.ost.dot.gov /asp/adr.asp   (1146 words)

  
 Alternative Dispute Resolution   (Site not responding. Last check: 2007-11-07)
Download Court-Connected Alternative Dispute Resolution in New York State for a more complete summary including statistical tables of workload for many of the programs listed.
Selected cases are referred to ADR after a preliminary conference or at any other time deemed appropriate by the Judge; the Commercial Division has also authorized Judges with commercial and real estate matters pending outside the Division to make referrals to the ADR program.
Parties in general civil cases may also choose to submit their dispute to a JHO for binding or non-binding arbitration, or they may choose to hire private mediators or arbitrators.
www.courts.state.ny.us /ip/adr/court_annexed.shtml   (3049 words)

  
 Department for Constitutional Affairs - Legal Policy - Alternative Dispute Resolution   (Site not responding. Last check: 2007-11-07)
Alternative dispute resolution, usually referred to as ADR, is the collective term for the ways that parties can settle civil disputes, with the help of an independent third party and without the need for a formal court hearing.
Our vision for the proportionate dispute resolution is that people have access to the information and the range of services they need to understand their rights and responsibilities, avoid legal problems where possible, and where not, to resolve their disputes effectively and proportionately.
This work to promote proportionate dispute resolution is being taken forward by the better dispute resolution team in the civil and family directorate of HMCS.
www.dca.gov.uk /civil/adr   (1395 words)

  
 Alternative Dispute Resolution   (Site not responding. Last check: 2007-11-07)
Alternative Dispute Resolution (ADR) is an umbrella term for a full range of dispute resolution methods, both private and court-connected, designed to help parties resolve their conflicts.
In the courts of Maricopa County, ADR supports a wide range of alternative programs to assist parties in settling pending court disputes without resorting to trial.
Under the newly amended Rule 16(g), parties to Civil disputes have a duty to consider ADR, confer with one another about using an ADR process, and report the outcome of their conference to the court.
www.superiorcourt.maricopa.gov /adr   (187 words)

  
 Hunton & Williams | Alternative Dispute Resolution   (Site not responding. Last check: 2007-11-07)
An important advantage of ADR is flexibility to achieve consensual and mutually satisfactory resolutions not available through traditional “win-lose” litigation processes.
Our ADR Practice Group is headed by a partner who serves as a repository of knowledge and source of advice to all the lawyers in the firm.
We also advise partners who are about to embark on different types of ADR where disputes have arisen, to suggest which ADR approach may be most beneficial given the nature of the dispute, and if asked, to serve as an advocate in the ADR proceeding.
www.hunton.com /practices/practice_detail.aspx?gr_H4ID=789   (458 words)

  
 Alternative Dispute Resolution
There shall be two separate alternative dispute resolution (ADR) procedures—(i) a fast-track arbitration procedure to resolve near-term issues and (ii) a more typical mediation and/or arbitration procedure to resolve disputes that are more complex.
Settlement positions taken by the disputing Parties during the course of the negotiations under this Section 6.2.1 shall be maintained as confidential to the extent permitted by law and shall not be introduced as evidence by an opposing Party in any subsequent arbitration, FERC proceeding, or litigation concerning the same or a related dispute.
If a party to a dispute is a Federal agency, the procedures herein which provide for the resolution of claims and arbitration of disputes are subject to any limitations imposed on the agency by law, including but not limited to the authority of the agency to effect a remedy.
www.az-isa.org /alternative_dispute_resolution.htm   (1249 words)

  
 Reference List   (Site not responding. Last check: 2007-11-07)
The Commercial Dispute Resolution Center of the Americas, in Miami, Florida, is an international, nonprofit organization dedicated to the use of arbitration and mediation as a means of resolving business, trade and investment disputes in the Americas.
The Institute for International Mediation and Conflict Resolution (IIMCR) is a Washington, DC based, non-profit, 501(c)(3) institution whose mission is to promote the use of peaceful conflict resolution techniques among a generation of future leaders through the design and implementation of unique programs and services.
The Ohio State Journal on Dispute Resolution is dedicated to the exploration of alternative forums for and methods of dispute resolution, such as negotiation, mediation, arbitration, summary jury trials, and mini-trials.
www.workindex.com /extrefs.asp?SUBCATID=1672   (2067 words)

  
 SA Law Commission: Issue Paper 8 Alternative Dispute Resolution   (Site not responding. Last check: 2007-11-07)
The development of appropriate forms of dispute resolution which encourage and enhance community involvement and bear the stamp of legitimacy is therefore of cardinal importance to those who would see disputes and conflict effectively resolved.
The further role of ADR with regard to access to justice, juvenile justice, family law, the simplification of the criminal and civil justice system as well as in the area of customary indigenous law will have to be investigated.
both refer to a consensual means of dispute resolution where an acceptable third party is called in to facilitate the negotiation of a settlement between the parties.
wwwserver.law.wits.ac.za /salc/issue/ip8.html   (9151 words)

  
 IRSRC - Alternative Dispute Resolution
To be accepted into the ADR Process, claimants have to meet the requirements for the model for which they have applied.
Last December, the National Resolution Framework was announced that included Alternative Dispute Resolution (ADR) as a mechanism intended to offer an additional choice for the resolution of many of the thousands of claims for compensation being advanced for sexual and physical abuse.
However, as a voluntary process, Indian Residential Schools ADR needs to be easy to understand, simple to use and accessible to former students.
www.irsr-rqpi.gc.ca /english/dispute_resolution.html   (1238 words)

  
 Mediation and Conflict Resolution Office   (Site not responding. Last check: 2007-11-07)
A variety of ADR processes such as mediation, early neutral case evaluation, arbitration, settlement conferences, and consensus building are increasingly being used by courts, communities, schools, government agencies, criminal and juvenile justice programs, businesses, and other organizations cross the country.
Disputing parties report a high level of satisfaction and investment in the outcome of disputes that are resolved through the use of ADR.
Maryland has since won national acclaim for its multi-faceted approach to ADR as well as for acknowledging the Judiciary's role in helping to prevent disputes from reaching a stage at which court intervention is necessary.
www.courts.state.md.us /adr.html   (677 words)

  
 Maine Judicial Branch: Alternative Dispute Resolution
The Maine Judicial Branch was an early pioneer in providing alternative dispute resolution (ADR) in the courts, starting in the late 1970s.
Today, ADR is available through the Maine courts in domestic relations matters, small claims, larger civil and commercial cases, and in land use and environmental disputes.
To find out more about the individuals who are on the statewide Superior Court ADR rosters for mediation, arbitration and early neutral evaluation, go to the Directory of ADR Neutrals on Superior Court Rosters.
www.courts.state.me.us /courtservices/adr   (207 words)

  
 ADR - Wex   (Site not responding. Last check: 2007-11-07)
Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom.
ADR typically includes arbitration, mediation, early neutral evaluation, and conciliation.
Mediation is used for a wide gamut of case-types: ranging from juvenile felonies to Federal government negotiations with Native American Indian tribes.
www.law.cornell.edu /topics/adr.html   (474 words)

  
 EPA Office of General Counsel - Alternative Dispute Resolution
The Alternative Dispute Resolution Law Office is responsible for providing legal advice on EPA's conflict prevention and alternative dispute resolution (ADR) programs.
It is the home of the Conflict Prevention and Resolution Center, EPA's national policy and coordination office for ADR, providing environmental ADR services to the entire Agency.
Statutes for which the Alternative Dispute Resolution Law Office is responsible:
www.epa.gov /ogc/adr.htm   (139 words)

  
 Mediation and Arbitration (ADR)   |   International Trademark Association   (Site not responding. Last check: 2007-11-07)
Parties involved in trademark disputes are now realizing more and more that alternative dispute resolution (ADR) is a modern and pragmatic approach to dispute resolution that can save money and time and help find the best solution for everyone involved.
While ADR is not a solution in all cases, the International Trademark Association (INTA) encourages parties to consider this approach, and in particular, mediation, as a first step in resolving most intellectual property conflicts.
INTA has developed an Alternative Dispute Resolution program to provide customized options for parties with conflicts involving trademark and related issues.
www.inta.org /adr   (155 words)

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