1) ADR methods like mediation and arbitration provide alternatives to litigation that are usually cheaper, faster, and less adversarial. They allow parties more control over outcomes.
2) Common ADR methods include negotiation, mediation, conciliation, arbitration, and tribunals. Mediation involves a neutral third party facilitating compromise, while arbitration involves a third party making a binding decision.
3) Tribunals are bodies that resolve disputes but are not courts, handling issues like immigration, benefits, and employment claims more informally than courts. They aim to be accessible and efficient alternatives.
Alternative dipsute resolution system is informal method of resolving conflicts. there are different modes of ADR viz., negotiations, mediation , conciliation and arbitration etc.
Alternative dipsute resolution system is informal method of resolving conflicts. there are different modes of ADR viz., negotiations, mediation , conciliation and arbitration etc.
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
In response to rising court costs, delays and congestion, the need to facilitate access to justice and to provide more 'effective' forms of dispute resolution, the phenomenon known as ADR was born.
This presentation provides an overview of Alternative Dispute Resolution (ADR) and different ADR mechanisms used all over the world.
Here is a brief overview of the Arbitration Act with a simple and easy to understand language. Very useful for beginners who are finding difficulty in learning alternative methods of dispute resolution.
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
A civil advocate in Indoremust charge a fee consistent with his standing at the bar and the nature of the case. The Constitution of India makes provision for the high courts to settle the table of fees payable to advocates practicing before them. An advocate must not stipulate a fee contingent on the results of litigation or agree to share the proceeds of litigation. This is because giving the lawyer an interest in the subject matter of the suit is against professional ethics and violative of public policy.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
In response to rising court costs, delays and congestion, the need to facilitate access to justice and to provide more 'effective' forms of dispute resolution, the phenomenon known as ADR was born.
This presentation provides an overview of Alternative Dispute Resolution (ADR) and different ADR mechanisms used all over the world.
Here is a brief overview of the Arbitration Act with a simple and easy to understand language. Very useful for beginners who are finding difficulty in learning alternative methods of dispute resolution.
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
A civil advocate in Indoremust charge a fee consistent with his standing at the bar and the nature of the case. The Constitution of India makes provision for the high courts to settle the table of fees payable to advocates practicing before them. An advocate must not stipulate a fee contingent on the results of litigation or agree to share the proceeds of litigation. This is because giving the lawyer an interest in the subject matter of the suit is against professional ethics and violative of public policy.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Alternative dispute resolution - basic mediationNiki Hannevig
Mediation is a time-honored alternative to litigation. This presentation is the first of two and strongly recommended before proceeding to "Skills Building".
Alternative Dispute Resolution Methods Amanda Ritter
This is a class collaborative project to give information about ADR for people who need assistance to solve a legal dispute, but who do not want to go to court. The information relates to the Mornington Peninsula and surrounding area. This slideshow has been compiled by Unit 2 Legal Studies at Toorak College.
Between the Judge and the Law—Judicial Independence and Authority With Chines...Larry Catá Backer
Abstract: What is the scope and nature of judicial reform? To what extent does borrowing from Western models also suggest an embrace of the underlying ideologies that frame those models? It is a common place in the West, whether in Common Law or Civil Law states, that the integrity of the judiciary depends on their authority to interpret law and to apply that interpretation to individual cases and the litigants that appear before the courts. That presumption, however, embeds premises about the organization of political and administrative authority that may be incompatible with those of states developing Socialist Rule of Law structures within Party-State systems. In Common law states those deep presumptions touch on the disciplinary role of judicial opinions as a constraint on judicial interpretation. In civil law states that discipline arises from the constraining principles of the legal codes themselves. In both the legislatures serve as the ultimate check in a complex dialogue with courts in three respects. First, judges serve a political role in their relation to law. Second, cases themselves serve an important political role as well. Third, courts begin to serve as the place where societal narratives are forged and popular expression is constructed and applied. In Socialist rule of law systems, the disciplinary systems are quite different and ought to produce a different relationship between courts, law, and the cases they are bound to apply fairly and consistently under law. This paper considers the way that the logic and grounding principles of Chinese Marxist Leninism may provide guidance in the construction of a judicial enterprise that is both true to its organizational logic and which enhances the authority of judges to serve litigants fairly. It suggests the points of compatibility and incompatibility in the ideologies of these distinct systems of judging and what it may mean for judicial reform in China. That consideration, in turn is based on a fundamental difference, in Socialist Rule of Law systems, between the authority to interpret law and the authority to apply law to an individual case. For Chinese judicial reform it is in the perfectibility of the judge that lies the perfectibility of law that in turn ensures the perfectibility of the judge. Part II considers in very broad strokes the relationship between the judge and law in the West. Part III then considers Chinese reforms touching on the relationship between the judge and the law, and the evolution of normative structures within which one can speak to judicial independence. Part IV then considers the project from the perspective of the grounding ideology of the Chinese state. From that fundamental distinction, the paper will propose a Socialist approach to the judicial function compatible with its own logic and legitimacy enhancing under global consensus principles for a well-organized and functioning judiciary.
Alternative Dispute Resolution (ADR) as a Mechanism of Peace in AfricaChantal Abam
conflict resolution has always been an issue of the Criminal Justice System at the international and national levels, but globalization thinking has brought about new mechanism for resolving conflicts.
The role and responsibilities of the project manager ProofHub
For aspiring project managers, this slide brings an insight to the roles and responsibilities that a manager needs to perform. So let’s take a look at what it is about being a project manager:
Practical tips on choosing the right dispute resolution strategy, entering into enforceable agreements for ADR, and navigating complex matters such as arbitrations with an international component.
Get all the information related to companies act 2013/1956 including its rules, draft rules, forms, notifications, circulars, orders, definitions, guidelines, schedules, etc.
https://www.nclt.in/
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
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Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
2. 1) Why do we need ADR?
There are a number of problems in using the courts,
i.e. litigation is:
1) Expensive and slow
2) Many disputes are of a highly technical nature
3) Intimidating
4) Adversarial
5) Solutions are imposed
6) It usually leads to a loss of good relations between the
parties
7) Public
8) There is insufficient capacity 2
3. 2) ADR
What are five main types of ADR?
1) Negotiation
2) Mediation
3) Conciliation
4) Arbitration
5) Tribunals
3
4. 3) Negotiation
What is negotiation?
Negotiation is defined as an informal
method of bargaining by the parties to
settle a dispute
We’re just
negotiating
It involves the parties communicating with each
other, sometimes with solicitors
4
5. 3) Negotiation (cont)
What are the advantages of negotiation?
Quick
Cheap
Private
What are the disadvantages of negotiation?
Costs increase if solicitors become involved
No guarantee it will be successful 5
6. 4) Mediation
What is mediation?
Mediation is defined as a process by which a
neutral third party tries to get those involved
in a dispute to reach a compromise solution
However, the parties are in control
The mediator is merely a neutral facilitator, or
a go-between, i.e. helping the parties to reach
a compromise
Ok you
guys, I’ve
facilitated
shake on it
6
7. 4) Mediation (cont)
What is the procedure for mediation?
a/ There is an initial meeting
b/ Followed by private meetings, when the
mediator will explore the position with each
party in turn carrying offers to and fro
c/ Finally a second meeting helps the parties
negotiate face to face.
If the mediation results in a written agreement
it can form a legally binding contract
7
8. 4) Mediation (cont)
What are the consequences of refusing to
participate in ADR?
An unreasonable refusal to cooperate with ADR
can be penalised
Authority
Dunnett v Railtrack (2002)
McMillan Williams v Range (2004)
8
9. 4) Mediation (cont)
Identify different types of mediation
1) Family mediation
2) Commercial mediation services e.g. CEDR
3) Smaller disputes
e.g. West Kent Mediation Service
4) Online dispute resolution (ODR)
5) Mediation services for victims of
medical negligence
9
10. 4) Mediation (cont)
What are the advantages of mediation?
1) Confidential
2) Less formal than the courts
3) Legal representation is not required
4) Cost-effective
5) The parties are in control
What are the disadvantages of mediation?
1) The dispute may not be resolved
2) The mediator sometimes overstep the mark –
research by Hazel Genn 10
12. Conciliation
Definition
In conciliation, the neutral third party takes an
interventionist role in the discussions between the
parties in order to push them in the direction of
a settlement
Compromise
or else
ACAS
It is particularly appropriate for major commercial
disputes 12
13. Arbitration
Arbitration is a procedure where the parties to a
dispute, voluntarily agree to submit their claims
to an independent third party (an arbitrator), as a
way of resolving a dispute, without the need for
a court case.
Please settle
our dispute
13
14. Arbitration (cont)
1) The law relating to arbitration is set out in the
Arbitration Act 1996
2) S 58 Arbitration Act 1996 states that the decision
by the independent third party is legally binding
3) The decision to arbitrate can be made:
a/ Before the dispute arises
b/ After the dispute has arisen
14
15. Arbitration (cont)
a/ Before the dispute arises
The agreement to arbitrate in the event of a dispute
arises
Where’s
the hotel a/ Travel agents
then
This was my
best frock, I’m
going to
arbitrate
b/ Dry cleaners
15
16. Arbitration (cont)
4) The arbitrator
S 15 of the Arbitration Act 1996 details how the
arbitrator can be chosen
5) The arbitration hearing
● The exact procedure is left to the parties
● Paper hearing
● Paper & oral submission
● Flexibility as to date, time & place of the hearing
16
20. Tribunals
1) What is a tribunal?
A tribunal is a body that performs a function similar
to that of a court of law, but it is not a court of law
2) When are tribunals used?
Where a tribunal exists it must be used, the parties
cannot use the courts
3) How many tribunals are there?
Approx 75 20
21. Tribunals (cont)
4) The types of tribunals
a/ Domestic
Deal with matters relating to the internal
workings of particular organisations
I’ve found my
mobile, nurse For example:
The BMA,
The Law Society &
The Bar Council
21
22. Tribunals (cont)
b/ Administrative tribunals
Their main function is to resolve disputes between
individuals and government departments concerning
the individual’s social & welfare rights
For example:
The Immigration Appeals Authority
Industrial Tribunal
Rent tribunals
Social Security Tribunals 22
23. Tribunals (cont)
5) The composition of tribunals
a/ An independent (legally qualified) chairman
b/ Two lay members of the public with relevant
expertise
23
24. Tribunals (cont)
6) The procedure
a/ Legal representation is not encouraged
b/ Legal aid is generally not available
There are exceptions:
Mental Health Review Tribunals
Land Tribunals
Employment tribunals
24
25. Tribunals (cont)
6) The procedure
c/ Inquisitorial process
d/ Not bound by previous decisions
7) How are tribunals controlled?
i. The Council of Tribunals
ii. The courts
Appeals
Judicial review 25
26. Tribunals (cont)
8) Evaluation
Advantages
a/ Cheaper option than the courts
b/ Claims are processed more quickly
C/ Informal This is variable
d/ Expertise
e/ Capacity
f/ Privacy Exception employment tribunals
26
27. Tribunals (cont)
8) Evaluation (cont)
Disadvantages
a/ A lack of openness Suspicions about fairness
b/ Lack of independence
c/ Legal aid
d/ Not really accessible
e/ Lack of coherence
f/ Some tribunals do not have to give reasons for
their decisions
27
28. Tribunals (cont)
8) Evaluation (cont)
Disadvantages (cont)
g/ Rarely follow precedent
h/ No right of appeal from some tribunals
28
