This document discusses alternative dispute resolution (ADR) methods in Liberia. It notes that Liberia has a low literacy rate and limited technology infrastructure. It proposes two ADR methods for Liberia: mediation using fax machines to communicate, and mediation using phones (landlines and cellphones via text). The document outlines how these methods could work, including how a mediator would manage documents, question parties to help them understand each other, and maintain ethical standards like neutrality and confidentiality. It argues these methods could resolve disputes more accessibly and quickly than traditional litigation in Liberia.
This document discusses alternative dispute resolution (ADR) methods in Liberia. It proposes using fax machines and phones to facilitate mediation between disputing parties. Specifically, it suggests that a neutral third-party mediator could receive documents and information from parties via fax to help resolve civil disputes, without the need for in-person meetings. Using phones, the mediator could communicate with parties through calls and text messages to guide negotiations. The document maintains these technology-based ADR methods could provide cheaper and faster solutions than traditional court litigation in Liberia.
The document discusses concerns about provisions in the Trans-Pacific Partnership (TPP) agreement regarding internet intermediary liability and restrictions on the free flow of online information. It notes that while free flow of information has economic benefits, it is also linked to complex issues of privacy, censorship, and other sociopolitical considerations that may not be best addressed in closed-door trade negotiations. The document argues that privacy is a fundamental human right that should not be compromised, and that trade agreements should not be used to challenge legitimate privacy laws.
The document discusses concerns about provisions in the Trans-Pacific Partnership Agreement regarding internet intermediary liability and restrictions on the free flow of online information. It notes that while free flow of information has economic benefits, it is also linked to complex issues of privacy, political considerations, and human rights that may not be best addressed in closed-door trade negotiations. The document advocates for balancing free expression with privacy protections, and ensuring any international framework respects sovereign countries' privacy laws and principles of informed consent.
This document discusses various aspects of internet law and governance. It outlines the challenges of jurisdiction over online content across borders. It also describes the key players in the internet such as infrastructure providers, content providers, access providers, and their roles and legal responsibilities. Issues around intellectual property, telecommunications regulations, and trademarks in the online world are also summarized.
[1] Criminal and regulatory laws have varying territorial reach depending on factors like location of users, activity type, and targeted locations.
[2] Civil liability also has cross-border implications regarding applicable substantive laws, adjudicative jurisdiction of courts, and choice of applicable law depending on concepts like territoriality of laws and targeting.
[3] Investigatory powers of law enforcement investigating online crimes have unclear territorial scope, raising issues around direct orders to disclose data versus mutual legal assistance treaties. Comity between jurisdictions is an important consideration.
The Internet is a global system of interconnected computer networks that use the Internet protocol suite (TCP/IP) to link devices worldwide. It is a network of networks that consists of millions of private, public, academic, business, and government networks of local to global scope, linked by a broad array of electronic, wireless, and optical networking technologies. The Internet carries an extensive range of information resources and services, such as the inter-linked hypertext documents and applications of the World Wide Web (WWW), electronic mail, telephony, and file sharing. [/SUMMARY]
The document discusses balancing the free flow of information, freedom of expression, and privacy in trade agreements like the Trans-Pacific Partnership. While facilitating communication and trade has benefits, these agreements could impact human rights by deciding complex issues around these topics in closed trade negotiations instead of through open democratic processes. Countries should be able to set their own privacy laws and not have them challenged as trade barriers in trade agreements.
The document provides information on the internet and online services. It defines the internet as a global network of computer networks. It discusses advantages like access to information and communication, and disadvantages such as cyber fraud and viruses. It describes uses of the internet for research, commerce, communication and media. It also outlines the history and development of the internet from ARPANET to today's widespread adoption of 3 billion users.
This document discusses alternative dispute resolution (ADR) methods in Liberia. It proposes using fax machines and phones to facilitate mediation between disputing parties. Specifically, it suggests that a neutral third-party mediator could receive documents and information from parties via fax to help resolve civil disputes, without the need for in-person meetings. Using phones, the mediator could communicate with parties through calls and text messages to guide negotiations. The document maintains these technology-based ADR methods could provide cheaper and faster solutions than traditional court litigation in Liberia.
The document discusses concerns about provisions in the Trans-Pacific Partnership (TPP) agreement regarding internet intermediary liability and restrictions on the free flow of online information. It notes that while free flow of information has economic benefits, it is also linked to complex issues of privacy, censorship, and other sociopolitical considerations that may not be best addressed in closed-door trade negotiations. The document argues that privacy is a fundamental human right that should not be compromised, and that trade agreements should not be used to challenge legitimate privacy laws.
The document discusses concerns about provisions in the Trans-Pacific Partnership Agreement regarding internet intermediary liability and restrictions on the free flow of online information. It notes that while free flow of information has economic benefits, it is also linked to complex issues of privacy, political considerations, and human rights that may not be best addressed in closed-door trade negotiations. The document advocates for balancing free expression with privacy protections, and ensuring any international framework respects sovereign countries' privacy laws and principles of informed consent.
This document discusses various aspects of internet law and governance. It outlines the challenges of jurisdiction over online content across borders. It also describes the key players in the internet such as infrastructure providers, content providers, access providers, and their roles and legal responsibilities. Issues around intellectual property, telecommunications regulations, and trademarks in the online world are also summarized.
[1] Criminal and regulatory laws have varying territorial reach depending on factors like location of users, activity type, and targeted locations.
[2] Civil liability also has cross-border implications regarding applicable substantive laws, adjudicative jurisdiction of courts, and choice of applicable law depending on concepts like territoriality of laws and targeting.
[3] Investigatory powers of law enforcement investigating online crimes have unclear territorial scope, raising issues around direct orders to disclose data versus mutual legal assistance treaties. Comity between jurisdictions is an important consideration.
The Internet is a global system of interconnected computer networks that use the Internet protocol suite (TCP/IP) to link devices worldwide. It is a network of networks that consists of millions of private, public, academic, business, and government networks of local to global scope, linked by a broad array of electronic, wireless, and optical networking technologies. The Internet carries an extensive range of information resources and services, such as the inter-linked hypertext documents and applications of the World Wide Web (WWW), electronic mail, telephony, and file sharing. [/SUMMARY]
The document discusses balancing the free flow of information, freedom of expression, and privacy in trade agreements like the Trans-Pacific Partnership. While facilitating communication and trade has benefits, these agreements could impact human rights by deciding complex issues around these topics in closed trade negotiations instead of through open democratic processes. Countries should be able to set their own privacy laws and not have them challenged as trade barriers in trade agreements.
The document provides information on the internet and online services. It defines the internet as a global network of computer networks. It discusses advantages like access to information and communication, and disadvantages such as cyber fraud and viruses. It describes uses of the internet for research, commerce, communication and media. It also outlines the history and development of the internet from ARPANET to today's widespread adoption of 3 billion users.
This document discusses computer networking technology. It defines key concepts like communication systems having senders, mediums, and receivers. It describes different modes of data transmission including simplex, half-duplex, and full-duplex. It also discusses different types of communication media such as bounded media like twisted pair cables and unbounded media like wireless transmission. Finally, it outlines common computer network models and categories including client-server networks, peer-to-peer networks, and local area networks.
The document discusses how network neutrality regulations could impact freedom of speech and the right to information on the internet. It outlines key principles of network neutrality including equal treatment of all internet traffic. Without network neutrality regulations, internet service providers could potentially discriminate against or prioritize certain data, threatening users' access to information and freedom of expression. The document examines this issue from political, economic and technological perspectives.
Because the technology is used largely in the last decades; cybercrimes have become a significant
international issue as a result of the huge damage that it causes to the business and even to the ordinary
users of technology. The main aims of this paper is to shed light on digital crimes and gives overview about
what a person who is related to computer science has to know about this new type of crimes. The paper has
three sections: Introduction to Digital Crime which gives fundamental information about digital crimes,
Digital Crime Investigation which presents different investigation models and the third section is about
Cybercrime Law.
The document discusses the topic of net neutrality and analyzes arguments for and against it. It begins by defining net neutrality as the principle that internet service providers should allow equal access to all legal online content without favoring some sources over others. The document then examines debates around whether net neutrality regulations in the US successfully create a truly equal internet or if they are an "illusion." It also explores the importance of net neutrality for minority communities and small businesses. Finally, the document outlines current US policies, including net neutrality rules passed by the FCC, and concludes that net neutrality needs to be protected to maintain equality and prevent large corporations from gaining control over internet access.
Internet Rights are Human Rights Case BookletRajat Kumar
The IRHR Curriculum is a series of training modules concerned with the relationship between human rights, ICTs and the internet. These modules are intended to help those who work on human rights and/or ICTs, stakeholders with an interest in the issues and students, to understand ways in which the internet is affecting the enjoyment and protection of rights – now and in the future – and explore how these affect their work and lives.
This document discusses social mobilization in Colombia against the proposed "Lleras Bill", which aims to regulate internet copyright infringement. It provides background on intellectual property policies and debates in Colombia. In response to the bill, which has faced criticism for restricting digital rights, online campaigns have emerged using hashtags like #leylleras to share information and organize opposition. Groups are working on alternative proposals to promote concepts like free culture and limit the bill's controversial punitive measures.
The document discusses several issues related to EU information law, including:
1) Liability exemptions for intermediaries under the E-Commerce Directive and exceptions for temporary reproduction under the Copyright Directive.
2) Constitutional concerns around the proportionality and oversight of "three strikes" policies that cut off internet access for repeat copyright infringers.
3) The challenges of regulating both individuals and intermediaries as "data controllers" under the Data Protection Directive.
4) Debates around techniques like website blocking to reduce access to child abuse images and ensuring constitutional values like privacy are considered.
The document provides information about the internet and its various components. It discusses the history of the internet beginning in the 1960s with ARPANET and how different networks eventually merged to form the worldwide internet. It describes how individuals and computers connect to the internet using options like cable, DSL, wireless, satellite, etc. The document also outlines important internet services such as email, the world wide web, file transfer, and discusses both the advantages and disadvantages of internet usage.
Internet and the World Wide Web: What is Internet? Introduction to internet and its applications, E-mail, telnet, FTP, e-commerce, video conferencing, e-business. Internet service providers, domain name server, internet address, World Wide Web (WWW): World Wide Web and its evolution, uniform resource locator (URL), browsers – internet explorer, Netscape navigator, opera, Firefox, chrome, Mozilla. search engine, web saver – apache, IIS, proxy server, HTTP protocol
This document analyzes Lebanon's 2009 Draft Law for Service Provider Licensing Regulation. The original objective of the draft law was to improve internet penetration rates and quality by combating illegal internet service providers (ISPs). However, the analysis finds that gaps remain between the written law and the reality of Lebanon's telecommunications sector. The analysis describes relevant provisions and assesses the strengths and weaknesses using global communication models. Recommendations are provided to improve the policy and promote healthy competition to better achieve the participatory communication model.
This document analyzes Lebanon's 2009 draft law regulating service provider licensing. The analysis was prepared for Schools Online, an NGO working to establish internet learning centers. The draft law aimed to liberalize Lebanon's telecommunications sector and encourage competition by opening it up to private participation. However, the analysis notes weaknesses like inadequate broadband capacity that hindered reliable, affordable internet access and perpetuated a digital divide. The document provides background on Lebanon's telecom sector and issues relevant to Schools Online, and will inform their decision to operate in Lebanon.
The document provides information about the Internet including:
1. The Internet is a global system of interconnected computer networks that uses TCP/IP protocols to serve billions of users worldwide through private, public, academic, business and government networks linked together.
2. The history of the Internet began in the 1950s with the development of early computer networks like ARPANET and packet switching which led to internetworking protocols allowing multiple networks to join.
3. Internet access technologies include local area networks, dial-up, Wi-Fi, broadband and mobile broadband which people use to access Internet services like email, the World Wide Web and online information.
Dimensions of online arbitration in India - Chenoy CeilChenoy Ceil
This document discusses online arbitration in India. It notes that online arbitration combines traditional arbitration with technology and allows proceedings to occur virtually. While offering benefits like speed and access, online arbitration also faces challenges in India like lack of digital infrastructure and acceptance. For online arbitration to succeed in India, efforts are needed to improve technology, provide training, and build trust in the online dispute resolution process. Overall, the document argues that online arbitration could help reduce India's backlog of court cases if the country advances its digital capabilities and online arbitration framework.
This document discusses the benefits of using intranet technology within organizations. It begins by defining intranet as a private internal network that uses the same tools and standards as the public internet but is only accessible to employees within an organization. The document then lists several key advantages of using intranet including: promoting a paperless office and reducing printing/distribution costs; supporting more efficient sales/marketing efforts; improving customer service; enabling online training opportunities; making educational and research institutions more efficient; allowing cross-platform compatibility; and being relatively inexpensive to develop and maintain. Overall, the document argues that intranet can enhance productivity, communication, and performance within organizations.
INGENIOUS ACTUALITY OF THE INTERNET AGE FOR ACCESS TO JUSTICE IN POST COVID 19 PERIOD: REVISITING EXISTING PROCESS OF JUSTICE ADMINISTRATION WITH REFERENCE TO VIDEO CONFERENCING AND VIRTUAL HEARINGS
The document provides an overview of the history and development of the Internet. It discusses how the Internet began as a US military program called ARPANET in the 1960s and expanded to include academic and research networks. By the 1980s, the TCP/IP protocol allowed different networks to interconnect, and the term "Internet" was adopted. In the 1990s, the World Wide Web brought the Internet to the general public. The document also describes the basic infrastructure of the Internet including protocols, network structures, and governance organizations like ICANN.
This document provides an overview of online dispute resolution (ODR). It discusses how ODR emerged in the 1990s with early projects using online mechanisms to resolve disputes. ODR allows for ADR methods like negotiation, mediation, and arbitration to occur online. The document outlines how ODR has expanded and been explored by various organizations. It also notes that the EU has taken legislative measures supporting the use of ODR. While ODR aims to improve access to justice, more research is still needed on its effectiveness compared to traditional offline dispute resolution.
1. The document discusses government regulation of media through agencies like the FTC, FRC, and FCC which shape interactions between media, government, and audiences.
2. It also covers media law and related issues like censorship, intellectual property, and the influence of digital technology on democracy.
3. Key topics analyzed include the fairness doctrine, DMCA, censorship of speech, and how the internet both enhances and diminishes free speech while affecting politics in all countries.
Role of Legal Services Authority in Arbitration and Dispute ResolutionManish Kumar
This document discusses Lok Adalats, which are alternative dispute resolution bodies in India established under the Legal Services Authorities Act of 1987. It provides that Lok Adalats aim to promote compromise between parties through non-adversarial proceedings before a presiding officer. Awards made by Lok Adalats are binding, enforceable as civil court decrees, and cannot be appealed. The document outlines the roles of various legal authorities in establishing and supporting Lok Adalats in India.
The document discusses various alternative dispute resolution (ADR) methods for resolving civil legal disputes outside of court. It defines ADR and describes negotiation, mediation, conciliation and arbitration processes. Negotiation involves parties discussing solutions without legal representation, while mediation uses an impartial third party to direct discussion. Conciliation is similar but the third party can make suggestions, and arbitration involves a third party making a binding decision. The document outlines advantages like time and cost savings compared to litigation, and disadvantages such as non-binding decisions and need for voluntary participation.
This document provides an overview of alternative dispute resolution (ADR). It discusses ADR in the context of India, defining key terms like arbitration and mediation. The document also outlines the philosophy and implementation of ADR in India, noting its basis in traditional Indian dispute resolution systems. Additionally, the international growth of ADR and its efficacy compared to litigation are addressed. In summary:
1) ADR provides alternatives to litigation for resolving disputes and includes methods like arbitration, mediation, and conciliation.
2) In India, ADR has a basis in traditional systems and the law now supports its use to help reduce the massive backlog of court cases.
3) Internationally, ADR methods
This document discusses computer networking technology. It defines key concepts like communication systems having senders, mediums, and receivers. It describes different modes of data transmission including simplex, half-duplex, and full-duplex. It also discusses different types of communication media such as bounded media like twisted pair cables and unbounded media like wireless transmission. Finally, it outlines common computer network models and categories including client-server networks, peer-to-peer networks, and local area networks.
The document discusses how network neutrality regulations could impact freedom of speech and the right to information on the internet. It outlines key principles of network neutrality including equal treatment of all internet traffic. Without network neutrality regulations, internet service providers could potentially discriminate against or prioritize certain data, threatening users' access to information and freedom of expression. The document examines this issue from political, economic and technological perspectives.
Because the technology is used largely in the last decades; cybercrimes have become a significant
international issue as a result of the huge damage that it causes to the business and even to the ordinary
users of technology. The main aims of this paper is to shed light on digital crimes and gives overview about
what a person who is related to computer science has to know about this new type of crimes. The paper has
three sections: Introduction to Digital Crime which gives fundamental information about digital crimes,
Digital Crime Investigation which presents different investigation models and the third section is about
Cybercrime Law.
The document discusses the topic of net neutrality and analyzes arguments for and against it. It begins by defining net neutrality as the principle that internet service providers should allow equal access to all legal online content without favoring some sources over others. The document then examines debates around whether net neutrality regulations in the US successfully create a truly equal internet or if they are an "illusion." It also explores the importance of net neutrality for minority communities and small businesses. Finally, the document outlines current US policies, including net neutrality rules passed by the FCC, and concludes that net neutrality needs to be protected to maintain equality and prevent large corporations from gaining control over internet access.
Internet Rights are Human Rights Case BookletRajat Kumar
The IRHR Curriculum is a series of training modules concerned with the relationship between human rights, ICTs and the internet. These modules are intended to help those who work on human rights and/or ICTs, stakeholders with an interest in the issues and students, to understand ways in which the internet is affecting the enjoyment and protection of rights – now and in the future – and explore how these affect their work and lives.
This document discusses social mobilization in Colombia against the proposed "Lleras Bill", which aims to regulate internet copyright infringement. It provides background on intellectual property policies and debates in Colombia. In response to the bill, which has faced criticism for restricting digital rights, online campaigns have emerged using hashtags like #leylleras to share information and organize opposition. Groups are working on alternative proposals to promote concepts like free culture and limit the bill's controversial punitive measures.
The document discusses several issues related to EU information law, including:
1) Liability exemptions for intermediaries under the E-Commerce Directive and exceptions for temporary reproduction under the Copyright Directive.
2) Constitutional concerns around the proportionality and oversight of "three strikes" policies that cut off internet access for repeat copyright infringers.
3) The challenges of regulating both individuals and intermediaries as "data controllers" under the Data Protection Directive.
4) Debates around techniques like website blocking to reduce access to child abuse images and ensuring constitutional values like privacy are considered.
The document provides information about the internet and its various components. It discusses the history of the internet beginning in the 1960s with ARPANET and how different networks eventually merged to form the worldwide internet. It describes how individuals and computers connect to the internet using options like cable, DSL, wireless, satellite, etc. The document also outlines important internet services such as email, the world wide web, file transfer, and discusses both the advantages and disadvantages of internet usage.
Internet and the World Wide Web: What is Internet? Introduction to internet and its applications, E-mail, telnet, FTP, e-commerce, video conferencing, e-business. Internet service providers, domain name server, internet address, World Wide Web (WWW): World Wide Web and its evolution, uniform resource locator (URL), browsers – internet explorer, Netscape navigator, opera, Firefox, chrome, Mozilla. search engine, web saver – apache, IIS, proxy server, HTTP protocol
This document analyzes Lebanon's 2009 Draft Law for Service Provider Licensing Regulation. The original objective of the draft law was to improve internet penetration rates and quality by combating illegal internet service providers (ISPs). However, the analysis finds that gaps remain between the written law and the reality of Lebanon's telecommunications sector. The analysis describes relevant provisions and assesses the strengths and weaknesses using global communication models. Recommendations are provided to improve the policy and promote healthy competition to better achieve the participatory communication model.
This document analyzes Lebanon's 2009 draft law regulating service provider licensing. The analysis was prepared for Schools Online, an NGO working to establish internet learning centers. The draft law aimed to liberalize Lebanon's telecommunications sector and encourage competition by opening it up to private participation. However, the analysis notes weaknesses like inadequate broadband capacity that hindered reliable, affordable internet access and perpetuated a digital divide. The document provides background on Lebanon's telecom sector and issues relevant to Schools Online, and will inform their decision to operate in Lebanon.
The document provides information about the Internet including:
1. The Internet is a global system of interconnected computer networks that uses TCP/IP protocols to serve billions of users worldwide through private, public, academic, business and government networks linked together.
2. The history of the Internet began in the 1950s with the development of early computer networks like ARPANET and packet switching which led to internetworking protocols allowing multiple networks to join.
3. Internet access technologies include local area networks, dial-up, Wi-Fi, broadband and mobile broadband which people use to access Internet services like email, the World Wide Web and online information.
Dimensions of online arbitration in India - Chenoy CeilChenoy Ceil
This document discusses online arbitration in India. It notes that online arbitration combines traditional arbitration with technology and allows proceedings to occur virtually. While offering benefits like speed and access, online arbitration also faces challenges in India like lack of digital infrastructure and acceptance. For online arbitration to succeed in India, efforts are needed to improve technology, provide training, and build trust in the online dispute resolution process. Overall, the document argues that online arbitration could help reduce India's backlog of court cases if the country advances its digital capabilities and online arbitration framework.
This document discusses the benefits of using intranet technology within organizations. It begins by defining intranet as a private internal network that uses the same tools and standards as the public internet but is only accessible to employees within an organization. The document then lists several key advantages of using intranet including: promoting a paperless office and reducing printing/distribution costs; supporting more efficient sales/marketing efforts; improving customer service; enabling online training opportunities; making educational and research institutions more efficient; allowing cross-platform compatibility; and being relatively inexpensive to develop and maintain. Overall, the document argues that intranet can enhance productivity, communication, and performance within organizations.
INGENIOUS ACTUALITY OF THE INTERNET AGE FOR ACCESS TO JUSTICE IN POST COVID 19 PERIOD: REVISITING EXISTING PROCESS OF JUSTICE ADMINISTRATION WITH REFERENCE TO VIDEO CONFERENCING AND VIRTUAL HEARINGS
The document provides an overview of the history and development of the Internet. It discusses how the Internet began as a US military program called ARPANET in the 1960s and expanded to include academic and research networks. By the 1980s, the TCP/IP protocol allowed different networks to interconnect, and the term "Internet" was adopted. In the 1990s, the World Wide Web brought the Internet to the general public. The document also describes the basic infrastructure of the Internet including protocols, network structures, and governance organizations like ICANN.
This document provides an overview of online dispute resolution (ODR). It discusses how ODR emerged in the 1990s with early projects using online mechanisms to resolve disputes. ODR allows for ADR methods like negotiation, mediation, and arbitration to occur online. The document outlines how ODR has expanded and been explored by various organizations. It also notes that the EU has taken legislative measures supporting the use of ODR. While ODR aims to improve access to justice, more research is still needed on its effectiveness compared to traditional offline dispute resolution.
1. The document discusses government regulation of media through agencies like the FTC, FRC, and FCC which shape interactions between media, government, and audiences.
2. It also covers media law and related issues like censorship, intellectual property, and the influence of digital technology on democracy.
3. Key topics analyzed include the fairness doctrine, DMCA, censorship of speech, and how the internet both enhances and diminishes free speech while affecting politics in all countries.
Role of Legal Services Authority in Arbitration and Dispute ResolutionManish Kumar
This document discusses Lok Adalats, which are alternative dispute resolution bodies in India established under the Legal Services Authorities Act of 1987. It provides that Lok Adalats aim to promote compromise between parties through non-adversarial proceedings before a presiding officer. Awards made by Lok Adalats are binding, enforceable as civil court decrees, and cannot be appealed. The document outlines the roles of various legal authorities in establishing and supporting Lok Adalats in India.
The document discusses various alternative dispute resolution (ADR) methods for resolving civil legal disputes outside of court. It defines ADR and describes negotiation, mediation, conciliation and arbitration processes. Negotiation involves parties discussing solutions without legal representation, while mediation uses an impartial third party to direct discussion. Conciliation is similar but the third party can make suggestions, and arbitration involves a third party making a binding decision. The document outlines advantages like time and cost savings compared to litigation, and disadvantages such as non-binding decisions and need for voluntary participation.
This document provides an overview of alternative dispute resolution (ADR). It discusses ADR in the context of India, defining key terms like arbitration and mediation. The document also outlines the philosophy and implementation of ADR in India, noting its basis in traditional Indian dispute resolution systems. Additionally, the international growth of ADR and its efficacy compared to litigation are addressed. In summary:
1) ADR provides alternatives to litigation for resolving disputes and includes methods like arbitration, mediation, and conciliation.
2) In India, ADR has a basis in traditional systems and the law now supports its use to help reduce the massive backlog of court cases.
3) Internationally, ADR methods
Alternative dispute resolution (ADR) includes methods for resolving disputes outside of the official court system such as negotiation, mediation, arbitration, conciliation, case evaluation, and ombuds. ADR offers benefits like flexibility, lower costs than litigation, preserving relationships, and confidentiality. In Córdoba, Argentina, common ADR organizations include the Department of Consumer Affairs, Department of Labour, and Mediation Center.
The Hon'ble Supreme Court in the case of Afcons Judgment has interpreted Section 89 of CPC. In the said judgment Hon'ble Supreme Court has laid down what the referral judge is supposed to do while referring the case for any Alternative Dispute Resolution (ADR). New Mediation Rules come into existance in the year 2015. Wherein also provisions for referral judges are made. This ppt will help Hon'ble Judges to refer cases for Mediation. This document also speaks about Lok Adalat, Conciliation, Arbitration and Judicial Settlement and intricacies involved therein.
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.
The document discusses various methods for resolving disputes, including litigation, arbitration, mediation, negotiation, and conciliation. It then provides details on the UNICITRAL Model Law on conciliation, including its purpose to help parties settle commercial disputes amicably with the aid of a conciliator. The Model Law covers definitions, procedures, confidentiality of the conciliation process, and inadmissibility of certain information in other legal proceedings. Finally, the document outlines aspects of Slovenian arbitration law regarding its application and provisions on arbitration agreements, exclusion of court proceedings, qualifications of arbitrators, and requirements for arbitration awards.
This document appears to be a student research project on alternative dispute resolution focusing on competitive negotiation. It includes an introduction to negotiation principles and styles. It discusses collaborative negotiation and its features. It then defines competitive negotiation, describing it as an aggressive, win-lose approach. The document will compare and contrast collaborative and competitive negotiation, ultimately criticizing the latter approach. It includes headings for chapters on negotiation, styles, competitive negotiation, and a comparison of the two approaches.
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.
This document summarizes the statutory machinery for preventing and settling industrial disputes in India. It discusses works committees, joint management councils, conciliation officers, boards of conciliation, courts of enquiry, labor courts, industrial tribunals, national tribunals, voluntary arbitration, negotiation, mediation, and their roles in resolving industrial disputes through consultation, conciliation, negotiation, and adjudication. The goal of this machinery is to resolve disputes at the lowest level possible and promote amicable settlements between employers and workers.
This document discusses conflict and dispute management. It begins by defining different levels of conflict, including intrapersonal, interpersonal, intergroup, and international. Sources of conflict include personal differences, incompatible goals/roles, organizational climate/change, social differences, limited resources, and communication gaps.
Methods of conflict resolution include avoidance, diffusion, containment, confrontation, conciliation, mediation, arbitration, and litigation. Dispute resolution methods discussed are adjudication and arbitration. Adjudication involves a third party making a binding decision, while arbitration refers disputes being decided by an arbitrator.
The key differences between mediation, adjudication, arbitration, and litigation are also summarized, such as costs, timeframes,
This document provides an overview of alternative dispute resolution (ADR) methods. It introduces ADR and defines it as any means of settling disputes without litigation. The main ADR methods discussed are mediation, arbitration, neutral evaluation, negotiation and conciliation. Mediation uses a neutral third party to help parties reach an agreement. Arbitration involves binding decisions by expert arbitrators. Neutral evaluation involves early case presentations to a neutral expert. Negotiation and conciliation allow parties to explore solutions with the help of a third party. Other methods mentioned include expert determination, appointing an independent solicitor, and collaborative law.
This presentation is about how Internet can serve as a medium of dispute Resolution for various commercial and contractual disputes. Delivered at a CIAC conference in India by Cyberlaw expert, Karnika Seth it describes various ODR models available on Internet in India and other countries and discusses steps required to be adopted for its implementation in India .
Alternative dispute resolution (ADR) describes ways for parties to settle civil disputes without formal court hearings, using arbitration, mediation, or conciliation with an independent third party. Common types of ADR include arbitration, where a specialist decides the dispute, and mediation, where an independent mediator helps facilitate settlement discussions between the parties. The Civil Procedure Rules encourage parties to attempt ADR before full litigation and courts can impose costs penalties if parties unreasonably refuse ADR offers.
The document discusses the principle of peaceful settlement of disputes under international law. It outlines several key points:
1) One of the major objectives of the UN, according to Article 1(1) of the Charter, is to peacefully resolve international disputes.
2) Article 2(3) obligates UN member states to settle international disputes peacefully in a manner that preserves international peace and security.
3) Article 33 lists several peaceful means for resolving disputes, including negotiation, inquiry, mediation, conciliation, arbitration, and judicial settlement. These are divided into diplomatic and adjudicative means.
4) The document then provides more details on specific peaceful dispute resolution mechanisms like negotiation, mediation,
The document summarizes a presentation on arbitration given to the Institute of Chartered Accountants of India. It defines arbitration as an alternative dispute resolution process where neutral arbitrators, rather than courts, resolve disputes. The presentation outlines the benefits of arbitration like confidentiality, speed and cost savings. It also discusses the types of arbitration and sources of laws governing arbitration like the Arbitration and Conciliation Act of 1996 in India. Key topics covered include arbitration agreements, composition of arbitral tribunals and appointment and substitution of arbitrators.
This document discusses various dispute resolution methods, beginning with avoidance and negotiation, then exploring mediation, conciliation, arbitration, and litigation. It provides definitions and explanations of each method, including how they differ in terms of the level of third party involvement and whether the outcome is binding or non-binding. Examples of each method are given. Professional arbitration bodies and centers in Nigeria and other countries are also listed.
This document discusses alternative dispute resolution (ADR). It defines ADR as resolving disputes without a trial through processes like arbitration, mediation, and neutral evaluation. The document outlines the philosophies and goals of ADR, including encouraging settlement, adopting a win-win approach, integrating parties' interests, and complying with social norms. It also discusses the success of ADR in Bangladesh, noting statistics that show high rates of cases being resolved through mediation and ADR mechanisms in family courts and other laws.
Chapter 5 - Developments in Multimedia and Internet Licensing - The Licensing...Tim Hsieh
Chapter 5, "Developments in Multimedia and Internet Licensing" in the treatise The Licensing Update (2009) (Aspen Publishers). By Leonard T. Nuara, Daniel A. Feuerstein, Wendy M. Mantell and Timothy T. Hsieh.
Vol. 8 No. 2, May 2017 ISSN 2156-7964 URL httpwww.iMoseStaton39
Vol. 8 No. 2, May 2017
ISSN 2156-7964
URL: http://www.iacajournal.org
Cite this as: DOI:
Copyright:
International Journal For Court Administration | May 2017 30
Ca n Artificia l Intelligence And Online Dispute Resolution Enha nce Efficiency And
Effectiveness In Courts
By John Zeleznikow1
Abstract:
The growing rise in the number of self-represented litigants has negative implications for both the court system and
access to justice. The expanding use of Artificial Intelligence and the World Wide Web has led to the development
and use of Online Dispute Resolution. In this article, we investigate a number of systems in Australian Family Law
that enhance Alternative Dispute Resolution and Access to Justice. We discuss how a hybrid system that
incorporates advice about Best Alternatives to Negotiated Agreements (BATNAs) and potential trade-offs as well as
allowing online communication can enhance access to justice.
Keywords: Self-Represented Litigants, Access to Justice, Online Dispute Resolution, Artificial Intelligence
1. Introduction
The growing rise in the number of litigants who represent themselves in court has undesirable consequences for the
administration of justice (Zeleznikow 2002). As early as 1999, a study conducted for the American Bar Association in the
Supreme Court of Maricopa County, Arizona, USA indicated that at least one of the parties were self-represented in over
88% of domestic relations cases and both parties were self-represented in 52% of the cases. Meachem (1999) reports
that 24,416 of the 54,693 cases opened in the US Court of Appeals in 1999 were filed by pro se appellants 2. Many pro se
appellants have neither the financial resources nor the legal skills to conduct their own appeals. Quatrevaux (1996) notes
that there is a shortfall in legal systems for poor persons residing in the United States.
In Washington State, for example, a 2003 study found that more than three-quarters of all low-income households
experience at least one civil (not criminal) legal problem each year. In the aggregate, low-income people experience more
than one million important civil legal problems annually; low-income people face more than 85% of their legal problems
without help from an attorney. The United States Courts are overwhelmed with a flood of Self Represented litigants, who
represent as much as eighty percent of the caseloads in certain jurisdictions, and millions of others who don't get to court
at all (Almeida 2013).
Branting (2001) claims that domestic abuse victims are particularly likely to have few resources and little opportunity to
obtain the services of a lawyer. He states that the growth of the consumer movement has increased the trend for pro se
litigation. The growing availability of books, document kits and computerized forms—together with the increasing
availability of legal materials on the World Wide Web—has increased the opportunities ...
What is cyber law?
What is cyber crime?
Cybercrimes areas
what law relating to
Data protection and privacy
Software Licensing Issues
IT acts
Policy Versus Law
Codes of Ethics and Professional Organizations
This document provides notes on the Law of Information Technology. It discusses key concepts like information technology, cybercrime, cybercrime mapping, and the roles of police under the IT Act 2000. It also explains theories around jurisdiction in cyberspace, including types of jurisdiction recognized in international law. The document notes objectives of the IT Act 2000 and aspects it covers, like electronic governance, electronic records, and various cyber offenses and their punishments. It concludes with explaining e-commerce and its legal aspects, including e-taxation and e-banking.
Online Euromediation: Mediation via electronic meansAndrés Vázquez
This article offers an approach to different mechanisms for using ICT as vector supports in
online conflict resolution via electronic mediation of disputes.Particularly, in the European and
Spanish stage, as well as an advance of the regulatory treatment which protect them, along with
some reflections and analysis of contribution that ODR tools make accessible to the mediators
and the parties to assist them in their goal to resolve disputes by reliable electronic systems that
optimize the benefits of the mediation process.
feb 2018 - Sub22 - The impact of new and emerging information and communicati...Timothy Holborn
This document provides input to the Parliamentary Joint Committee on Law Enforcement regarding the impact of new information and communications technologies. It discusses issues with current law enforcement systems and platforms, and opportunities to incorporate web technologies to improve performance. Specifically, it argues that adopting machine-readable digital records and identity systems using cryptography and linked data could help address problems in areas like financial crimes, family law, and mental health responses. This would better equip law enforcement while promoting accountability and access to justice.
1. Cyber law governs rules related to use of the internet and addresses legal issues like intellectual property, privacy, freedom of expression, and jurisdiction.
2. Cyber law encompasses laws around cyber crimes, digital signatures, intellectual property, data protection, and privacy. The Information Technology Act, 2000 was enacted in India to regulate e-commerce, cyber crimes, and other cyber activities.
3. Regulation of cyber space can occur through norms, law, architecture (technological design), or market forces. As online interactions increase, cyber law is important to balance individual privacy with organizations' interests while addressing new legal challenges of technology.
The document discusses cyber law and the need for regulations governing cyberspace. It defines key terms like electronic signature, digital signature, and hacking. It explains that cyber law is needed because cyberspace has no respect for jurisdictional boundaries, allows anonymity, and cyber crimes can happen globally within hours. The theft of digital information is easier to commit than physical theft and requires legal provisions to address criminal behavior online.
Will the Internet Be Bad for Democracy Eli M. NoamProfessor a.docxalanfhall8953
Will the Internet Be Bad for Democracy?
Eli M. Noam
Professor and Finance and Economics
Director, Columbia Institute for Tele-Information
Graduate School of Business, Columbia University
November 2001, Camden, Maine
“Digital Citizens appear startlingly close to the Jeffersonian ideal--they are informed, outspoken, participatory, passionate about freedom, proud of their culture, and committed to the free nation in which it has evolved…”
“…Politicians shouldn’t even dream of talking to [Digital Citizens] about the past – or the present for that matter.Digital Citizens don’t care about today; they want to know about tomorrow…”
(Wired Magazine 1997)
When the media history of the 20th Century will be written, the Internet will be seen asitsmajor contribution. Television, telephone, and computers will be viewed as its early precursors, merging and converging into the new medium just as radio and film did into TV. The Internet’s impact on culture, business, and politics will be vast, for sure. Where will it take us? To answer that question is difficult, because the Internet is not simply a set of interconnecting links and protocols connecting packet switchednetworks, but it is also a construct of imagination, an inkblot test into which everybody projects their desires, fears and fantasies.
Some see enlightenment and education. Others see pornography and gambling. Some see sharing and collaboration; others see e-commerce and profits. Controversies abound on most aspects of the Internet. Yet when it comes to its impact on democracy process, the answer seems unanimous.[1] The Internet is good for democracy. It creates digital citizens (Wired 1997) active in the vibrant teledemocracy (Etzioni, 1997) of the Electronic Republic (Grossman 1995) in the
[footnoteRef:1]Digital Nation (Katz 1992). Is there no other side to this question? Is the answer so positively positive? [1: [1]Exceptions are Bimber (1998) and Blau (1998)]
The reasons why the Internet is supposed to strengthen democracy include the following:
1.The Internet lowers the entry barriers to political participation.
2.It strengthens political dialogue.
3.It creates community.
4.It cannot be controlled by government.
5.It increases voting participation.
6.Itpermits closer communication with officials.
7.It spreads democracy world-wide.
Each of the propositions in this utopian populist, view, which might be called is questionable. But they are firmly held by the Internet founder generation, by the industry that now operates the medium, by academics from Negroponte (1995) to Dahl (1989), by gushy news media, and by a cross-party set of politicians who wish to claim the future, from Gore to Gingrich, from Bangemann to Blair.
I will argue, in contrast, that the Internet, far from helping democracy, is a threat to it. And I am taking this view as an enthusiast, not a critic. But precisely because the Internet is powerful and revolutionary, it also affects, and even destroys, all.
This letter from Latin American civil society organizations expresses support for discussions among MERCOSUR member states regarding mass surveillance practices. It notes concerns about systematic monitoring of communications without oversight or accountability. The letter calls for a transparent, participatory process to regulate the internet in a way that ensures freedom of expression, universal access, an open network structure, privacy protections, and free flow of information. It urges MERCOSUR governments to establish forums for dialogue with civil society and experts to make decisions about internet policy and regulation that preserve these principles while also studying national security systems to ensure compliance with international human rights standards.
1. The document discusses several issues that can impede investigations of cybercrimes. While technology has enabled vast data searches, it also creates problems for investigators dealing with large amounts of information.
2. It outlines barriers such as obtaining witness cooperation, determining the appropriate jurisdiction, logistical challenges of international investigations, identifying suspects, challenges with search and seizure due to encryption, and locating relevant digital evidence.
3. Resolving these issues requires harmonizing laws globally, improving technical investigative skills, and enhancing information sharing and international cooperation between public and private sectors.
Running Head INTERNET TECHNOLOGY AND ITS UESES IN VARIOUS AREAS .docxcharisellington63520
Running Head: INTERNET TECHNOLOGY AND ITS UESES IN VARIOUS AREAS
PROJECT REPORT
ON
INTERNET TECHNOLOGIES IN VARIOUS AREAS
PRACTICUM PROJECT I
Submitted By:
Abstract
Technologies have become a part of many people's everyday life, they are now used any time and everywhere. These technologies take many forms such as smart phones, smart TV’s, laptops, etc….
In today’s world, the computer system or as other people like to call it “the mechanical brain” has the most impact on our lives, since it is used in different field and by different industries. Nowadays, hospitals, education system as well as retail industry all use the computer system to accommodate the constant changes that they are facing and also to improve the service they are providing.
Introduction
Interconnected network of networks is known as internet. In other words, it is an electronic communications network that connects, communicates and exchange information among the computers around the world by following certain sets of rules called Protocol. Today, internet has become an essential part of every human being’s day to day activity. Right from the communication industry to banking industry, hospitals, schools, or even research were the internet is most used by a lot of people in their daily basis work.
Internet is handling abundant traffic right now and it is even called as information super highway. For example exchanging information through Email, Facebook, Google, online shopping through Amazon, eBay, purchasing airline tickets, movies… all rely on Internet to complete these tasks.
Internet Technologies used in different Sectors
1. Teaching: One of the most important aspects of human life is education, which is a lifelong learning process. Therefore, information should be available anytime and anywhere which is only possible through means of internet technologies. Some of the technologies that can be used in teaching are:
a) Blogging- A blog is a term used to describe interactive website where information are maintained by bloggers which can be viewed and commented by others. Blogging allows students and instructors to post their thoughts about any new and interesting subject. The posts can be viewed, discussed and commented by other students. This is a very easy method of interaction and communication among people from all around the world.
b) Electronic Books: The internet technology allows us to view publication; books, journals and all others research material in digital form. This means people do not have to rely on hard copy books and other materials. This also will help us save our environment by producing less paper.
c) Podcasts: Podcasts is a digital recording of media, music, news which can be downloaded from the internet to any portable devices such as phone, computer, laptops tablets etc. This has made the learning process more interesting, since students have full control of information and can repeat as many times as they wa.
This document discusses intellectual property rights (IPR) enforcement and digital rights management (DRM) in the context of copyright protection online. It notes the challenges of regulating copyright in the digital environment due to attributes like plasticity, transmissibility and processibility of digital content. While DRM aims to curb piracy by embedding ownership data, mere prevention is not enough - enforcement is also needed. The document analyzes issues around jurisdiction, liability and balancing author/user interests regarding fair use. It recommends a cautious approach for India that considers economic circumstances and affordable access to knowledge, rather than strict DRM adherence seen in developed countries.
ID IGF 2016 - Hukum 3 - Peran Negara dalam Kedaulatan SiberIGF Indonesia
Presented by Kristiono (Masyarakat Telematika / Mastel)
ID IGF 2016
Sesi Hukum 3 - Mewujudkan Kedaulatan dan Ketahanan Siber Indonesia
Jakarta, 15 November 2016
Because the technology is used largely in the last decades; cybercrimes have become a significant
international issue as a result of the huge damage that it causes to the business and even to the ordinary
users of technology. The main aims of this paper is to shed light on digital crimes and gives overview about
what a person who is related to computer science has to know about this new type of crimes. The paper has
three sections: Introduction to Digital Crime which gives fundamental information about digital crimes,
Digital Crime Investigation which presents different investigation models and the third section is about
Cybercrime Law.
Cyber law deals with legal issues related to communications technology and the internet. It involves many areas of law due to the internet intersecting issues like intellectual property, privacy, and jurisdiction. Net neutrality, which affects internet infrastructure regulation, is an important aspect of cyber law. Jurisdiction and sovereignty are also major issues as a single online transaction can involve the laws of multiple countries. Free speech online raises questions about regulating speech through cyberspace.
CTO Cyber Security Conference Key Note Address by UK Security Ministersegughana
1. Baroness Pauline Neville-Jones gave a keynote speech at the Commonwealth Telecommunications Organisation's first conference on cyber security, highlighting the importance of international cooperation on cyber issues.
2. She argued that cybercrime costs the UK economy £10 billion annually, and that countries must work together through organizations like the CTO to share best practices, build legal frameworks, and develop technical standards to address vulnerabilities that affect all nations.
3. Baroness Neville-Jones proposed five priorities for international cooperation: harmonizing cybercrime laws; building common resources like digital forensics training; capacity building; sharing threat information; and developing norms of responsible behavior in cyberspace.
This document summarizes key points from an Italian legislative commission studying a proposed "Bill of Rights for the Internet". It discusses how human rights must adapt to the digital sphere, with concepts like net neutrality, platform interoperability, and digital impact assessments. Specific rights addressed include the right to one's online identity, rights and safeguards for people using platforms, and criteria for internet governance that respects its open and democratic nature. The document advocates designing "civic media" to help people connect not just with those they like, but also those needed to work together on issues.
Internet Jurisdiction: Who controls the Internet?CubReporters.org
This presentation examines the legal conflicts that can arise due to the Internet being borderless and different countries having different laws. Possible solutions are offered.
The document provides an overview of the history and components of the Internet. It discusses how the Internet is a decentralized network of interconnected computer networks that use standard protocols to share information globally. It describes the hardware infrastructure of servers and telecommunications networks, as well as the main software applications used, including email, Usenet, chat, and the World Wide Web. It also covers definitions, terminology, types of connections, governance, social impacts, and common uses of the Internet.
Best practices for project execution and deliveryCLIVE MINCHIN
A select set of project management best practices to keep your project on-track, on-cost and aligned to scope. Many firms have don't have the necessary skills, diligence, methods and oversight of their projects; this leads to slippage, higher costs and longer timeframes. Often firms have a history of projects that simply failed to move the needle. These best practices will help your firm avoid these pitfalls but they require fortitude to apply.
Unveiling the Dynamic Personalities, Key Dates, and Horoscope Insights: Gemin...my Pandit
Explore the fascinating world of the Gemini Zodiac Sign. Discover the unique personality traits, key dates, and horoscope insights of Gemini individuals. Learn how their sociable, communicative nature and boundless curiosity make them the dynamic explorers of the zodiac. Dive into the duality of the Gemini sign and understand their intellectual and adventurous spirit.
SATTA MATKA SATTA FAST RESULT KALYAN TOP MATKA RESULT KALYAN SATTA MATKA FAST RESULT MILAN RATAN RAJDHANI MAIN BAZAR MATKA FAST TIPS RESULT MATKA CHART JODI CHART PANEL CHART FREE FIX GAME SATTAMATKA ! MATKA MOBI SATTA 143 spboss.in TOP NO1 RESULT FULL RATE MATKA ONLINE GAME PLAY BY APP SPBOSS
Starting a business is like embarking on an unpredictable adventure. It’s a journey filled with highs and lows, victories and defeats. But what if I told you that those setbacks and failures could be the very stepping stones that lead you to fortune? Let’s explore how resilience, adaptability, and strategic thinking can transform adversity into opportunity.
The APCO Geopolitical Radar - Q3 2024 The Global Operating Environment for Bu...APCO
The Radar reflects input from APCO’s teams located around the world. It distils a host of interconnected events and trends into insights to inform operational and strategic decisions. Issues covered in this edition include:
Top mailing list providers in the USA.pptxJeremyPeirce1
Discover the top mailing list providers in the USA, offering targeted lists, segmentation, and analytics to optimize your marketing campaigns and drive engagement.
The 10 Most Influential Leaders Guiding Corporate Evolution, 2024.pdfthesiliconleaders
In the recent edition, The 10 Most Influential Leaders Guiding Corporate Evolution, 2024, The Silicon Leaders magazine gladly features Dejan Štancer, President of the Global Chamber of Business Leaders (GCBL), along with other leaders.
At Techbox Square, in Singapore, we're not just creative web designers and developers, we're the driving force behind your brand identity. Contact us today.
Call8328958814 satta matka Kalyan result satta guessing➑➌➋➑➒➎➑➑➊➍
Satta Matka Kalyan Main Mumbai Fastest Results
Satta Matka ❋ Sattamatka ❋ New Mumbai Ratan Satta Matka ❋ Fast Matka ❋ Milan Market ❋ Kalyan Matka Results ❋ Satta Game ❋ Matka Game ❋ Satta Matka ❋ Kalyan Satta Matka ❋ Mumbai Main ❋ Online Matka Results ❋ Satta Matka Tips ❋ Milan Chart ❋ Satta Matka Boss❋ New Star Day ❋ Satta King ❋ Live Satta Matka Results ❋ Satta Matka Company ❋ Indian Matka ❋ Satta Matka 143❋ Kalyan Night Matka..
[To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
This presentation is a curated compilation of PowerPoint diagrams and templates designed to illustrate 20 different digital transformation frameworks and models. These frameworks are based on recent industry trends and best practices, ensuring that the content remains relevant and up-to-date.
Key highlights include Microsoft's Digital Transformation Framework, which focuses on driving innovation and efficiency, and McKinsey's Ten Guiding Principles, which provide strategic insights for successful digital transformation. Additionally, Forrester's framework emphasizes enhancing customer experiences and modernizing IT infrastructure, while IDC's MaturityScape helps assess and develop organizational digital maturity. MIT's framework explores cutting-edge strategies for achieving digital success.
These materials are perfect for enhancing your business or classroom presentations, offering visual aids to supplement your insights. Please note that while comprehensive, these slides are intended as supplementary resources and may not be complete for standalone instructional purposes.
Frameworks/Models included:
Microsoft’s Digital Transformation Framework
McKinsey’s Ten Guiding Principles of Digital Transformation
Forrester’s Digital Transformation Framework
IDC’s Digital Transformation MaturityScape
MIT’s Digital Transformation Framework
Gartner’s Digital Transformation Framework
Accenture’s Digital Strategy & Enterprise Frameworks
Deloitte’s Digital Industrial Transformation Framework
Capgemini’s Digital Transformation Framework
PwC’s Digital Transformation Framework
Cisco’s Digital Transformation Framework
Cognizant’s Digital Transformation Framework
DXC Technology’s Digital Transformation Framework
The BCG Strategy Palette
McKinsey’s Digital Transformation Framework
Digital Transformation Compass
Four Levels of Digital Maturity
Design Thinking Framework
Business Model Canvas
Customer Journey Map
Understanding User Needs and Satisfying ThemAggregage
https://www.productmanagementtoday.com/frs/26903918/understanding-user-needs-and-satisfying-them
We know we want to create products which our customers find to be valuable. Whether we label it as customer-centric or product-led depends on how long we've been doing product management. There are three challenges we face when doing this. The obvious challenge is figuring out what our users need; the non-obvious challenges are in creating a shared understanding of those needs and in sensing if what we're doing is meeting those needs.
In this webinar, we won't focus on the research methods for discovering user-needs. We will focus on synthesis of the needs we discover, communication and alignment tools, and how we operationalize addressing those needs.
Industry expert Scott Sehlhorst will:
• Introduce a taxonomy for user goals with real world examples
• Present the Onion Diagram, a tool for contextualizing task-level goals
• Illustrate how customer journey maps capture activity-level and task-level goals
• Demonstrate the best approach to selection and prioritization of user-goals to address
• Highlight the crucial benchmarks, observable changes, in ensuring fulfillment of customer needs
Brian Fitzsimmons on the Business Strategy and Content Flywheel of Barstool S...Neil Horowitz
On episode 272 of the Digital and Social Media Sports Podcast, Neil chatted with Brian Fitzsimmons, Director of Licensing and Business Development for Barstool Sports.
What follows is a collection of snippets from the podcast. To hear the full interview and more, check out the podcast on all podcast platforms and at www.dsmsports.net
Part 2 Deep Dive: Navigating the 2024 Slowdownjeffkluth1
Introduction
The global retail industry has weathered numerous storms, with the financial crisis of 2008 serving as a poignant reminder of the sector's resilience and adaptability. However, as we navigate the complex landscape of 2024, retailers face a unique set of challenges that demand innovative strategies and a fundamental shift in mindset. This white paper contrasts the impact of the 2008 recession on the retail sector with the current headwinds retailers are grappling with, while offering a comprehensive roadmap for success in this new paradigm.
Event Report - SAP Sapphire 2024 Orlando - lots of innovation and old challengesHolger Mueller
Holger Mueller of Constellation Research shares his key takeaways from SAP's Sapphire confernece, held in Orlando, June 3rd till 5th 2024, in the Orange Convention Center.
4. Liberia is a country in West Africa that was
founded in 1820 by free American Slaves and
became an independent country in 1847.
It has a current population of 3.7 million
people. Of that population, only 15% is
literate (can read and write English).
4
5. Although the use of land line telephones
dates back in the 1970s, it was only
concentrated in the capital of Monrovia for
government offices and for families that
could afford to pay the bills.
Today, there are four private mobile
companies providing cellphone services in
the country. Namely: 1. the Lone Star Tele –
Communication Network, 2. COMIUN 3.
CELLCOM and 4. The Liber Cell Network.
5
6. The 5th service provider in this sector is the
state owned telecommunication network
called the Liberia Telecommunication
Corporation (Libtelco). It is designated as a
National Operator, responsible to provide
fixed wireless phone, wireless Internet and
fax services to the public.
6
7. The fixed wireless phone services are available
for use as desk phone in public offices, at homes
as well as in various business enterprises and
other entities.
About 35% of the population in Liberia makes
use of cell phones to communicate and about 1%
uses the land line to communicate while less
than 1% uses the fax system to communicate.
(See
http://www.enlightenmenteconomics.com/assets
/africamobile.pdf)
7
8. The use of desktop computers and laptops are
new to Liberia. The use of desktop computers
dates back in the late 1980s for few government
offices and use of laptop computers widely began
in 1996.
About 5% of the population knows how to use
computer and about 3% uses the internet to
communicate especially through
emails, Facebook but Skype is still new to the
Liberian public. Less than 30 public corporations
and private companies own their own website.
8
9. The phrase ―alternative dispute resolution
refers to looking outside the courtroom
setting to resolve some disputes that are civil
in nature.
In other words, Alternative Dispute Resolution
("ADR") processes are alternative methods of
helping people resolve legal problems before
going to court. ADR involves an independent
third person, called a "neutral" who tries to
help resolve or narrow the areas of conflicts.
9
10. The use of ADR early in a case can result in the
more efficient, cost-effective resolution of
disputes with greater satisfaction to the parties.
More besides, one ADR method is
voluntary, private and confidential, quick and
inexpensive, informal and unstructured, parties
control the process, parties make their own
decisions and reach their own agreements (third
party facilitate and guides the negotiation
process for common ground), negotiated
agreements can be enforceable, and could result
in a win-win solution.
10
11. Dispute is a fact of life. We face problems and
disagreements all the times: at home, on the
job, and in our neighborhoods. Not all these
disputes are serious, and we may choose to
ignore some without any consequences.
However, some are more serious and cannot
be ignored. If they are not dealt with, they
may become worse and take time and money
to resolve.
(See http://www.sagepub.com/upm-
data/40152_Chapter9.pdf)
11
12. Going to court is one way of settling a
dispute and Liberia has no national
accreditation system for ADR. However, it can
be costly and time consuming to use the
traditional means for the court system to
resolve disputes. Moreover, it is not always a
satisfying process for the parties involved.
More and more, people are looking outside
the courtroom for quicker and potentially less
costly alternatives for resolving disputes.
12
13. I strongly support the view that
integrated civil justice system
wherein the courts are a forum of
last resort, supported by
other, closely related techniques
for ensuring the law is open to all.
13
14. The European Commission suggests that:
―ADRs offer a solution to the problem of
access to justice faced by citizens in many
countries due to three factors:
1. the volume of disputes brought
before courts is increasing;
2. the proceedings are becoming
lengthier and;
3. the costs incurred by such
proceedings are increasing (See-Directive 2008/52/EC of
the European Council and of the Parliament of 21 May 2008 on Certain Aspects of
Mediation in Civil and Commercial Matters, O.J. No. L.136, 24/5/2008, p.3, available at
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:136:0003:0008:EN:PDF.)
14
15. Unlike the United States of America and other
developed countries, the Liberian courts and
the Liberian people have not yet recognized
the effectiveness of ADR as a tool for settling
disputes. The traditional means of going to
court and some minimal levels of family
gathering to find a common ground between
the parties are still upheld.
15
16. There are many alternative methods used
nowadays to resolve disputes. Some of these
are:
1.Mediation,
2. Negotiation and
3. Arbitration methods.
(See
http://www.law.cornell.edu/wex/alternative_di
spute_resolution)
16
17. In fact the emerging development especially
in developed countries are the use of ―On-
line mediation‖ to resolve disputes that would
normally take years to reach a settlement in a
traditional court method of litigation. These
online methods are the use of set-up
websites (internet) that parties can file their
complaints and the mediator have the ability
to manage such information provided until
the matter is resolved.
17
18. For example: 1. The use of a fax
machine, and 2. Telephone (cell phone
and use of text messages), 3. snail
mail, and the internet (email and website
services) are gradually replacing the
court system to resolve civil disputes like
personal injury claims, domestic
relations, labor matters etc (See-Ethan Katsh &
Janet Rifkin , Online Dispute Resolution: Resolving Disputes in
Cyberspace, p.118,2001)
18
19. This presentation will endeavor to explore
and introduce alternative methods to resolve
conflicts in Liberia with the use of modern
technology (fax machine, the use of cell
phones/ telephone and somewhat by the use
of the internet) especially so given Liberia‘s
limited resources of human capital
development and technology.
19
20. My presentation will focus on two alternative
methods to resolve dispute in Liberia:
1. Mediation method using the fax to
communicate, and;
2. Mediation method using the phone
(landline and cellphone-text messages) to
communicate and resolve civil disputes.
These will be followed by recommendations
and conclusion.
20
21. A fax (short for facsimile), sometimes called
telescoping, is the telephonic transmission of
scanned printed material (both text and
images), normally to a telephone number connected
to a printer or other output device. The original
document is scanned with a fax machine (or a
telecopier), which processes the contents (text or
images) as a single fixed graphic image, converting it
into a bitmap, the information is then transmitted as
electrical signals through the telephone system. The
receiving fax machine reconverts the coded
image, printing a paper copy. Before digital
technology became widespread, for many
decades, the scanned data was transmitted as
analog.(See-
http://en.wikipedia.org/wiki/Fax).
21
22. Although businesses usually maintain some kind
of fax capability, the technology has faced
increasing competition from Internet-based
alternatives. Fax machines still retain some
advantages, particularly in the transmission of
sensitive material which, if sent over the Internet
unencrypted, may be vulnerable to
interception, without the need for telephone
tapping. In some countries (like Liberia), because
electronic signatures on contract documents are
not recognized by law while faxed contracts with
copies of signatures are, fax machines enjoy
continuing support in business.
22
23. In many corporate environments, standalone
fax machines have been replaced by "fax
servers" and other computerized systems
capable of receiving and storing incoming
faxes electronically, and then routing them to
users on paper or via an email (which may be
secured). Such systems have the advantage of
reducing costs by eliminating unnecessary
printouts and reducing the number of
inbound analog phone lines needed by an
office.
23
24. Attorneys in Liberia are amongst the 15%
educated Liberians and also among the 3% of the
population that use the internet to communicate.
I supposed, the fax method of communicating
information to a neutral third party could be the
fastest technological method (than the snail mail)
by which a mediator could receive a timely
information to resolve a dispute. Parties will not
have to travel long distances to file their
complaints and submit evidence to a third party
mediator which is cost saving and easy.
24
25. Much of the power of mediators resides in their
control over the process of communication. The
richer the interaction, the more mediators can
use their skills to assist the parties to move
toward consensus. Mediators do this not simply
by letting the parties talk but by managing the
flow and exchange of information. In order to
properly preserve the information received by
fax, the third party neutral mediator can scan the
documents and store them in a special folder on
his computer and also on other backup storage
devices.
25
26. The concept of mediation is a voluntary process in which an
impartial person (the mediator) helps with communication and
promote reconciliation between the parties which will allow them
to reach a mutually acceptable agreement.
Mediation often is the next step if negotiation proves
unsuccessful. The use of mediation is to
1. define problems or disputes,
2. settle those disputes,
3. manage conflict,
4. formulate policy;
5. negotiate contracts;
6. prevent conflicts and other specific functions.
( See
http://www.taosinstitute.net/Websites/taos/Images/PhDPrograms
CompletedDissertations/Susi%20Riva%20-
%20Conflict%20Narratives.pdf)
26
27. The mediator manages the process and helps
facilitate negotiation between the parties. A
mediator does not make a decision nor force
an agreement. The parties directly participate
and are responsible for negotiating their own
settlement or agreement.
27
28. At the beginning of the mediation session, the
mediator will describe the process and the
ground rules. The parties or their attorneys have
an opportunity to explain their views and submit
documents in evidence to support their
arguments of the dispute. A mediator helps each
side better understands the other's point of view.
Sometimes, the mediator will meet separately
with each side. Separate "caucusing" can help
address emotional and factual issues as well as
allow time for receiving legal advice from your
attorney. Mediations are generally held in the
office of the mediator or other agreed location.
28
29. If an agreement is reached, it will generally be
reduced to writing. Most people uphold a
mediated agreement because they were a
part of making it. It can become a contract
and be enforceable. If there is no
agreement, you have not lost any of your
rights and you can pursue other options such
as arbitration or going to trial.
29
30. It has been said that the best method of dispute
resolution is for the parties to become
adversarial through a face to face confrontation
and given that English is a second language
spoken in Liberia, the parties or their attorneys
might not be so comfortable with their pleadings
without physical appearance before a mediator to
argue their case. In this regard, the third party
mediator, after reading the parties complaint
documents and pieces of evidence, he must
develop a form -in question form- of the facts
stated in the complaint and fax it to the parities
to answer.
30
31. For example, the question could be:
COMPLAINANT: 1. You said you purchase two
town lots from Defendant‘s father in 1966 .Did
you probate the land deed within two years of
the purchase and if so, can you fax me a copy
in two days? 2. Have you been cleaning the
land since you purchase it and if so when was
the last time you did so?
31
32. DEFENDANT: 1. you said you have no
knowledge of your father selling, leasing or
conveying the land in question to Complainant
and at no time to the best of your knowledge
you neither saw Complainant cleaning the
property nor built any structure on it. If the
contrary is proved by Complainant, will you be
willing to restore his rights and pay his
expenses for going through this mediation
process?
32
33. In this regard, the mediator has to be fair and
transparent by furnishing the parties with the
responsive forms along with his findings.
The Mediator must employ ethical standards:
competency and confidentiality to build trust.
Writers in the field of mediation normally
espouse a code of conduct that mirrors the
underlying principles of the mediation
process (See-Ethan Katsh & Janet Rifkin , Online Dispute
Resolution: Resolving Disputes in Cyberspace, p.145-
167, 2001).
33
34. In this respect some of the most common aspects of mediator
codes of conduct include:
1. a commitment to inform participants as to the process
of mediation;
2. the need to adopt a neutral stance towards all parties
to the mediation, revealing any potential conflicts of
interest;
3. the requirement for a mediator to conduct the
mediation in an impartial manner;
4. within the bounds of the legal framework under which
the mediation is undertaken any information gained by
the mediators should be treated as confidential;
See http://www.slideshare.net/lizzywolf/conflict-mediation-
course
34
35. 5. mediators should be mindful of the
psychological and physical wellbeing of all
the mediations participants;
6. mediators should not offer legal advice, rather
they should direct participants to appropriate
sources for the provision of any advice they
might need;
7.mediators should seek to maintain their skills
by engaging in ongoing training in the
mediation process;
8.Mediators should practice only in those fields in
which they have expertise gained by their own
experience or training. (See
http://www.slideshare.net/lizzywolf/conflict-mediation-course)
35
36. In view thereof, I think the mediation process using
the fax machine to communicate information for an
alternative dispute resolution will work better for
Liberia than the email method because only a small
portion of the population knows how to use computer
(and the internet) and in fact, the internet system is
mostly concentrated in the capital of Monrovia.
Unlike the internet system for email
communication, the fax system can work to every
county in the country because of the presence of the
Liberia telecommunication Network in the country.
This method can help to speed up communication of
complaints and documents to support the complaints
for the mediators to help resolve such dispute as they
arise.
36
37. The emerging phenomenon driving the world
crazy today is the use of modern technology:-
Cellphone and the Internet. These modern
gadgetries have created a global village for the
peoples of the world to relate to one another in a
speedier and most effective ways than it has ever
been in the past. Cellphones enables one to
communicate to friends across the globe at any
time anywhere while the internet technology has
replaced the snail mail that took days, weeks or
even months to reach the receiver.
37
38. The internet technology has made it even
possible to physically see friends across the
globe in a live discussion through the use of
for examples: 1. Skype, 2. Ovoo, etc.
Mediators across the world are also making
maximum use of these technologies to
resolve disputes.
38
39. However, the uses of these modern technologies
are only possible and meaningful if they are
adequately available to the population and the
population is aware of their importance and are
educated to use them well. As mentioned, Liberia
has 15% literacy rate and of the 15% literate
population only 3% is computer literate.
Moreover, the internet service in Liberia is not as
strong as developed countries have and internet
service providers are very few and concentrate
only in the capital city of Liberia –Monrovia and
its environ. Therefore, the use of internet to
resolve disputes would be far-fetched. (See-
http://www.liberianbooks.org/faqsanswers.html)
)
40. What would be possible however for ADR in
Liberia is the use of telephone and
cellphones. About 65% of the population uses
both telephones and cellphones to
communicate in and out of the country. This
is so because as mentioned, there are four
cellular companies in the country and no one
pays cellphone bill nor are cut off for refusing
to buy minutes from the cellular companies.
40
41. Unlike developed countries, people in Liberia can
receive calls from anyone in the world without
being bill by the cellphone companies. All they
need to do is to make sure their cellphone
batteries are sufficiently recharged with power to
enable them receive calls. They will however not
be able to make calls if they didn‘t buy minutes.
In fact, cellphones are cheaper in Liberia that
average Liberians can afford to buy as low as
US$10.00 (which is about $700.00 (Liberia
Dollars).
41
42. A mediator can make maximum use of this medium
(cellphone) to resolve disputes at any time anywhere in the
country once he follows the principles of mediation:
1. Voluntariness,
2. Informed Consent,
3. Self-Determination,
4. Impartiality
5. Confidentiality,
6.Avoiding Conflict of interest,
7. Honesty and
8. Competence/professional role boundaries
(See-
http://www.bostonresolution.com/BDRS_services_mediation_pri
nciples.html; and see also- David A. Hoffman, Mediation:
Approaches and Insights(Juris Publishing 2003)).
42
43. Voluntariness-In order to work, mediation
must be a voluntary process where the parties
enter freely into mediation and any resulting
resolution. The parties are free to end
participation in mediation at any time. No
coercion is required in entering into agreement
to resolve a dispute;
(See
http://www.godr.org/files/APPENDIX%20C,%20
CHAP%201,%206-1-2012.pdf)
43
44. Informed Consent-Before consenting to
participate in mediation, the parties have the
right to be informed about the mediation
process as well as their legal rights and
options. Mediators make every effort to
ensure that the parties are fully informed
about, and consent to, the mediation or other
ADR process, before and during the
mediation session; (See
http://meetings.abanet.org/webupload/commupload/DR018000
/sitesofinterest_files/Cooley-LoveArticle.pdf)
44
45. Self-Determination-The parties—not the
mediator—will define the scope of the issues
at mediation, and will determine the
outcome;
Impartiality-The parties are entitled to a fair
and impartial process, including a
neutral, impartial mediator; (See
https://www.legis.iowa.gov/DOCS/ACO/CR/LINC/06-27-
2013.chapter.11.pdf)
45
46. Confidentiality-Knowing that the mediation is
confidential enables the parties to speak
freely and explore options without fear that
what they communicate at the mediation
might be used against them in court if the
dispute is not resolved. In addition to the
overall confidentiality of the
mediation, parties also may request that
certain information expressed in the presence
of the mediator in a private caucus not be
shared with the other parties; (See
http://www.adr.gov/pdf/final_confid.pdf)
46
47. Honesty- For mediators, the duty of honesty
means, among other things, full and fair
disclosure of:
(a) their qualifications and prior experience,
(b) any fees that the parties will be charged
for the mediation, and
(c) any other aspect of the mediation which
may affect their willingness to participate
in the process; (See
http://bostonlawcollaborative.com/blc/72-
BLC/version/default/part/AttachmentData/data/2005-07-mediation-
ethics.pdf?branch=main&language=default)
47
48. Conflict of interest- Mediators must avoid serving in cases
where they have a direct personal, professional, or financial
interest in the outcome of the dispute. This duty becomes
more complicated where the mediator‘s interest is indirect –
e.g., she works in a firm with someone who has an interest in
the outcome, or she is related to someone who has such an
interest. If the disclosure is made well in advance of the
mediation, so that the parties have the opportunity to choose
another mediator, their acceptance of the mediator – after full
disclosure -- generally resolves the potential conflict. In
some cases, however, the mediator should decline the case if
the conflict is so severe that even waiver does not cure it, or
the appearance of impropriety is so strong that it cannot be
resolved by full disclosure; (See
http://www.courts.state.nh.us/rules/pcon/pcon-1_7.htm)
48
49. Competence/professional role boundaries-
Mediators have a duty to know the limits of
their ability; to avoid taking on assignments
they are not equipped to handle; and to
communicate candidly with the parties about
their background and experience. Sometimes
the parties want a mediator with subject
matter expertise (such as divorce), or a
particular set of process skills (such as
multiparty public policy negotiations).
(See
http://www.spa.ga.gov/pdfs/wfp/GA_framework.pdf)
49
50. If the mediator adheres to these principles he can
initiate an ADR Process using cellphones to
resolve disputes. He can make use of text
messages and voice mail and even video
recordings to gather data regarding the case.
Audio testimonies can also enhance the
mediation process especially if the parties are
unable to attend the mediation process or the
parties can call or leave a voice mail detailing
his/her complaint and the mediator will respond
objectively and communicate the defendant
regarding the complaint and the mediator can
arrange a meeting between the parties.
50
51. The Court may enforce any agreement reached at
mediation. The parties to the mediation could
ensure explicit consent of each other, to request
that the content of a written agreement resulting
from mediation be made enforceable. The
content of such an agreement can be made
enforceable unless, in the case in question, either
the content of that agreement is contrary to the
law of the State. If the parties conclude an
agreement settling a dispute, that settlement
agreement should be binding and enforceable.
( See http://www.venable.com/files/Publication/f252c81a-4fb7-4288-
8975-a445e82c1da8/Presentation/PublicationAttachment/7ad39b6f-
f345-4512-b9a6-17df1201ffeb/988.pdf)
51
52. The enforceability of outcomes is an important
feature of dispute resolution processes. A
decision of a court is legally binding and is
enforceable by the parties to the dispute and
enables the final resolution of a dispute. It is
important to note that mediation processes are
not binding in themselves, but agreements
reached through those processes can be made
binding. (See 1.
http://www.iphandbook.org/handbook/ch15/p0
3/, 2. http://en.wikipedia.org/wiki/Mediation)
52
53. For example, a mediated agreement can be in
a binding contract, which can then be
enforced in court. It has been argued that
mediated agreements may prove to be long
lasting than imposed settlements, such as
court orders, because the parties have
voluntarily participated in drawing up the
terms of the agreement and
are, therefore, more likely to adhere to the
terms of the agreement; (See
http://www.nadr.co.uk/articles/published/mediation/m
ediated_agreements.pdf)
53
54. Another example is , a structured
settlement with payment terms within a
party‗s ability to pay is much more likely
to be paid and useful to the other party
than a court money judgment which
leaves the prevailing party with the
unhappy task of moving forward with
collection actions as the loser simply
cannot make the payment. ( See
http://www.lawreform.ie/_fileupload/Reports/r98ADR.pdf)
54
55. Government of Liberia (GOL)
Bill Gate Foundation;
American Bar Association (ABA);
Knight Foundation;
Global Benefits Group (GBG) ;
Human Rights International Justices Recent Grant ;
International Bar Association;
Us International Grants Making Council On
Foundation;
The American Society Of International Law Fellowship
And Research Opportunity;
Council On Foundation ( International Legal Grant
Making), and;
USAID
55
56. It is important to reiterate that the potential
benefits of ADR, including the cost and time
effectiveness of the processes, must be
balanced against the reality that mediation
can also be seen as an additional layer on
civil litigation where it does not lead to a
settlement and that every step along the way
drives up the costs of litigation.
Furthermore, one should consider that there
are a number of cases which do not lend
themselves well to ADR processes.
56
57. One such category, for instance, would
include those disputes involving allegations
of illegality or impropriety. ―Cases based on
allegations of fraudulent conducts or illegal
behavior (criminal conducts) is not conducive
to mediation because the polarized positions
that characterized these disputes inhibit
discussion. Moreover, they often place the
mediator in an impossible ethical position.
57
58. ADR may not be appropriate in some cases
where power imbalances may exist which put
the parties on an unequal footing, allowing
one party to place undue pressure on the
other. The result may be that one party may
impose their solution on the other side. In
other cases there may be uncertainties in the
law which needs to be clarified, either
because there is a lot at stake in a particular
case, or because its outcome could affect a
number of other cases.
58
59. Sometimes legal precedents need to be relied
on, or to be established for future cases.
There are cases in which public interest
dictates that a public hearing should take
place and a public decision be made.
Furthermore, any case in which a party is
motivated to engage in an ADR process, but
only for improper tactical reasons, is not one
appropriate for resolution through ADR.
59
60. The corollary to the general rule that some types of
cases ought not to be resolved through ADR
processes is that parties to specific types of disputes
should nearly always be encouraged to consider
mediation. I think disputes which are most amenable
to resolution through mediation include:
1. appropriate family law disputes;
2. appropriate employment law disputes;
3. property disputes and, in particular,
i. boundary disputes;
ii. probate disputes,
4. appropriate medical negligence claims; and
5. commercial and consumer disputes.
60
61. While it is difficult to set out general categories of cases which
are appropriate for resolution through mediation , it can be
suggested that features of appropriate cases include:
1. where the parties wish to restore or maintain their
relationship with the other party (parents, business
partners, siblings);
2. claims where the monetary and non-monetary costs
of litigation are disproportionately high in comparison
to the issues in dispute;
3. claims where one or both parties are seeking remedies which
are not available through the traditional court system (such
remedies may include: an apology, an explanation; flexibility
in relation to financial repayments; changes in administrative
procedures); and
4. where the parties wish to resolve the dispute in a confidential
and private manner.
61
62. It is also important to note here that not all
cases are suitable for resolution by ADR, just
as the court based adversarial process is not
suitable for all cases. The decision to use ADR
should be made on the basis of a range of
factors including:
1. how best to serve the specific interests
of the parties and
2. how best to ensure that justice is
accessible, efficient, and effective for the
parties involved.
62
63. With regards to enforceability of the agreement
reached by the parties, I recommend that:
1. a Court may, on the application of the
parties to any written agreement,
reached a mediation, enforce the terms
of that agreement where it is satisfied
that is appropriate to do so.
2. The courts should remain impartial to
enforce the parties agreement irrespective
of status in society of the parties involved.
63
64. I also recommend that property boundary
disputes are appropriate for resolution
through mediation and those parties should
be advised by their legal representatives to
consider and attempt mediation or
conciliation in such disputes prior to the
commencement of litigation. Moreover, the
courts should continue to be pro-active in
advising parties in property disputes and to
consider the adjournment of hearings to
allow the parties to consider mediation.
64
65. And as mentioned, due to Liberia‘s limited
resources and human capital
development, the use of internet and
websites to resolve dispute would be far-
fetched, however, the use of other methods
like fax machines, cellphones and audio
recorders can be used for out of court
settlement of disputes.
65
66. All that is required is national legislation to
encourage Liberians to go to mediation
before resorting to a traditional court system
especially to enforce the agreement reached
by the parties that was signed prior to going
to mediation. The court may set aside the
findings of a mediator or decision by
arbitrators if it is contrary to the laws of
Liberia or the agreement was reached by
duress, coercion, or fraud.
66
67. Mediation is time saving, less costly, and can
enhance peace, friendship and lasting good
relationship between the parties.
Indeed, Liberia needs concerted efforts to
ensure legislation for mediation and for the
courts to create national awareness and
encourage people to seek mediation first
before litigation.
Mediation will help to strengthen peace in
Liberia.
67