This document provides an overview of alternative dispute resolution (ADR) methods and how they compare to litigation. It discusses the inefficiencies and backlog issues with litigation. The key ADR methods like mediation, arbitration, and negotiation are introduced. The document highlights advantages of ADR like flexibility, confidentiality and cost savings compared to litigation which can be lengthy, public, and expensive. It also notes some potential disadvantages of ADR like lack of precedent setting and enforceability. Overall the document provides a helpful introduction to understanding ADR approaches versus traditional litigation.
‘Remoteness’ refers to the test of causation that is used to determine the loss caused by a breach of contract. It limits the ability of the plaintiff to recover damages to not too remote losses
‘Remoteness’ refers to the test of causation that is used to determine the loss caused by a breach of contract. It limits the ability of the plaintiff to recover damages to not too remote losses
In response to rising court costs, delays and congestion, the need to facilitate access to justice and to provide more 'effective' forms of dispute resolution, the phenomenon known as ADR was born.
This presentation provides an overview of Alternative Dispute Resolution (ADR) and different ADR mechanisms used all over the world.
Motion before the Federal Court;
Bill of Costs as award of the Federal Court of Canada to the Right Honorable Major Keyvan Nourhaghighi who won a case against three Crown lawyer
File T-1020-07
ALTERNATIVE DISPUTE RESOLUTION 2022_ Handling the ArbitrationFinancial Poise
The final episode will go through presenting your case and claims to the arbitrator or panel, including how to handle discovery demands and discovery disputes. When to decide if you really should make a motion and what motions are viable or make sense. Whether objections during the hearing are appropriate, various methods of testimony and the use of expert witnesses. How to prepare pre-trial statements, exhibit lists and witnesses for the arbitration. We will also cover the post-arbitration submissions and awards.
Part of the webinar series: ALTERNATE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
In response to rising court costs, delays and congestion, the need to facilitate access to justice and to provide more 'effective' forms of dispute resolution, the phenomenon known as ADR was born.
This presentation provides an overview of Alternative Dispute Resolution (ADR) and different ADR mechanisms used all over the world.
Motion before the Federal Court;
Bill of Costs as award of the Federal Court of Canada to the Right Honorable Major Keyvan Nourhaghighi who won a case against three Crown lawyer
File T-1020-07
ALTERNATIVE DISPUTE RESOLUTION 2022_ Handling the ArbitrationFinancial Poise
The final episode will go through presenting your case and claims to the arbitrator or panel, including how to handle discovery demands and discovery disputes. When to decide if you really should make a motion and what motions are viable or make sense. Whether objections during the hearing are appropriate, various methods of testimony and the use of expert witnesses. How to prepare pre-trial statements, exhibit lists and witnesses for the arbitration. We will also cover the post-arbitration submissions and awards.
Part of the webinar series: ALTERNATE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
Top 5 Methods for Resolving UK Construction DisputesSarah Fox
According to the Arcadis Global Disputes Survey 2016, the average value of a construction dispute is near $46m and it takes over 16 months to resolve. This guide looks at your
five main options to resolve a dispute in the UK construction industry. It compares litigation (court proceedings), arbitration, adjudication, negotiation and mediation.
The author is Sarah Fox 500 Words Ltd and you can get regular tips for construction contracts to help you avoid disputes and the need for dispute resolution methods in her fortnightly tips sheet http://just500words.co.uk/signup.
Construction disputes arise from environmental and behavioural factors. There are many different causes of disputes in the construction industry. Disputes waste money, therefore drain profits and destroy the relationship and it takes energy away from projects.
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construction ppt presentations
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART II 2022
See more at https://www.financialpoise.com/webinars/
If you need help in securing your business against conflicts, disputes and arguments? You are at the right place!
Private court is legal, trusted fast and simple justice providing platform.
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ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/adr-settlement-2021/
BUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docxfelicidaddinwoodie
BUSINESS LAW PAGES 28-55
Alternative Dispute Resolution
Many firms find that using alternative dispute resolution (ADR) methods to resolve their legal problems offers many benefits. The term ADR refers to the resolution of legal disputes through methods other than litigation, such as negotiation, mediation, arbitration, summary jury trials, minitrials, neutral case evaluations, and private trials.
alternative dispute resolution (ADR)
The resolution of legal problems through methods other than litigation.
Why might a business prefer ADR to litigation? First, ADR methods are generally faster and cheaper. According to the National Arbitration Forum, the average time from filing a complaint to judgment through litigation is 25 months.9 Because ADR is faster, it is usually cheaper. According to the American Intellectual Property Law Association, for cases valued in the $1 million to $25 million range, the average total cost of patent litigation for each party through the close of discovery is $1.9 million.10 Through the end of trial, the average cost to each party is $3.5 million. Thus, if a party can resolve a dispute through alternative dispute resolution, this can save a significant amount of money.
Second, a business may want to avoid the uncertainty associated with a jury decision; many forms of ADR give the participants more control over the resolution of the dispute. Specifically, the parties can select a neutral third party, frequently a person with expertise in the area of the dispute, to help facilitate resolution of the case. Third, a business may want to avoid setting a precedent through a court decision. Fourth, a business may prefer ADR because it is confidential. Fifth, because many forms of ADR are less adversarial than litigation, ADR allows the parties to preserve a business relationship.
Courts also generally support the use of ADR, which alleviates some of the pressure on the overwhelming court dockets. Congress has recognized the benefits of ADR methods through its enactment of the Alternative Dispute Resolution Act of 1998. This act requires federal district courts to have an ADR program along with a set of rules regarding the program. Additional evidence of congressional support for ADR comes from the passage of the Administrative Dispute Resolution Act, which mandates that federal agencies must create internal ADR programs.
Primary Forms of ADR
LO 3-5 How are the various forms of alternative dispute resolution used by businesses today?
Negotiation
Many business managers make frequent use of negotiation, a bargaining process in which disputing parties interact informally, either with or without lawyers, to attempt to resolve their dispute. No neutral third party is involved. Thus, negotiation differs from other methods of dispute page 51resolution because the parties maintain high levels of autonomy. Some courts require parties to negotiate before they bring their dispute to trial.
negotiation
A bargaining process in whic.
BUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docxdewhirstichabod
BUSINESS LAW PAGES 28-55
Alternative Dispute Resolution
Many firms find that using alternative dispute resolution (ADR) methods to resolve their legal problems offers many benefits. The term ADR refers to the resolution of legal disputes through methods other than litigation, such as negotiation, mediation, arbitration, summary jury trials, minitrials, neutral case evaluations, and private trials.
alternative dispute resolution (ADR)
The resolution of legal problems through methods other than litigation.
Why might a business prefer ADR to litigation? First, ADR methods are generally faster and cheaper. According to the National Arbitration Forum, the average time from filing a complaint to judgment through litigation is 25 months.9 Because ADR is faster, it is usually cheaper. According to the American Intellectual Property Law Association, for cases valued in the $1 million to $25 million range, the average total cost of patent litigation for each party through the close of discovery is $1.9 million.10 Through the end of trial, the average cost to each party is $3.5 million. Thus, if a party can resolve a dispute through alternative dispute resolution, this can save a significant amount of money.
Second, a business may want to avoid the uncertainty associated with a jury decision; many forms of ADR give the participants more control over the resolution of the dispute. Specifically, the parties can select a neutral third party, frequently a person with expertise in the area of the dispute, to help facilitate resolution of the case. Third, a business may want to avoid setting a precedent through a court decision. Fourth, a business may prefer ADR because it is confidential. Fifth, because many forms of ADR are less adversarial than litigation, ADR allows the parties to preserve a business relationship.
Courts also generally support the use of ADR, which alleviates some of the pressure on the overwhelming court dockets. Congress has recognized the benefits of ADR methods through its enactment of the Alternative Dispute Resolution Act of 1998. This act requires federal district courts to have an ADR program along with a set of rules regarding the program. Additional evidence of congressional support for ADR comes from the passage of the Administrative Dispute Resolution Act, which mandates that federal agencies must create internal ADR programs.
Primary Forms of ADR
LO 3-5 How are the various forms of alternative dispute resolution used by businesses today?
Negotiation
Many business managers make frequent use of negotiation, a bargaining process in which disputing parties interact informally, either with or without lawyers, to attempt to resolve their dispute. No neutral third party is involved. Thus, negotiation differs from other methods of dispute page 51resolution because the parties maintain high levels of autonomy. Some courts require parties to negotiate before they bring their dispute to trial.
negotiation
A bargaining process in whic.
Get all the information related to companies act 2013/1956 including its rules, draft rules, forms, notifications, circulars, orders, definitions, guidelines, schedules, etc.
https://www.nclt.in/about.php
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
3. • 1.0 Litigation : Inefficiency & Backlog of Cases in Courts???
Source: Jabatan Kehakiman Malaysia’s website
4. • 1.0 Litigation : Inefficiency & Backlog of Cases in Courts???
Source: Jabatan Kehakiman Malaysia’s website
5. • 2.0 What is Litigation?
• Banking Litigation, Debt Recovery, Execution & Enforcements Proceedings
• Commercial Litigation
• Construction Disputes & Arbitration
• Disputes Involving Breach Of Contract Or Quasi Contract
• Factoring Disputes
• Foreclosure Proceedings
• Hire Purchase/ Leasing Claims
• Insolvency Advice Pertaining To Liquidation, Winding Up, Bankruptcy, Special Administrator,
Restructuring, Appointment of Receivers & Managers
• Landlord & Tenant Disputes
• Labour Disputes
• Applications Under The Malaysian Companies Act, Financial Services Act & Islamic
Financial Services Act
• Partnership Disputes
• Shareholder Disputes
• Tortious Disputes, Such As Defamation Or Negligence
• Etc…
6. • Alternative Dispute Resolution ("ADR") refers to any means of settling
disputes outside of the courtroom. ADR typically includes early neutral
evaluation, negotiation, conciliation, mediation, and arbitration. As
burgeoning court queues, rising costs of litigation, and time delays continue
to plague litigants, more states have begun experimenting with ADR
programs. Some of these programs are voluntary; others are mandatory.
7. • 2.0 What is Litigation?
Civil/Commercial/
Personal
Criminal 1. Schedule [Paragraph 2a]
of the Mediation Act
2012- NON
APPLICATION
2. Section 4 of the
Arbitration Act 2005
8. • 3.0 ADR vs Litigation
• Alternative Dispute Resolution (“ADR”) refers to any method of resolving
disputes without litigation.
• All ADR methods have common characteristics – i.e., enabling the parties to
find admissible solutions to their conflicts outside of traditional legal / court
proceedings, but are governed by different rules. For instance, in negotiation
there is no third party who intervenes to help the parties reach an
agreement, unlike in mediation and conciliation, where the purpose of the
third party is to promote an amicable agreement between the parties. In
arbitration, the third party (an arbitrator or several arbitrators) will play an
important role as it will render an arbitration award that will be binding on the
parties. In comparison, in conciliation and mediation, the third party does not
impose any binding decision.
9. • 3.0 ADR vs Litigation
• If all the ADR methods are different, they should not be compared and
confronted because in practice, the parties combine the use of these
different ADRs. For instance, the parties may stipulate in their contracts that
in the event of a dispute they will first submit to an attempt at amicable
settlement (conciliation/mediation) and only in the event of failure will they
resort to a judicial method of settlement, which may be arbitration or
recourse to the State justice system. ADRs therefore come into play at
different levels and have a complementary character.
• The main advantages of ADR are rapidity, confidentiality and flexibility.
• Public courts may be asked to review the validity of ADR methods, but they
will rarely overturn ADR decisions and awards if the disputing parties formed
a valid contract to abide by them.
10. • 3.0 ADR vs Litigation
• Mediation has been applauded for its efficiency as compared to the normal
route of litigation or arbitration as it assists parties to resolve their disputes
through the following benefits:
• Neutral mediator – As a neutral third party, a mediator can lead negotiations
and assist parties to communicate constructively and recommend solutions
which would mutually benefit all parties in reaching an amicable settlement;
• Swift resolution of disputes – Disputes can be resolved in a timely manner in
contrast to litigation or arbitration as mediation is flexible and less
procedural. It dispenses the inevitable need to use experts, often from
multiple disciplines in addition to a number of witnesses for court
proceedings;
• Amiable approach – Due to its non-confrontational procedure, disputes are
less likely to affect relationships between parties as resolution of disputes
are mutually agreed upon by parties;
11. • 3.0 ADR vs Litigation
• Flexible solutions – Parties can resolve all outstanding issues once and for
all since settlement agreement can be tailored comprehensively to address
other related or potential issues in the future;
• Confidentiality – Communications during the mediation process are strictly
“without prejudice”, confidential and privileged and cannot be disclosed in
any court or arbitration proceedings
• Misconduct may not remain confidential- Case: Mullins v Legal Services
Commissioner [2006] LPT 12; and
• Economical – Mediation is proven as less costly than litigation or arbitration.
12. • 3.0 ADR vs Litigation
• Rules of Court 2012
• Order 34 rule 2(2) (a) provides that the Court may order or direct the parties
to resort to mediation as a means of settling their dispute during pre-trial
case management. Order 59 rule 8 (c) gives the court discretion to decide
the costs by taking into account the conduct of the parties to settle the
dispute amicably by others by way of mediation.
• Rules for Court Assisted Mediation
• This rule, which was authored by a judicial officer in Sabah, serves as easy
reference for all judicial officers who act as mediators, including those in
Peninsular Malaysia (Ravinthran, 2011). The said rule acts to supplement
the 2016 Practice Direction and the Rules of Court 2012. However, it is not
widely observed in Peninsular Malaysia as in East Malaysia.
13. • 3.1 Reasons for Growth of ADR
• Difficulties ‘accessing justice’ through adversarial litigation and the Litigation
Deterrents (emotional, time and money costs).
• Desirability of addressing broader (non-legal) interests and needs of parties
including the desire to preserve ‘relationships’.
• Parties have increased control.
• Relationships can remain intact.
• Reputations can be protected.
• ADR approaches can be “interest based” rather than “positional” leading to
possible win/win solutions instead of win/lose or lose/lose.
14. • 4.0 Advantages of ADR Over Litigation in Dispute Resolutions
• Determinative / Decisional Process
• Facilitative Process
• Advisory Process
• Comprehensive Control over Process
• Element of Confidentiality
• Saving Time and Money
• Arbitration Expertise
• 'Final' Award
• Providing social values
15. • 4.0 Disadvantages of Litigation
• Lack of confidentiality surrounding proceedings and it is usually open to
public and also media.
• Long lasting trials and appeal processes. There is no doubt that court
proceedings last longer than that of ADR mechanism due to the existence of
wide range of appellate proceedings and high volume docket numbers.
• Excessive cost of pursuing litigation.
• Lack of independent or impartial judiciary and corrupted system.
16. • 4.0 Disadvantages of Litigation
• The litigation steps above are indicative of a complex litigation in a higher
court.
• Litigation process varies significantly depending on the Court, the judge, the
• parties, the nature and complexity of the dispute, the nature and complexity
of the remedy sought, the issues in dispute, whether the dispute is primarily
factual, legal or a mixture.
• Litigation is changing e.g. more on line processes and a move away from
• discovery.
17. • 4.0 Disadvantages of ADR
• ADR: Stumbling Blocks:
• Negotiation: The power balance is tipped and you’re the weaker party.
• Your concerns about maintaining a business relationship exceeds the other
party, who might not be as vested in the process.
• Mediation: You or the other party is entirely focused on power or control.
• The legal rights favour one party and they see no reason to compromise.
• One party wants or requires a public decision that resolves the dispute and
sets a precedent.
• Arbitration: The relationship is damaged beyond repair.
• The credibility of the parties or witnesses is an issue.
• One of the parties is seeking a remedy that can’t be granted by an arbitrator.
18. • 4.0 Disadvantages of ADR
• Not suitable for some cases eg test cases
• Lack of procedural protection [reasons/evidence/appeals]
• Lack of enforceability
• Less access to other side’s information
• May increase cost, if unsuccessful
• May add to delay- be used tactically
• No procedural ‘fairness’.
19. • 5.0 Comparison of forms of ADR and litigation
• Example 1:
• Plaintiff serves offer of compromise on 4/1/2022 for RM1,000,000 plus costs
as agreed or assessed.
• Defendant rejects offer.
• Judgment entered for RM2,000,000 on 22/3/2022
• Issue: What type of cost order will the plaintiff apply for?
• Rationale – offer was better than what offeree was entitled to.
• Offeree (def) should have accepted RM1M offer.
• Incentive to accept reasonable offers.
20. • 5.0 Comparison of forms of ADR and litigation
• Class exercise (group work)
21. • TUTORIAL 2: QUESTIONS
1. ADR is a mechanism that helps parties achieve what they really need.
Explain how this objective is achieved.
2. Discuss in detail the following terms pertaining to ADR and out-of-court
settlement:
(i) Pre Trial Case Management
(ii) Trial by reference (US)
(iii) Pre-litigation settlement
3. Differentiate a “dispute” and a “conflict”. Provide examples to explain their
differences.
… continued
22. • TUTORIAL 2: QUESTIONS
4. What are the necessary characteristics of an effective ADR mechanism?
Can all disputes be settled by way of ADR? How do they differ from the criteria
required in dispute resolution via the ordinary judicial process?