答案: (1)ADR的概念 ADR是指选择性争议解决方法,即通过诉讼和仲裁之外的方法解决国际商事争议的各种程序的总称。在实践上,对于何谓ADR,在西方的法律论著中存在两种不同的看法:①ADR泛指诉讼以外的争议解决方法,包括仲裁、调解等方式。②ADR泛指仲裁和诉讼之外的争议解决方法。其中,第二种观点比较符合现代解决国际商事...
“not guilty” to the action. If they plead guilty, the case can be resolved. If they plead “not guilty,” the matter will go to trial. After the trial, the judge will issue a formal decision that will be binding on both parties. Alternative Dispute Resolution aims to avoid this ...
Alternative dispute resolution for energy and infrastructure projects – what are the alternatives?Vincent Rowan
What is an alternative dispute resolution?Dispute:A situation of disagreement and conflict on a certain topic or proposal is known as a dispute. A dispute can result in an argument, quarrel, or even a fight. The method through which a dispute is settled is known as dispute resolution....
dispute resolution? What is alternative dispute resolution?What is alternative dispute resolution?Heinke, Marsha L
Arbitration is just one of several forms of Alternative Dispute Resolution (ADR), a group of methods by which disagreements are settled outside the formal and full-scale judicial process. Compared to court proceedings, ADR's chief advantages are that it is more flexible, simpler, cheaper and qu...
Alternative Dispute Resolution (ADR)is a spectrum of less costly and more expeditious alternatives to litigation, where a neutral party assists the disputing parties in reaching resolution. ADR allows for more creative and collaborative solutions than that of traditional litigation. ...
This research examines "what works" in small claims court alternative dispute resolution ("ADR") processes. Using a comprehensive quasi-experimental design thatCharkoudian, LorigEisenberg, Deborah ThompsonWalter, JamieSocial Science Electronic Publishing...
These cases are emblematic of what is ADR’s superpower: creating binding resolutions that don’t perpetuate acrimony. This is particularly true when the parties will live or work together (or near) one another, in which a compromise is necessary for their future relationship, including the ...
At its best, when both parties are motivated and understand the value of a negotiated, rather than litigated, solution, the result is often a win-win scenario that minimizes costs, needless waste of time and other resources, and allows both parties to get back to the business at hand. ...