The Future of Alternate Dispute Resolution in the English Legal System

2013 ◽  
Author(s):  
Temitope Obasaju Stephen
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
The Future ◽  
Alternate Dispute Resolution

The Future of Religious Arbitration in the United States: Looking Through a Pluralist Lens

2020 ◽  
pp. 900-927
Author(s):  
Michael A. Helfand
Keyword(s):  
United States ◽  
Dispute Resolution ◽  
Legal System ◽  
Legal Pluralism ◽  
The United States ◽  
Full Potential ◽  
American Press ◽  
The Future ◽  
Dual Objectives ◽  
The U.S

In recent years, religious arbitration has received increasing attention both in the American press and academy. For some, this attention is driven by concern that state enforcement of decisions issued by religious tribunals has the power to undermine the objectives of the U.S. legal system. For others, it is driven by a recognition that religious arbitration enables communities to enhance their process of dispute resolution by ensuring that it comports with shared religious principles and values. And, as is often the case, both perspectives contain important elements of truth. As a paradigmatic legal pluralism institution, religious arbitration has the capacity to both enhance and undermine the U.S. legal system. But if U.S. law is to capitalize on the growing religious arbitration system within its jurisdiction, it must identify both the range of unique benefits religious tribunals provide as well as the unique challenges they present. This chapter takes a first step in that direction, using legal pluralism as a lens to explore the motivations driving the religious arbitration regime in the United States. In so doing, it considers how both state and nonstate law can benefit from the religious arbitration system, and how those dual objectives require U.S. law to tinker with its treatment of religious arbitration so as to unlock its full potential.

scholarly journals The Alternate Dispute Resolution Movement: Wave of the Future of Flash in the Pan

1969 ◽  
pp. 233
Author(s):  
Howard R. Sacks
Keyword(s):  
Dispute Resolution ◽  
The Future ◽  
Alternate Dispute Resolution

The author discusses the Alternate Dispute Resolution movement and the alternate methods it advocates.

Dispute Processing beyond the Courts: New Complexity, Old Problems

2021 ◽  
pp. 332-336
Author(s):  
Lydia Nussbaum
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Fundamental Assumption ◽  
The Future ◽  
American Legal System ◽  
Dispute Processing ◽  
The Relationship

Nearly four decades after Frank E.A. Sander addressed the Pound Conference, his conception of the role alternative dispute resolution (ADR) can and should play in the American legal system remains profoundly influential. Sander’s remarks focused on alleviating overburdened courts and questioning the fundamental assumption that judges hold a monopoly on resolving disputes. He developed a matrix that crossed dispute characteristics—the nature of a dispute, the relationship between disputants, the amount in dispute, litigation costs, and need for speedy resolution—with different methods of dispute resolution, ranging from courtroom litigation to less formal alternatives such as mediation and negotiation. Sander envisioned a court of the future that considered carefully the interplay of dispute characteristics in order to match dispute types with methods of dispute resolution. By “fitting the forum to the fuss,” courts could lighten judges’ dockets, better serve disputants, and improve the delivery of justice. This idea, that courts could facilitate dispute resolution without judges, was revolutionary....

Climate Displacement and the Legal Gymnastics of Justice: Is It All Political?

2021 ◽  
Vol 35 (2) ◽  
pp. 303-312
Author(s):  
Andrea C. Simonelli
Keyword(s):  
Climate Change ◽  
International Law ◽  
Legal System ◽  
Legal Analysis ◽  
Refugee Convention ◽  
Legal Remedy ◽  
The Future ◽  
Law And Justice ◽  
International Instruments

AbstractThe future for people becoming displaced due to climate processes is still unknown. The effects of climate change are more apparent every day, and those most acutely impacted are still unable to access an appropriate legal remedy for their woes. Two new books evaluate the limits to international legal protections and the application of justice. Climate Change, Disasters, and the Refugee Convention, by Matthew Scott, investigates the assumptions underpinning the dichotomy between refugees and those facing adversity due to climate-induced disasters. Climate Change and People on the Move: International Law and Justice, by Fanny Thornton, goes further by examining how justice is used—and curtailed—by international instruments of protection. Thornton's legal analysis is thorough and thoughtful, but also demonstrative of the limitations of justice when confined by historical precedent and political indifference. With so little still being done to hold industries to account, is it any surprise that the legal system is not yet ready to protect those harmed by carbon pollution? Demanding justice for climate displacees is an indictment of modern Western economics and development; it implicates entire national lifestyles and the institutions and people that support them.

scholarly journals Contextualizing alternate dispute resolution: an agile approach to resolve disputes in infrastructure projects

2020 ◽  
Vol 1 (2) ◽  
pp. 104-116
Author(s):  
Shahin Kabir ◽  
Ammar Younas ◽  
Manish Paul
Keyword(s):  
Dispute Resolution ◽  
Diagnostic Approach ◽  
Infrastructure Projects ◽  
Agile Approach ◽  
Alternate Dispute Resolution

This paper examines the potential disputes in infrastructure projects’ environment, critiques the available Alternate Dispute Resolution options in practice both in local and international jurisdictions and proposes a diagnostic approach to resolve the disputes prevalent in infrastructure projects

scholarly journals Advancing Online Dispute Resolution in Nigeria: Current Opportunities, Legal Challenges and the Ways Forward

2021 ◽  
Vol 11 (2) ◽  
pp. 407-431
Author(s):  
Mujib Akanni Jimoh
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Online Dispute Resolution ◽  
Territorial Jurisdiction ◽  
Legal Challenges ◽  
Legitimate Concern ◽  
The Law ◽  
Court Hearing

The outbreak of COVID-19 has impacted the Nigerian legal system with the introduction of virtual court hearing. Currently, there is no legislation on virtual court hearings in Nigeria. The foregoing notwithstanding, this article examines the constitutionality of this type of hearing and its practicability under the extant laws. Virtual court had been discouraged because of the concern that it may not pass the test of public trial, which is constitutionally guaranteed. This article analyses the provisions of the Constitution as well as available case laws, which suggest that if certain requirements are met, virtual courts may pass the constitutional test of publicity of trial. It is also submitted that the virtual court will not offend the law on territorial jurisdiction. Nonetheless there are some legitimate concern about the issue of evidence, especially examination of witnesses, which may not be best suited for virtual court. Among these are technological inadequacy necessary for virtual court hearings in Nigeria leading to recommendations arising from practices in other jurisdictions.

Deal Mediation: The Future of Alternative Dispute Resolution

2021 ◽  
Vol 10 (2) ◽  
pp. 144-150
Author(s):  
Claude Amar
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
The Future ◽  
Deal Making

Während Mediation als eine exzellente Methode zur Beilegung bereits bestehender Streitigkeiten hinreichend bekannt ist, kann sie sich gerade als Mittel der Konfliktvermeidung als zumindest genauso nützlich erweisen. Obwohl Mediation in dieser Weise noch nicht breitenwirksam eingesetzt wird, sprechen starke Argumente dafür, Mediation nicht nur als Alternative zu etablierten Streitbeilegungsmethoden einzusetzen, sondern sie gezielt als frühes und vorbeugendes Mittel im Bereich des Deal Making zu nutzen. Dieser Beitrag zielt darauf ab, die Vorteile von Mediation in nicht-konventionellen Bereichen und gerade im Zusammenhang mit Deal Making und Deal Management hervorzueheben, und damit ihre weiterreichende Nutzung und Weiterentwicklung zu fördern.

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