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

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Professional Conduct

Encyclopedia of Social Work ◽

10.1093/acrefore/9780199975839.013.308 ◽

2013 ◽

Author(s):

Ann A. Abbott

Keyword(s):

Social Workers ◽

Dispute Resolution ◽

Review Process ◽

Code Of Ethics ◽

Professional Behavior ◽

Professional Conduct ◽

Professional Misconduct ◽

Alternate Dispute Resolution ◽

Professional Review ◽

Over Time

The professional review process delineates procedures for hearing complaints of alleged professional misconduct by members of the National Association of Social Workers (NASW). It provides mechanisms for conducting hearings and alternate dispute resolution via mediation, monitoring professional behavior, and sanctioning and developing corrective actions for NASW members who are in violation of the NASW’s Code of Ethics. The process, originally developed in 1967, has been modified over time to reflect the best identified means for conducting fair hearings and carrying out the most appropriate interventions.

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Integrated Justice in Pakistan: From Legal Pluralism to Normative Convergence

Lex localis - Journal of Local Self-Government ◽

10.4335/16.4.805-820(2018) ◽

2018 ◽

Vol 16 (4) ◽

pp. 805-820

Author(s):

Tahir Mahmood ◽

Sajjad Ali Khan ◽

Shahab Sarwar

Keyword(s):

Conceptual Framework ◽

Dispute Resolution ◽

Legal Pluralism ◽

Court System ◽

Colonial Era ◽

Legal Legitimacy ◽

Enforcement Mechanisms ◽

Dispute Resolution Mechanism ◽

Alternate Dispute Resolution ◽

Parting Ways

Legal pluralism, throughout most of developing countries, has been extant since the onset of colonial era. Manifested in a variety of forms, legal pluralism is inherently characterized by both promises as well as limitations. In Pakistan, legal pluralism is epitomized by the prevalence and functioning of parallel systems of justice such as formal courts and Alternate Dispute Resolution Mechanism (ADRM), such as “Jirga. Poor coordination and tenuous enforcement mechanisms, however, render the formal justice system in Pakistan one of poorest performers in terms of judicial efficacy world-wide. This article seeks to explore the possibility of a convergence between traditional and modern models of dispute resolution, i.e. Jirga and court system and the resultant efficacy thereof through devising a conceptual framework. The framework reveals that both formal courts and Jirga demonstrate marked discrepancies concerning their efficacy with respect to the provision of justice and dispute resolution. Findings from the field, however, evince that Jirga stand out to be a relatively more effective mechanism of dispute resolution than formal courts. The conceptual framework, however, implies that by converging both systems it is possible to cope with the limitations of each of the two systems such that while courts could provide legal legitimacy to the Jirga by improving its decency and accountability through regulations, Jirga could enhance the legitimacy of courts by improving its accessibility and transparency through feedback mechanisms. The article concludes by way of arguing that instead of parting ways with each other, both courts and jirga shall seek to go hand in hand in order avoid delays in the provision of justice.

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A model for proactive mediation of construction disputes

Canadian Journal of Civil Engineering ◽

10.1139/l95-002 ◽

1995 ◽

Vol 22 (1) ◽

pp. 15-22 ◽

Cited By ~ 5

Author(s):

Francis T. Hartman ◽

George F. Jergeas

Keyword(s):

Dispute Resolution ◽

Construction Industry ◽

Cost Reduction ◽

Alternative Dispute Resolution ◽

Construction Disputes ◽

Area Of Interest ◽

New Process ◽

The Cost ◽

Alternate Dispute Resolution ◽

Management Contracts

Alternative dispute resolution methods remain an area of interest and study because of the continued increase in the incidence of disputes, be they claims or litigation. Practice in the industry tends to stimulate litigation if negotiation of claims is unsuccessful. At variance with this is the declared preference of construction industry practitioners for mediation over arbitration and for arbitration over litigation. Mediation has had a high success rate when used in construction dispute resolution. The cost of mediation is significantly lower than litigation or arbitration. The probability of the parties to the dispute being able to work together effectively after the dispute has been resolved is higher, and the dispute can be resolved more quickly than by arbitration or litigation. This paper presents the findings of a study undertaken to identify a better process for construction contracting. An essential part of the new process is the use of proactive mediation. Proactive mediation is the use of a mediator prior to a dispute arising to help identify and address potential problems before they become difficult or unsolvable issues. The proposed methodology has been tested through a process which obtained the input of over 60 senior industry practitioners. Key words: mediation, construction management, contracts, claims, cost reduction, alternate dispute resolution, risk management.

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