ALTERNATIVE DISPUTE RESOLUTION (ADR)

Alternative Dispute Resolution (ADR)



Alternative Dispute Resolution (ADR)

Introduction

Alternative Dispute Resolution (ADR) refers to the state court alternative dispute resolution methods. Most often, these are called structured dispute resolution methods, which described using a third person, a result is found, with this but need not be legally binding. ADR will be met with the inflexibility of the state court process and come to a fairer outcome for parties.

The ADR movement began in the early 1970s in the United States. They began looking for alternatives to the state court proceedings seeking to save time and costs. A major step was taken in 1976 when the Conference on the Causes of Popular Dissatisfaction with the Administration of Justice (known as Pound Conference) in Saint Paul, Minnesota, was founded. Academics, lawyers and court staff joined forces to search for new ways of resolving disputes. The most important and most widely used alternative dispute resolution method is the mediation . In addition, among other things, include the arbitration or the arbitration procedure to do so. Terminology, which gathers all the traditional methods of conflict resolution, alternatives to judicial proceedings.

Discussion

ADR can be domestic or international basis. The two main alternative methods of dispute resolution are arbitration and mediation (or conciliation). The major objectives are in search of some privacy and a genuine desire to overcome the legal proceedings deemed heavy, slow and expensive. These procedures shall be conducted before arbitrators or mediators independent and impartial, chosen for their qualifications and expertise in specific areas.

These alternative procedures because of their flexibility, their speed and cost, are particularly appropriate for disputes relating to domain names which have been put in place a series of electronic methods of dispute resolution (MERL) in the first which include the UDRP which has inspired many others such as ADR for. com. or re ADR procedures. Indeed, in the language devoted to. Eu The term Alternative Dispute Resolution (ADR) refers to the process of alternative dispute resolution of domain name European process that takes place before the Czech Arbitration Court. Among the most widely used forms of alternative dispute resolution, with no presumption of wanting to include all possible forms falling under the acronym of ADR include:

Mediation (conciliation). The Italian translation of the English word mediation simply cannot match all'omofona word "mediation" in our legal system that has the nature of the contract, according to the procedure dictated by Articles 1754 et seq. DC It is a procedure of voluntary and non-formal where the parties choose a neutral third party who guides them, playing the role of facilitator equidistant, the settlement of their dispute, without being able to dictate opinions, let alone decisions binding on the parties themselves. If you need a mediator, usually with the agreement of the parties, may make use of separate meetings with individual parties. The conciliation process may be activated in accordance with a clause expressly provided by the parties in negotiating the agreement governing their relationship, or on the basis of their voluntary ...