They may or may not be a member of the legal profession, but are required to hear both sides of the dispute, then meet with the parties, and focus on a mutually beneficial solution to the issue. Mediation is less formal than arbitration, and tries to ensure that parties "really want a solution" to the issues and will work to find said solution. Arbitration, however, usually requires a judge or attorney, and is similar to a court proceeding. Often, both sides must agree to the decision by the arbitrator to be binding, and typically, arbitration avoids lengthy trial proceedings. In arbitration, both sides state their position, witnesses may be called, and the arbitrator can probe both sides as appropriate (McLean and Williamson, 2008; Raynor). For a win-win situation to occur, open and honest communication and finding common ground seems the best alternative. Litigation can be costly, time-consuming and ultimately dissatisfying. Since both parties have a lot to lose monetarily, productively, and in personal relationships, alternative means might be the best route. ADR is a series of ways to settle disputes other than using the adversarial court system. Some of the processes are voluntary, others...
Some states require individuals to try arbitration or mediation prior to coming to court; and usually the economic benefits to doing so are staggering. ADR tend to reduce financial risks (high lawyer fees, Court costs, etc.) as well as being a way to proactively and positively find solutions to problems based on an attitude of win-win. ADR assumes that both parties wish resolution, and avoids long and protracted proceedings (Raynor, 2006).
Traditional Land Tenure in the Modern Pacific The Nature of Traditional Land Tenure in the Pacific The land utilization and development necessary for a modern Pacific state could feasibly occur at reasonably good clip. Hughes suggests that, "all Pacific islands could be viable at high standards of living within a generation if they adopted policies that match their endowments" (2004, p. 1). This line of thinking is decidedly that of a non-indigenous
traditional litigation and pursuing ADR in this case. Litigation is becoming more prevalent within developed countries. As aspects of wealth inequality, poor economic prospects, and low job prospects taking hold, many individuals are elected to use the court system as a means of getting rich. Due to the sheer volume of cases that were being seen by the courts, the process has now become very slow. It is not uncommon
Ngos & Human Rights in Africa Non-governmental organizations have had an unprecedented effect on international human rights in the African system. NGOs have been recognized for their forward thinking ability in improving international human rights in Africa. NGOs participation in the African Human Rights system has been in two ways. The first is through international and government commissions like the OAU, with some having rights to participate in public meetings. This presents
E-Discovery in the 21st CenturyToday, litigants in the United States have a number of tools available to them which can be used to build their cases, including most especially the use of so-called �e-discovery� to facilitate the acquisition of documentary evidence that can be used in civil and criminal proceedings. Unlike the conventional subpoena duces tecum, though, e-discovery strategies are akin to drinking from a firehose in terms of the
picture of how nonprofit organizations balance their procurement processes by applying a phenomenological method to investigate the procurement methods, by categorizing the knowledge of participants. This involved the analysis of survey results in order to pinpoint the fundamental challenges that nonprofits face in conjunction with finding a means of improving the procurement processes. This was an investigation founded on an intensified approach to epistemology. Other models, such as the
Both parties present evidence to a neutral party. However, the neutral party acts as a mediator, not simply as a finder of fact. The neutral attempts to help the parties settle the dispute based upon the neutral's evaluation of the case. The mini-trial suffers from the same drawbacks as the summary jury trial. However, its greatest strength is that, once the neutral has shown both parties their likelihood of
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