Alternative Dispute Resolution in Non-Union Employee Relations In 2010, Ellen Pao (a woman, who according to Slate magazine is educated in business, law and engineering) filed a discrimination suit against her employer, Kleiner Perkins. In 2015, after a trial that lasted nearly one month, the jury found in favor of Kleiner Perkins. Although this wasn’t the outcome that people had hoped for, many believed that the case represented an important moment for professional women: Despite Pao’s loss, the
review of the literature discusses the history of ADR and conflict management. Additionally, this section discusses the four principal ADR processes Mediation, Arbitration, Negotiation and Conciliation as part of the conflict resolution mechanisms. The theoretical framework and guiding theories were explored. Finally, this chapter analyses the legislative framework in both at National and International arena. 2.1.1 Alternative Dispute Resolution ADR is a generic term that refers to a wide array of
Discuss the processes available in alternative dispute resolution and explain its advantages and disadvantages. Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts
In resolving a dispute, several factors have to be considered. Factors such as the nature of the conflict, the role of the parties resolving the dispute, the rights and interests of the parties and the procedures used to resolve the dispute.The court system is an unpleasant means of dispute resolution when it comes to civil or domestic issues.When resolving such issues, alternative means should be consulted. The first part of this paper will look at Alternative Dispute Resolution and some of its
The litigation is the formal and conventional way in dispute resolution over the centuries of time. Courts are traditional, recognizable forums in which litigation is adjudicated (Kennedy and Richards, 2004). Even though there are number of methods available outside the court system litigation is still act a major role in dispute resolution as the conventional method. But with the time people identified limitations of the system which created uncomfortable situations to users due to certain drawbacks
clear that informal processes like ADR may be a disadvantage to minority groups any more than formal processes like settlement . Formality may influence people to be on the right side of the law and play by the book, it risks imposing its own obstacles to ‘justice’. The concept of justice is essential to ADR processes. In the framework of ADR, the concept of justice involves the consent of the parties to play an active role in the resolution of their disputes; to assert some degree of control over
ABSTRACT Online Dispute Resolution (ODR) is revolting the fight against the barriers of traditional judiciary where people have stopped expecting any kind of disposal of cases and justice. ODR, sometimes referred to as Online ADR, uses the modes and techniques of ADR i.e. arbitration, mediation etc. online to resolve the disputes. With the expanding number of mobile and internet users, it is likely that ODR will be preferred for dispute resolution especially the e-commerce sector. Therefore, the
for and against alternative dispute resolution in civil justice SUBMITTED BY: 38715 Md. Akram Uddin 090323580 Contents 1. Introduction 2. Problem with court hearings: * Time and money; * The adversarial process; * Inflexible; * Technical cases; * Publicity; 3. ADR mechanisms: * Arbitration; * Mediation; * Conciliation; * Med-Arb; * Ombudsman ; 4. Advantage of ADR : * Quick;
GROWTH OF ADR IN NIGERIA By Enenche Eleojo 1. INTRODUCTION As human beings, we are caught up daily in a complex web of social and commercial interactions. For as long as these interactions continue, interests are bound to clash. When interests clash or are in completion with the interest of others then we can say a dispute has arisen. For as long as humans exist there will be disputes. What makes the difference is how the disputes are resolved. Instinctively, once a dispute arises we access
they can seek alternative to arbitration. The answers for all these will be discussed in this research analysis step by step considering all the issues and the pros and cons as well, which it will give a meaningful conclusion at the end. International arbitration serves as the important method where foreign investors can bring claims against host state arising from an investment disputes under the current international investment law. Investor State Dispute