Society's desire for easier and quicker access to justice has led to the development of Alternative Dispute Resolution (ADR). 'Alternatives' to litigation, such as arbitration, mediation and banking ombudsman are examined as to their efficiency and capabilities in the settlement of (international) commercial disputes. It is concluded whether litigation can be replaced by ADR in case where commercial disputes arise. Also, there is discussion about the emergence of Online Dispute Resolution (ODR).
Table of Contents
Chapter 1: The Alternative Dispute Resolution (ADR) Movement – Introduction And Definitions
1.1 The ‘New’ Wave
1.2 Background
1.3 The Notion Of Disputes
1.4 The Notion Of Settlement
Chapter 2: Presentation Of The Alternative Dispute Resolution Processes Available For The Settlement Of Commercial Disputes
2.1 The Basic Processes In Commercial Dispute Resolution
2.2 Arbitration
2.2.1 The Arbitration Procedure
2.2.2 The Legal Framework For International Commercial Arbitration
2.2.3 Harmonisation Of Law-Uncitral Model Law
2.2.4 International Chamber Of Commerce
2.2.5 American Arbitration Association
2.3 Mediation
2.3 1 The Mediation Process
2.3.2 Wipo Arbitration And Mediation Centre
2.3.3 Icann
2.4 Banking Ombudsman
Chapter 3: The Picture Of Adr Scheme In Relation To Litigation
3.1 Why The Adr Scheme Is Distinguished From Other Methods Of Resolving Dispute In The Commercial Field
3.1.1 Advantages
3.1.2 Disadvantages
3.2 Qualifications And Skills Necessary For The Best And Right Selection Of The ‘Alternative’ Third Parties
3.3 Courts And Litigation
Chapter 4: Conclusions
4.1 Is Adr Capable Of Replacing The Court Proceedings When Dealing With (International) Commercial Disputes
4.2 The Emergence Of Online Dipsute Resolution (Odr)
4.3 Recommedations-Conclusions
Objectives and Research Focus
This work explores the effectiveness and viability of Alternative Dispute Resolution (ADR) mechanisms, such as arbitration, mediation, and ombudsman services, as replacements for traditional litigation in resolving international commercial disputes.
- Examination of the theoretical foundations and definitions of ADR.
- Analysis of major ADR processes including arbitration, mediation, and banking ombudsman schemes.
- Comparative evaluation of ADR advantages and disadvantages against traditional court litigation.
- Investigation into the specific skills and qualifications required for neutral third-party interveners.
- Exploration of emerging trends, specifically Online Dispute Resolution (ODR).
Excerpt from the Book
1.1 THE ‘NEW’ WAVE
Nowadays, while everything is too perplexed in everyday life, litigation is offered as the primary way to arrange any legal dispute that arises. Misunderstandings and conflicts can never be avoided during commercial transactions, despite how carefully the contracts are drafted. Since large sums of money are involved in business activities and nobody wants to waste his/her time and money when a disagreement occurs, the conflicting parties tend to be more dependable on ways that satisfy their needs. Namely, they prefer those methods that are less formal than court proceedings, cheaper and offer speedy solutions to their problems. In recent years, people’s desire for easier access to justice led to various other attempts to avoid the court route. More specifically, the business community, without ignoring the vital role of the courts, calls for reform of the current litigation system and supports ‘alternative’ routes to traditional litigation that derive from the need to avoid the non-functional, bureaucratic court procedures, known as ‘Alternative Dispute Resolution’ or with its universal acronym ADR.
There is a variety of definitions that describe this mechanism since there is not any statutory or generally accepted definition of the ADR term. Simply, it refers to “any procedure, agreed to by the parties of a dispute, in which they call upon the services of a neutral party to assist them in reaching agreement and avoiding litigation” (United States Department of Labor, 2003a). Particularly, the neutral party facilitates discussions with the parties on the merits and values of their claims and assists with the writing of such agreements that reflect their needs.
Summary of Chapters
Chapter 1: The Alternative Dispute Resolution (ADR) Movement – Introduction And Definitions: Provides an overview of the "new wave" of ADR, exploring its origins and defining key concepts like disputes and settlement within a commercial context.
Chapter 2: Presentation Of The Alternative Dispute Resolution Processes Available For The Settlement Of Commercial Disputes: Details specific ADR mechanisms including arbitration, mediation, and banking ombudsman services, along with their respective legal frameworks and procedural structures.
Chapter 3: The Picture Of Adr Scheme In Relation To Litigation: Analyzes the advantages and disadvantages of ADR versus traditional litigation, while identifying the necessary skills for third-party neutrals.
Chapter 4: Conclusions: Synthesizes the findings on whether ADR can effectively replace traditional court proceedings and discusses the emergence of Online Dispute Resolution (ODR).
Keywords
Alternative Dispute Resolution, ADR, Litigation, Commercial Disputes, Arbitration, Mediation, Banking Ombudsman, ODR, Online Dispute Resolution, Confidentiality, Legal Framework, Dispute Settlement, International Commerce, Neutral Third Party, Legal Reform.
Frequently Asked Questions
What is the primary focus of this academic work?
The work examines the development and efficacy of Alternative Dispute Resolution (ADR) mechanisms as viable alternatives to traditional court litigation for resolving international commercial disputes.
Which specific ADR methods are analyzed in the book?
The book provides a detailed analysis of arbitration, mediation, and the banking ombudsman system, exploring their procedural frameworks and suitability for commercial interests.
What is the core research objective?
The primary research objective is to determine whether litigation can be successfully replaced by ADR schemes in resolving commercial disputes, balancing business needs for efficiency against the necessity of legal order.
What methodology does the author apply?
The author employs a legal and comparative analysis, evaluating various DR processes against court proceedings and examining industry statistics, relevant case law, and international conventions.
What key aspects of ADR are covered in the main body?
The main body covers the advantages (privacy, speed, cost-effectiveness) and disadvantages (non-binding nature, potential for procedural issues) of ADR, as well as the essential skills required for mediators and arbitrators.
Which keywords best characterize the research?
Key terms include Alternative Dispute Resolution (ADR), Commercial Disputes, Arbitration, Mediation, Litigation, Online Dispute Resolution (ODR), and Legal Reform.
How does the author define the role of an ADR third party?
The author emphasizes the role of the neutral third party as an essential intervener who facilitates communication, identifies core issues, and helps parties reach creative, voluntary agreements beyond typical court structures.
What is the significance of the "Online Dispute Resolution" (ODR) chapter?
The chapter on ODR highlights the evolution of dispute resolution in the 21st century, showing how digital tools and the internet are utilized to make resolving commercial disputes faster and more accessible globally.
- Quote paper
- Katerina Sidiropoulou (Author), 2003, The role of alternative dispute resolution (ADR) scheme in the settlement of disputes within commercial transactions, Munich, GRIN Verlag, https://www.grin.com/document/317295
