Alternative Dispute Resolution Adr

Alternative Dispute Resolution (ADR) is a rapidly growing field, due to its popularity as an alternative to long and expensive lawsuits. ADR involves resolving disputes of any kind outside of the judicial system, through negotiation, mediation, arbitration, and other processes. This book is for people who work within organizations and are involved in disputes themselves, or for people who are required to deal with or resolve disputes. It covers how to set up a dispute resolution process in an organization.

Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.

Understanding Alternative Dispute Resolution provides a comprehensive overview of the field of Alternative Dispute Resolution (¿ADR¿). The use of ADR methods has grown rapidly and touches the practices of lawyers on a local, national, and international level. ADR has transformed the nature of the lawyers¿ practice and roles as client counselor, advocate, and neutral. The treatise covers the major ADR processes, including client counseling, negotiation, mediation, arbitration, and collaborative law and addresses legal, practical, and ethical aspects of each process. This title provides a framework for selecting the most appropriate dispute resolution process and will assist attorneys, law students, neutrals, and parties in conflict in effectively addressing, managing, and resolving disputes.

A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.

A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.