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
Objectives and Key Themes
This work examines Alternative Dispute Resolution (ADR) schemes and their effectiveness in settling international commercial disputes. It aims to assess whether ADR can successfully replace litigation in resolving such disputes.
- The rise of ADR as an alternative to traditional litigation.
- Comparison of various ADR processes, including arbitration, mediation, and banking ombudsman schemes.
- Advantages and disadvantages of ADR compared to court proceedings.
- The role of neutral third parties in ADR processes.
- The potential for ADR to replace litigation in commercial disputes.
Chapter Summaries
Chapter 1: The Alternative Dispute Resolution (ADR) Movement – Introduction And Definitions: This chapter introduces the concept of Alternative Dispute Resolution (ADR) as a response to the perceived inefficiencies of traditional litigation. It explores the growing preference for quicker, less costly, and less formal methods of resolving commercial disputes. The chapter defines ADR, highlighting the lack of a single, universally accepted definition, and discusses its various forms, including negotiation, conciliation, mediation, and arbitration. The chapter emphasizes the business community's push for ADR as a means to circumvent bureaucratic court processes.
Chapter 2: Presentation Of The Alternative Dispute Resolution Processes Available For The Settlement Of Commercial Disputes: This chapter details various ADR processes used in commercial dispute resolution. It provides a comprehensive overview of arbitration, outlining the procedure, legal frameworks (including the UNCITRAL Model Law), and prominent arbitration institutions like the International Chamber of Commerce (ICC) and the American Arbitration Association (AAA). Furthermore, the chapter examines mediation, detailing its process and relevant institutions such as the WIPO Arbitration and Mediation Centre and ICANN. Finally, it discusses the role of banking ombudsmen in resolving banking-related disputes.
Chapter 3: The Picture Of Adr Scheme In Relation To Litigation: This chapter directly compares ADR schemes with traditional litigation. It analyzes the advantages and disadvantages of each approach, outlining the key differences in terms of cost, speed, formality, and the level of control afforded to the disputing parties. The chapter also discusses the necessary qualifications and skills required of neutral third parties in ADR, ensuring that the selection process leads to appropriate and effective dispute resolution. The chapter further contrasts the roles of courts and ADR in resolving disputes.
Keywords
Alternative Dispute Resolution (ADR), Arbitration, Mediation, Banking Ombudsman, Litigation, International Commercial Disputes, Dispute Resolution, UNCITRAL Model Law, International Chamber of Commerce (ICC), American Arbitration Association (AAA), Cost-effectiveness, Efficiency, Neutral Third Parties.
Frequently Asked Questions: A Comprehensive Preview of Alternative Dispute Resolution (ADR)
What is this document about?
This document provides a comprehensive preview of a work examining Alternative Dispute Resolution (ADR) schemes and their effectiveness in settling international commercial disputes. It includes a table of contents, objectives and key themes, chapter summaries, and keywords.
What are the main topics covered in the document?
The document covers the following key areas: The Alternative Dispute Resolution (ADR) movement, its definition and origins; Various ADR processes available for commercial dispute settlement, including arbitration (with a focus on the UNCITRAL Model Law, ICC, and AAA), mediation (including WIPO and ICANN), and banking ombudsman schemes; A comparison of ADR schemes with litigation, highlighting their advantages and disadvantages; and The qualifications and skills needed for effective third-party selection in ADR.
What are the objectives of the work?
The work aims to assess the effectiveness of ADR in settling international commercial disputes and whether it can successfully replace litigation. It compares different ADR processes and analyzes their advantages and disadvantages relative to court proceedings. It also explores the role of neutral third parties in achieving effective dispute resolution.
What are the key themes explored in the document?
Key themes include the rise of ADR as an alternative to traditional litigation; a comparison of arbitration, mediation, and banking ombudsman schemes; the advantages and disadvantages of ADR compared to court proceedings; the role of neutral third parties; and the potential for ADR to replace litigation in commercial disputes.
What ADR processes are discussed in detail?
The document extensively discusses arbitration, including its procedures, relevant legal frameworks (such as the UNCITRAL Model Law), and prominent institutions like the International Chamber of Commerce (ICC) and the American Arbitration Association (AAA). It also details mediation, highlighting relevant organizations such as the WIPO Arbitration and Mediation Centre and ICANN, and discusses the role of banking ombudsmen.
What are the advantages and disadvantages of ADR compared to litigation?
The document analyzes the advantages and disadvantages of ADR and litigation, comparing factors such as cost, speed, formality, and the level of control afforded to the parties involved. These comparisons are crucial in understanding the strengths and weaknesses of each approach in resolving commercial disputes.
What is the role of neutral third parties in ADR?
The document emphasizes the crucial role of neutral third parties in ADR processes, such as arbitrators and mediators. It also discusses the qualifications and skills required for the effective selection of these individuals to ensure successful dispute resolution.
What are the key keywords associated with this document?
Key terms include: Alternative Dispute Resolution (ADR), Arbitration, Mediation, Banking Ombudsman, Litigation, International Commercial Disputes, Dispute Resolution, UNCITRAL Model Law, International Chamber of Commerce (ICC), American Arbitration Association (AAA), Cost-effectiveness, Efficiency, and Neutral Third Parties.
What are the chapter summaries?
Chapter 1 introduces ADR, defining it and exploring its various forms. Chapter 2 details various ADR processes used in commercial dispute resolution, including arbitration and mediation. Chapter 3 compares ADR schemes with traditional litigation, analyzing advantages, disadvantages, and the qualifications of neutral third parties.
- 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.hausarbeiten.de/document/317295
