Conflicts and disputes are normal and natural in everyday life. Conflict is not an event; it is a process. Human beings face conflicts always and everywhere, at all levels (Galtung 1996). How conflicts are managed is what makes the difference. A common way disputes the world over are resolved is through litigation. Litigation however is often characterized by delays and other debilitating activities which adversely affect the conflict resolution process and accentuates the popular legal maxim ‘justice delayed is justice denied’. Litigation is also thought to be relatively expensive and too elitist.
These undoubted flaws that surround litigation led to other means of conflicts resolution collectively termed Alternative Dispute Resolution or (ADR). The Legal Information Institute (LII, 2014) defines Alternative Dispute Resolution as any method of resolving disputes other than by litigation. Courts of competence jurisdiction could be directed to review the validity of Alternative Dispute Resolution methods, but they will hardly overturn decisions and awards proposed by ADR if the disputing parties formed a valid contract to abide by them. ADR methods or types include mediation, negotiation, conciliation, collaborative law and arbitration. ADR is arguably a much better option as all stakeholders in a conflict can resolve their own differences by working together to come up with an agreement that satisfies all parties involved.
This write-up will however focus on one of the popular modes of ADR, called Arbitration. The write-up will look at a brief history of arbitration, the meaning of the term arbitration, its features and characteristics, types and forms, merits and demerits and most importantly how arbitration skills could be utilized to address human rights-related disputes, conflicts and matters.
Table of Contents
1. Introduction
2. History of Arbitration
3. What is Arbitration?
4. Types and forms of Arbitration
5. Features and Characteristics of Arbitration
6. Relevance of Arbitration skills to Human rights and the human rights officer
7. Conclusion
Objectives and Core Topics
This paper examines the role of arbitration as a viable alternative to litigation, specifically focusing on its potential application in addressing human rights-related disputes. It evaluates the procedural advantages of arbitration, such as efficiency, expertise, and confidentiality, and assesses how these can be leveraged to protect the rights of vulnerable populations.
- Historical evolution of arbitration and its institutional development.
- Distinctions between ad hoc and institutional arbitration.
- Core characteristics of arbitration processes, including neutrality and enforceability.
- Comparative analysis of arbitration versus litigation for human rights cases.
- The role of arbitration in providing faster and more equitable resolutions.
Excerpt from the Book
Relevance of Arbitration skills to Human rights and the human rights officer
With the literature of Arbitration skills discussed above, it is undoubted that the technique is of great relevance to the human rights, human rights activists and students.
First of all, the technique’s affordability and the fact that it is cheaper at least as compared to litigation is of great benefits to human rights. Human rights being an evolving concept naturally will have its own funding issues, therefore arbitration will provide a relief or a cheaper option in dealing with human rights related matters, especially since most victims of human rights violations are often deprived and needy.
Again, a human rights personnel’s knowledge of the fact that much complex human rights related issues could be expensive to resolve with arbitration as a results of parties having to pay for the arbitrators will influence their choice of technique in this case a comparatively cheaper technique like negotiation, mediation or even litigation.
Once more, Arbitration being the only Alternative Dispute Resolution technique which ends up with a legally binding decision makes it suitable for human rights related disputes and conflicts. This is because, in most instances human rights violators are much powerful and endowed as compared to the violated who are often weaker and vulnerable like children, physically challenged and women, therefore any dispute resolution or decision rendered regarding human rights related conflicts which is not legally binding may simply be ignored by these often powerful violators.
Summary of Chapters
Introduction: Outlines the ubiquity of conflict and the limitations of traditional litigation, proposing arbitration as a more efficient Alternative Dispute Resolution (ADR) mechanism.
History of Arbitration: Traces the practice of arbitration from ancient biblical accounts to the formalization of international treaties and legislative acts.
What is Arbitration?: Provides a comprehensive definition of arbitration by synthesizing various legal perspectives and emphasizing its role as a binding, neutral dispute resolution process.
Types and forms of Arbitration: Distinguishes between ad hoc and institutional arbitration, as well as mandatory and voluntary forms, highlighting the role of organizations like the ICC.
Features and Characteristics of Arbitration: Details the procedural nature of arbitration, focusing on its consensual basis, neutrality, confidentiality, and the enforceability of awards.
Relevance of Arbitration skills to Human rights and the human rights officer: Explores why arbitration is particularly well-suited for human rights disputes, citing its speed, cost-effectiveness, and binding nature.
Conclusion: Summarizes the necessity of promoting arbitration as a quintessential tool for protecting human rights in the face of increasing global violations.
Keywords
Arbitration, Alternative Dispute Resolution, ADR, Human Rights, Litigation, Dispute Resolution, Legal Binding, Conflict Management, International Arbitration, Arbitral Awards, Confidentiality, Neutrality, Human Rights Violations, Enforcement, Institutional Arbitration.
Frequently Asked Questions
What is the primary focus of this paper?
The paper explores the utility of arbitration as a specialized method within Alternative Dispute Resolution (ADR) to address and resolve conflicts related to human rights.
What are the central themes discussed in this work?
Key themes include the history of arbitration, the procedural structure of the process, the differences between institutional and ad hoc arbitration, and the benefits of arbitration for human rights advocates.
What is the main objective or research question?
The work aims to determine how arbitration skills and mechanisms can be effectively utilized to overcome the delays and costs associated with traditional litigation in human rights cases.
Which scientific or analytical method is used?
The paper employs a comparative legal analysis and literature review to contrast arbitration with litigation and assess its suitability for specific human rights contexts.
What is covered in the main section of the paper?
The main sections cover the definition and historical development of arbitration, types of arbitration (institutional vs. ad hoc), legal characteristics, and its specific application to human rights disputes.
How would you characterize this paper with keywords?
It is characterized by terms such as Arbitration, Human Rights, Alternative Dispute Resolution, Conflict Management, and Legal Enforcement.
Why is arbitration considered more appropriate than litigation for human rights victims?
Arbitration is often faster, more confidential, and more cost-effective than litigation, which is critical for vulnerable victims who lack the resources for long-term court battles.
What role does the 'binding' nature of arbitration play in human rights?
Because human rights violators are often powerful, a binding arbitration award ensures that the resolution cannot be easily ignored, unlike non-binding processes like mediation.
How does the author view the role of the human rights officer?
The author argues that human rights officers must be knowledgeable in arbitration skills to provide faster and more durable solutions to the disputes they handle.
- Arbeit zitieren
- Kwesi Nyarkoh Koomson (Autor:in), 2016, Relevance of Arbitration to Human Rights, München, GRIN Verlag, https://www.hausarbeiten.de/document/338883
