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[5] [6] This can be either part of an outline contract that was handled before the dispute arose [7] or after a dispute arises. [8] [9] Conciliation is a preferred method of dispute resolution compared to litigation or binding arbitration. [2] They select a conciliator by mutual consent [10] or through an appointing institution. [11]
This is especially useful when the subject matter of the dispute is highly technical: arbitrators with an appropriate degree of expertise (for example, quantity surveying expertise, in the case of a construction dispute, or expertise in commercial property law, in the case of a real estate dispute [8]) can be chosen.
Chapter VI of the United Nations Charter deals with peaceful settlement of disputes. It requires countries with disputes that could lead to war to first of all try to seek solutions through peaceful methods such as "negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice."
[8] Retired judges or private lawyers often become arbitrators or mediators; however, trained and qualified non-legal dispute resolution specialists form a growing body within the field of alternative dispute resolution (ADR). In the United States, many states now have mediation or other ADR programs annexed to the courts, to facilitate ...
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. [1] They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also ...
In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitration clause, depending upon its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum.
ADR, Alternative Dispute Resolution, began in industrial relations in Australia long before the arrival of the modern ADR movement. [5] One of the first statutes passed by the Commonwealth parliament was the Conciliation and Arbitration Act 1904 (Cth).
Dispute Systems Design (DSD) involves the creation of a set of dispute resolution processes to help an organization, institution, nation-state, or other set of individuals better manage a particular conflict and/or a continuous stream or series of conflicts.