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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 ...
Frank E. A. Sander (July 22, 1927 – February 25, 2018) was an American professor emeritus and associate dean of Harvard Law School. [1] He pioneered the field of alternative dispute resolution and is widely credited with being a father of the field in the United States as a result of his paper, The Varieties of Dispute Processing, presented at the Pound Conference in 1976 in Minneapolis ...
Robert Harris Mnookin [1] is an American lawyer, author, and the Samuel Williston Professor of Law at Harvard Law School. [2] [3] He focuses largely on dispute resolution, negotiation, and arbitration and was one of the primary co-arbitrators that resolved a 7-year software rights dispute between IBM and Fujitsu in the 1980s.
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
Conciliation is an alternative dispute resolution process whereby the parties to a dispute rely on a neutral third-party known as the conciliator, to assist them in solving their dispute. The conciliator, who may meet with the parties both separately and together, does this by; lowering tensions, improving communication, interpreting issues ...
The Program on Negotiation was founded in 1983 as the world's first teaching and research center dedicated to negotiation and dispute resolution. [1] As an umbrella organization with founding members from both Harvard and MIT, it soon expanded to include Tufts University as one of its consortium schools. Since the beginning, the Program on ...
Methods of dispute resolution include: lawsuits (litigation) (legislative) [5]; arbitration; collaborative law; mediation; conciliation; negotiation; facilitation; avoidance; One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them.
The 1895 dispute between the United States and Britain over Venezuela was peacefully resolved through arbitration. Both nations realized that a mechanism was desirable to avoid possible future conflicts. The Olney-Pauncefote Treaty of 1897 was a proposed treaty between the United States and Britain in 1897 that required arbitration of major ...