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In England and Wales, ADR is now more commonly referred to as ‘NCDR’ (Non Court Dispute Resolution), in an effort to promote this as the normal (rather than alternative) way to resolve disputes. A 2023 judgment of the Court of Appeal called Churchill v Merthyr [ 6 ] confirmed that in the right case the Court can order (i) the parties to ...
"Court systems are eager to introduce mandatory mediation as a means to meet their needs to reduce case loads and adversarial litigation, and participants who understand the empowerment of mediation to self-determine their own agreements are equally as eager to embrace mediation as an alternative to costly and potentially harmful litigation."
The verdict of the court is binding, not advisory; however, both parties have the right to appeal the judgment to a higher court. Judicial dispute resolution is typically adversarial in nature, for example, involving antagonistic parties or opposing interests seeking an outcome most favorable to their position.
Online dispute resolution (ODR) is a form of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). [1]
Party-directed mediation (PDM) is an approach to mediation that seeks to empower each party in a dispute, enabling each party to have more direct influence upon the resolution of a conflict, by offering both means and processes for enhancing the negotiation skills of contenders. The intended prospect of party-directed mediation is to improve ...
International examples include, among others, the Business and Property Courts of England and Wales Commercial Court Guide, Section G, addressing "Negotiated Dispute Resolution", [230] Ireland's Commercial List, section 6(a)(b)(xiii), giving its judges power to adjourn proceedings so the parties may consider mediation, conciliation, or ...
Arbitration is not the same as judicial proceedings (although in some jurisdictions, court proceedings are sometimes referred as arbitrations [3]), alternative dispute resolution, [4] expert determination, or mediation (a form of settlement negotiation facilitated by a neutral third party).
Transformative mediation describes a unique approach to conflict intervention that was first articulated by Robert A. Baruch Bush and Joseph P. Folger in 1994 in The Promise of Mediation. It has been the subject of much study, research and development ever since.