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"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."
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 engage in NCDR and / or (ii) stay the proceedings to allow for NCDR to take place. This overturns the previous orthodoxy (the 2004 Court of Appeal decision of Halsey v.
Participatory justice can refer to the use of alternative dispute resolution, such as mediation, conciliation, and arbitration, in criminal and civil courts, instead of, or before, going to court. [2] [11] It is sometimes called "community dispute resolution". [12]
Arbitration is a process where a neutral third party (arbitrator) delivers a decision which is final, and binding on both parties. It can be defined as a quasi-judicial procedure because the award replaces a judicial decision. Arbitrators can be current or former trial judges, but that is not a requirement.
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 ...
Lawyer-supported mediation is a "non-adversarial method of alternative dispute resolution (ADR) to resolves disputes, such as to settle family issues at a time of divorce or separation, including child support, custody issues and division of property".
If the employer and works council are unable to agree on the chair person, a labour court appoints one instead per §76(2). [ 1 ] : 59–64 If either the works council or the employer disagrees with the decision of the conciliation committee, they may request a legal review by the respective labour court on the grounds that the conciliation ...