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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 UK adopted the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 on 1 October 2015, [42] which set out rules in relation to ADR and put measures into place to widen the use and application of ADR in disputes with consumers after any available internal procedures have been exhausted.
Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitration award'. [1]
Mediation is a form of dispute resolution that resolves disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a resolution or settlement.
A complaint system (also known as a conflict management system, internal conflict management system, integrated conflict management system, [1] or dispute resolution system) is a set of procedures used in organizations to address complaints and resolve disputes.
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]
The conciliation process begins when both parties agree to engage in it as a method of resolving a dispute. [1] There are multiple uses for this form of alternative dispute resolution including transnational intellectual property, [2] legislative assemblies, [3] peace efforts, [4] and other areas of community concern. [5] [6] This can be either ...
to adopt procedures suitable to the circumstances of the particular case, so as to provide a fair means for resolution of the dispute. [ 16 ] In a case arbitrated under English law , Waller LJ noted that where an arbitrator recognises that a party in arbitration has missed a point that could be argued, "fairness requires the arbitrator to raise ...
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