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 neutral third party for resolution. In practice arbitration is generally used as a substitute for litigation, particularly when the judicial process is perceived as too slow, expensive or biased. In some contexts, an arbitrator may be described as an umpire.
Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is sometimes used interchangeably with conflict resolution.
Mediation is a structured, interactive process where an impartial third party neutrally assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that they manage the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties.
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. This article describes the development of legal aid and its principles, primarily as known in Europe, the Commonwealth of Nations and in the United States.
A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. Especially when a separation is acrimonious to begin with, specific agreements about who will discharge these responsibilities and when and how they are to be discharged can reduce the need for litigation. Avoiding litigation spares parties not only the financial and emotional costs of litigation but the uncertainty of how favorable or unfavorable a court's after-the-fact decision will be. Moreover, the agreement itself can authorize the employment of dispute-resolution methods, such as arbitration and mediation, that may be less costly than litigation.
The University of Western Ontario Faculty of Law, branded as Western Law since 2011, is the law school of Western University in London, Ontario, Canada. Founded in 1959, its first Dean was former Supreme Court of Canada justice, the Honourable Ivan Cleveland Rand, who saw the school as developing "in the minds of its students the habit of thinking in terms of the dynamic tradition, in the broadest sense, of our law." The current Dean of Law is Erika Chamberlain, former clerk to Supreme Court Justice John C. Major, who began her tenure in May 2017.
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons, which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding.
The British Columbia Civil Liberties Association (BCCLA) is an autonomous, non-partisan charitable society that seeks to "promote, defend, sustain, and extend civil liberties and human rights." It works towards achieving this purpose through litigation, lobbying, complaint assistance, events, social media, and publications. Founded in 1962, it is Canada's oldest civil liberties association. It is based in Vancouver and is jointly funded by the Law Foundation of British Columbia and by private citizens through donations and memberships.
Participatory justice, broadly speaking, refers to the direct participation of those affected most by a particular decision, in the decision-making process itself: this could refer to decisions made in a court of law or by policymakers. Popular participation has been called "the ethical seal of a democratic society" by Friedhelm Hengsbach, a professor of Christian Social Science and Economic and Social Ethics at the Philosophical-Theological College Sankt Georgen in Frankfurt and "the politics of the future" by Gene Stephens, professor of criminology at the University of South Carolina. It is about people and relationships.
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. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
The Arbitration Roundtable of Toronto is made up of several litigators, academics, arbitrators, and mediators from the Greater Toronto Area. The group promotes arbitration as an alternative method of conflict resolution over litigation, especially in commercial suits. Members include commercial litigators from Toronto law firms including some of the Seven Sisters of Bay Street. Each member has experience and interest in promoting commercial Arbitration. The group dedicates its time to encouraging this form of Dispute resolution through seminars, papers, and talks.
The Court Challenges Program of Canada (CCP) is a non-profit organization whose stated purpose is "to provide financial support to Canadians to bring before the courts test cases of national significance that aim to clarify and assert certain constitutional and quasi-constitutional official language rights and human rights".
Harrison v. NAACP, 360 U.S. 167 (1959), is a 6-to-3 ruling by the Supreme Court of the United States which held that the United States District Court for the Eastern District of Virginia should have abstained from deciding the constitutionality of three barratry, champerty, and maintenance laws in the state of Virginia until state courts had had a reasonable chance to construe them.
Disputes between consumers and businesses that are arbitrated are resolved by an independent neutral arbitrator rather than in court. Although parties can agree to arbitrate a particular dispute after it arises or may agree that the award is non-binding, most consumer arbitrations occur pursuant to a pre-dispute arbitration clause where the arbitrator's award is binding.
The judicial system of the United Arab Emirates is divided into federal courts and local courts. The federal justice system is defined in the Constitution of the United Arab Emirates, with the Federal Supreme Court based at Abu Dhabi. As of 2023, only the emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while all other emirates use the federal court system for all legal proceedings.
The Alternative Dispute Resolution Institute of Alberta (ADRIA) is a non-profit organization with offices in Edmonton, Alberta, that provides Alternative Dispute Resolution (ADR) services to its members and the public. It was originally founded in 1982, encapsulated within the Alberta Arbitration and Mediation Society (AAMS), but the two organizations split in 2012 so that AAMS could continue to exist with charitable status, while ADRIA emerged and carried on the membership based non-profit work. ADRIA's mandate is to promote the use of ADR while offering education and training to individuals across Alberta and the Northwest Territories in negotiation, mediation, arbitration, and restorative practices. The organization has been used as a source for ADR information, resources and expertise in a range of both private and government matters. This now includes having a key role in the annual Conflict Resolution Day, hosted on the third Thursday of every October since 2007, which seeks to promote awareness for the utility of ADR practices. In 2013 ADRIA helped provide input for the review of the Condominium Property Act with regards to dispute resolution issues.
The ADR Institute of Canada (ADRIC), is a non-profit organization that offers alternative dispute resolution services to its members and the public across the country. It is one of the leading authorities on ADR in Canada, offering highly respected professional designations for both mediation and arbitration, with plans for a mediation and arbitration (Med-Arb) designation in the works. ADRIC has also created an established set of ADR rules and codes, outlining the principles by which its affiliated ADR practitioners commit themselves to following. Beyond promoting ADR and networking and training individuals in ADR practices, ADRIC presides as the national body of the seven regional affiliate bodies of the ADR Institutes in Canada:
Uttarakhand Lok Adalat or Uttarakhand State Legal Services Authority is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Uttarakhand. The Uttarakhand Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “access to justice for all”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.
Bihar Lok Adalat or Bihar State Legal Services Authority is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Bihar. The Bihar Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.
Sikkim Lok Adalat or Sikkim State Legal Services Authority is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Sikkim. The Sikkim Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.
