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Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is sometimes used interchangeably with conflict resolution, although conflicts are generally more deep-rooted and lengthy than disputes. Dispute resolution techniques assist the resolution of antagonisms between parties that can include citizens, corporations, and governments.
Mediation is a structured, interactive process where an impartial third party 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 she/he manages 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.
The American Arbitration Association (AAA) is a not-for-profit organization in the field of alternative dispute resolution, providing services to individuals and organizations who wish to resolve conflicts out of court, and one of several arbitration organizations that administers arbitration proceedings. The AAA also administers mediation through www.AAAMediation.org and other forms of alternative dispute resolution. It is headquartered in New York City, with regional offices in Atlanta, Boston, Charlotte, Chicago, Dallas, Denver, Detroit, East Providence, Rhode Island, Fresno, Houston, Los Angeles, Miami, Minneapolis, New York City, Philadelphia, Phoenix, San Antonio, San Diego, San Francisco, Seattle, Somerset, New Jersey and Washington, DC.
Online dispute resolution (ODR) is a branch 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). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.
International arbitration is arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract.
Arbitration, a form of alternative dispute resolution (ADR), is a way to resolve 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.
An arbitral tribunal or arbitration tribunal, also arbitration commission, arbitration committee or arbitration council is a panel of unbiased adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include a chairperson or an umpire. Members selected to serve on a arbitration panel are typically professionals with expertise in both law and in friendly dispute resolution (mediation). Some scholars have suggested that the ideal composition of an arbitration commission should include at least also one professional in the field of the disputed situation, in cases that involve questions of asset or damages valuation for instance an economist.
Thomas W. Wälde, former United Nations (UN) Inter-regional Adviser on Petroleum and Mineral Legislation, was Professor & Jean-Monnet Chair at the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), Dundee.
Frank E. A. Sander was a professor emeritus and Associate Dean of Harvard Law School. Professor Sander graduated from Harvard College with a degree in mathematics in 1949 and from Harvard Law School in 1952. Professor Sander pioneered in 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, Minnesota. Professor Sander's book, Dispute Resolution: Negotiation, Mediation, and Other Processes, which he coauthored with Stephen B. Goldberg, Nancy H. Rogers, and Sarah Rudolph Cole, is used in law schools throughout the United States.
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.
NAM is a provider of Alternative Dispute Resolution (ADR) services, including Arbitration and Mediation NAM provides services to business entities and individuals who seek to resolve their dispute/conflict outside of the court system. The company maintains rosters of neutrals in all 50 states, Puerto Rico and in major cities around the world.
Gilbert F. Casellas is an American lawyer and businessman. He is a private investor and business consultant in the Washington, D.C. area, a director of Prudential Financial, trustee of the University of Pennsylvania, and advisor to Toyota Motor North America, The Procter & Gamble Company, and Comcast Corporation. He is a member of the Council on Foreign Relations, the American Law Institute, trustee of the Pan American Development Foundation and Co-Editor-in-Chief of Workplace Harassment Second Edition 2018 published by Bloomberg Law.
Robert B. Moberly is Dean Emeritus and Professor of Law at the University of Arkansas School of Law. His scholarship focuses primarily on dispute resolution.
Siegfried H. Elsing is a German business lawyer. He is senior partner Germany of the international law firm Orrick, Herrington & Sutcliffe LLP and honorary professor at the Heinrich Heine University in Düsseldorf.
Singapore Mediation Centre (SMC) is a not-for-profit organisation structured as a company limited by the guarantee of the Singapore Academy of Law.
Janet Walker is a Chartered Arbitrator with offices in Toronto, Canada, London, England and Sydney, Australia. She is a Canadian scholar and author in the fields of Private International Law and Civil Procedure at Osgoode Hall Law School. She is also a Distinguished Research Professor at York University. Walker is married to Australian lawyer and international arbitrator, Doug Jones AO.
Maxwell Chambers is an integrated alternative dispute resolution (ADR) complex located in Singapore. It provides hearing rooms and facilities for the conduct of ADR hearings in Singapore, as well as the regional offices of a number of ADR institutions, arbitrators, and international arbitration practitioners.
Penn State Law, located in University Park, Pennsylvania, is one of two separately accredited law schools of the Pennsylvania State University. Penn State Law offers J.D., LL.M., and S.J.D. degrees. The school also offers a joint J.D./M.B.A. with the Smeal College of Business, a joint J.D./M.I.A. degree with the School of International Affairs, which is also located in the Lewis Katz Building, as well as joint degrees with other graduate programs at Penn State.
Allan Jeffrey Stitt is a chartered Canadian arbitrator, mediator and film producer. He is the president and CEO of ADR Chambers, a Canadian arbitration and mediation organization. Stitt is the recipient of the 2006 Ontario Bar Association Award of Excellence in Alternative Dispute Resolution. As a movie executive producer, Stitt has also contributed to films including The Layover, The Birth of a Nation, Into the Forest, I Saw the Light, and Ithaca.
Claude R. Thomson, Q.C., LL.D. (1933–2010), was a Canadian lawyer in Toronto, Ontario. He was a well-known courtroom lawyer, and also a pioneer of alternative dispute resolution in Canada, including mediation and arbitration. He served as the president of the Canadian Bar Association and the International Bar Association.
References
- ↑ "New York International Arbitration Center to Open this Spring" (PDF). Winston & Strawn. Retrieved 22 July 2014.
- ↑ "About NYIAC". New York International Arbitration Center. Retrieved 27 May 2014.
- ↑ Farkas, Brian; Cassard, Marie (2014). "New York: A New Home of International Arbitration?". Litigation Journal. 40 (4): 45–48. Retrieved 6 October 2014.
- ↑ "Final Report of the New York State Bar Association's Task Force on New York Law in International Matters". New York State Bar Association. Retrieved 22 July 2014.
- ↑ "New York International Arbitration Center Launches in Manhattan". The Wall Street Journal. Dow Jones & Company. Retrieved 27 May 2014.
- ↑ Ross, Alison (26 January 2021). "Kimmelman takes helm as NYIAC plans move" (PDF). Retrieved 7 February 2022.
