resolve business disputes in court. Alternative dispute resolutions are superior solutions for resolving business disputes and are normally settled before trial‚ which saves significant time and money. Alternative dispute resolution can be achieved by several approaches‚ which may include negotiation‚ mediation‚ and arbitration. Traditional litigation resolves disputes in the civil court system in which one party loses and one wins. Although litigation and alternative disputes resolution both have
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| G34/2603/2010 | | ALTERNATIVE DISPUTE RESOLUTION COURSE FACILITATOR: MR.L ALOO OBURA SUBMITTED 27TH AUGUST 2013.MERITS AND DEMERITS OF AN INSTITUITONAL AND LEGAL FRAMEWORK FOR TRADITIONAL DISPUTE RESOLUTION. | INTRODUCTION The Constitution of Kenya 2010 was a timely panacea to revolutionize the systems of justice and the delivery thereof. Previously‚ the justice system was bedeviled by technicalities; obsolete provisions among others inefficiency and corruption at the detriment of
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semblance of order and cognition amongst its people. New rulers and governments invented their own system that was prevalent to that day. The aim of this paper is to contrast the Traditional Litigation System and The Non-Traditional Forms of Alternative Dispute Resolution (ADR) and explain why both these systems are important parts of the legal system. The Traditional Litigation System ‘The process of bringing‚ maintaining‚ and defending a lawsuit is called litigation’ (Cheeseman‚ 2010). The
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territorial disputes across the globe‚ the list is long and ever-changing. There are now more than 150 disputes under way that involve territory‚ mostly in Africa‚ Asia‚ and the Pacific region‚ but also in Europe and the Americas. Some disputes are on the distant horizon (Antarctica)‚ some are long-simmering (Jammu and Kashmir)‚ and others—like Crimea—are at their boiling point. In this assignment I will going to explain different case studies‚ which includes certain types of disputes like border
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Chapter 1 NEGOTIATION: THE MIND AND HEART OVERVIEW This chapter can either be assigned before students arrive on the first day of class or after the first class meeting. As a general teaching principle‚ I never assign reading in advance; instead‚ the reading always follows the exercise. The chapter lends itself well to small discussion groups. For example‚ during the first day or week of class‚ students can work in small groups for 10-15 minutes with the objectives of: (1) identifying
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Malaysian Construction Industry Background for the Research Adjudication is one of the alternative dispute resolution procedures for resolving disputes‚ which giving of a non-binding opinion at the request of a party or parties to a dispute‚ and either party may refer to arbitration at a later stage. In the Latham Report (1994) recommended‚ inter alia‚ adjudication as the standard first instance dispute resolution technique in construction contracts. In response‚ statutory-based adjudication was
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Issues Simulation Summary CadMex and Gentura negotiated the choice of law clause that specifies which law will be applicable and what forum to use if a dispute arises between them. They determined that non-binding international arbitration would not only suit their needs‚ but it would be less costly than litigation and would also expedite dispute resolution. The international arbitrator’s power in conflict resolution will have a procedural outline in a written agreement that is agreed upon by both
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Mediation Alexander is involved in a dispute related to his business. Alexander is considering legal action. Why may it be financially advantageous to Alexander’s business to avoid litigation and mediate the case? The expense of time and money associated with Alexander’s business decision to consider legal action can be avoided through mediation per our text book Business Law which suggest that litigation is often an inefficient way to resolve business-related disputes . According to our book‚ three
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STATUTORY COUNCILS Labour Relations Act 28 of 1956 includes as one of the aims of the Act‚ the prevention and settlement of disputes between employers and employees. Industrial councils were the primary institution for collective bargaining; generally they were system that involved a form of centralised bargaining in a particular industry or segment of an industry (Alan Rycroft‚ Barney Jordaan‚ 1992:146) Industrial councils consisted of representatives from one or more employer parties and one
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people who may not see things as we do. Conflicts occur on a daily basis‚ sometimes as small disputes‚ sometimes as violent battles and each person will respond to conflicts based on their own particular personality and cultural background. People have different motivations‚ beliefs‚ values and goals hence why there will always be conflict between people. Contrasts between people can lead to either small disputes or even war. In the years 1861-1865 there was a fierce civil in USA between United States
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