Relevant bibliographies by topics / Litigation, Adjudication and Dispute Resolution

Academic literature on the topic 'Litigation, Adjudication and Dispute Resolution'

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Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Litigation, Adjudication and Dispute Resolution"

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Broadbent, Nigel. "Alternative Dispute Resolution." Legal Information Management 9, no. 3 (September 2009): 195–98. http://dx.doi.org/10.1017/s1472669609990326.

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AbstractFollowing the enactment of the Civil Procedure Rules in 1999, potential litigants are expected to pursue alternative means to litigation for solving their disputes. In this article, Nigel Broadbent a Director at Lupton Fawcett LLP in Leeds clearly explains the various activities which fall within ADR, including mediation, family dispute resolution, arbitration, conciliation and adjudication.
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Mazani, Quratul Ain, Siti Suhaidah Sahab, and Zulhabri Ismail. "Trends of Adjudication Cases in Malaysia." MATEC Web of Conferences 266 (2019): 03001. http://dx.doi.org/10.1051/matecconf/201926603001.

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The construction industry is a fertile source of dispute. Payment disputes in the Malaysian construction industry are ancient issues that have been causing problems among construction players for decades. The settlement of disputes can be done by using the Alternative Dispute Resolution (ADR) in lieu of other alternatives or as a complement to Litigation. This paper is focused on Adjudication as a preferred dispute resolution method for the Malaysian construction industry. The enforcement of the Construction Industry Payment and Adjudication Act (CIPAA 2012) in 2014 is intended to provide swift dispute resolution and relief to unpaid construction industry claimants for work done, and facilitate cash flow in the construction industry as a whole. The purpose of this research is to establish the trends of adjudication cases that were intervened by the court within the period of April 2014 until February 2018, which is since the implementation of CIPAA 2012 in Malaysia. In order to determine a vast majority of matters that have been referred for adjudication under CIPAA 2012 and parties in dispute constitute the highest number of referrals, sixty-two court cases were identified. This research also reviewed previous case laws to identify the factors contributing to court referrals. Based on the review, most of adjudication cases in the Malaysian construction industry involve the Main contractor and Employer as dispute parties with the intention of challenging adjudication decisions as there has been excess of jurisdiction pursuant to Section 15 (d) applied by appellants together with the application enforcement of adjudication decision under Section 28 by respondents. The findings will be used as a platform to establish the dispute scenario of the Malaysian construction industry under the CIPAA 2012.
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Rasyid, Abdul. "Relevance of Islamic Dispute Resolution Processes in Islamic Banking and Finance." Arab Law Quarterly 27, no. 4 (2013): 343–69. http://dx.doi.org/10.1163/15730255-12341267.

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Abstract In the Islamic legal system, the ways in which disputes are resolved generally fall under two categories. The first category is through litigation, namely in Islamic courts (al-qaḍāʾ or adjudication), and the second is through amicable means such as negotiation, conciliation and compromise (naṣīḥah or sincere advice), mediation (ṣulḥ), arbitration (taḥkīm), mediation along with arbitration (ṣulḥ and taḥkīm), an ombudsman (muḥtasib), expert determination (Mufti’s fatwā, pl. fatāwā), etc. These mechanisms are called alternative dispute resolution (ADR) that refers to a range of dispute resolution processes which are alternative to traditional litigation. Over time, the term ADR is now coming to mean ‘appropriate dispute resolution’ or the most appropriate resolution process in the given circumstances. One of the principal goals of ADR is to provide parties with choices for the effective and efficient resolution of disputes. The above-mentioned dispute resolution processes have different characteristics. This article will discuss only the relevant mechanisms with a view to examine how far they may be suitable to resolve Islamic banking and finance disputes effectively, cheaply and quickly.
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Bimasakti, Muhammad Adiguna. "DISPUTE SETTLEMENT IN THE OMBUDSMAN AND THE COURT OF LAW REGARDING COMPENSATION IN PUBLIC SERVICE DISPUTE." Jurnal Hukum dan Peradilan 10, no. 2 (August 18, 2021): 277. http://dx.doi.org/10.25216/jhp.10.2.2021.277-299.

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Public Service is the embodiment of the main tasks of a governance. But in its implementation sometimes it also causes disputes due to losses experienced by community members due to a bad public service. Therefore Law No. 25 of 2009 concerning Public Services regulates dispute resolution in the implementation of public services. At least there are two types of ways to resolve compensation in public service dispute that caused by Tort in the Public Service, namely the Non-Litigation settlement through the Ombudsman, and the Litigation settlement through the Court. However, in further studies it was found that there was an overlap of authority between the Ombudsman and the Court in resolving public service disputes. This paper will try to discuss this in depth in terms of the philosophy of the existence of the Ombudsman, and its implications for its Special Adjudication authority. Aside from that, this paper will also discusses about the procedure of proceedings in the Administrative Court regarding public service disputes.
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Saeb, Abdollah, Mohd Suhaimi Mohd Danuri, Othman Mohamed, and Norhanim Zakaria. "A Mechanism for Dispute Resolution in the Iranian Construction Industry." Journal of Construction in Developing Countries 26, no. 1 (July 30, 2021): 205–26. http://dx.doi.org/10.21315/jcdc2021.26.1.10.

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If disputes are not resolved promptly, they tend to become prolonged and escalated, creating a more complicated and less manageable scenario. Therefore, in this study, we formulated a mechanism for dispute resolution in the Iranian construction industry based on alternative dispute resolution methods. The formulated mechanism could aid disputing parties in the construction industry to settle their disputes more effectively and enhance dispute resolution methods in construction standard forms. To achieve this goal, we collected qualitative data using semi-structured interviews with 30 experts who were selected via purposive sampling method. We used MAXQDA software to manage and organise complete interview transcripts and facilitate the qualitative data analysis process. The proposed mechanism and guidance were finally validated using the survey questionnaire. Negotiation has equal potential for dispute resolution with different sources, and it is recommended as the first step in dispute resolution with any source. According to the results, we recommend a three-step resolution mechanism as follows: negotiation, a method based on sources of disputes and a hybrid method of adjudication and arbitration (Adj-Arb), as the appropriate mechanism for dispute resolution in the Iranian construction industry. Replacing arbitration with Adj-Arb in construction standard forms will have satisfactory results in resolving construction disputes and reply to growing criticism that arbitration is becoming more like litigation.
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Mitchell, Chester N., and Shona McDiarmid. "Medical Malpractice: A Challenge to Alternative Dispute Resolution." Canadian journal of law and society 3 (1988): 227–45. http://dx.doi.org/10.1017/s0829320100001393.

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Ideally, medical malpractice actions should deter medical negligence and compensate victims in a manner that is fair, speedy, cost-effective and accessible. Tort critics, however, argue that tort law in general and malpractice actions in particular do not match this ideal. But there is considerable debate about whether the identified faults are inherent or optional in tort adjudication. Those who believe adjudication itself is faulty propose alternative strategies including no-fault compensation schemes, public law prosecution and arbitration. In the paper's first section we consider whether the performance of the traditional adversarial system of dispute resolution in medical malpractice cases is inadequate. Arbitration's effectiveness as an alternative to litigation is then evaluated with reference to three arbitration models employed in the United States. We conclude that arbitration reforms offer distinct advantages but are no panacea for some basic justice problems that stem from political, legal and economic power imbalances between physicians and their clients.
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Menjucq, Michel, and Laurent Gouiffès. "The grapes of dispute resolution: arbitration and wine." Arbitration International 36, no. 4 (October 9, 2020): 465–74. http://dx.doi.org/10.1093/arbint/aiaa037.

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Abstract This article explores the interplay between arbitration and wine law and the possibility of having increased recourse to arbitration in wine-related disputes. Since Antiquity, wine production and commercialization have been subject to specific regulations, which have progressively given rise to modern wine law. Wine law is primarily focused on the protection of the geographical origin and branding of wine as well as consumer protection, fields typically inadequate for arbitration. However, wine law also covers wine commercialization and related operations such as vineyard sales, which offer many opportunities for arbitration in the wake of the internationalization of wine production and trade. This is particularly true since the wine sector is characterized by both very specific trade usages and a high degree of technicality, which require adjudicators of wine-related disputes to have a high degree of sectorial expertise. Arbitration therefore appears to be a particularly well-suited means of dispute adjudication for wine-related litigation, as illustrated by the authors’ experience.
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Malintoppi, Loretta. "Methods of Dispute Resolution in Inter-state Litigation: When States Go to Arbitration Rather Than Adjudication." Law & Practice of International Courts and Tribunals 5, no. 1 (2006): 133–62. http://dx.doi.org/10.1163/157180306777156835.

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AbstractWhen States decide to litigate their legal differences, different factors – not always of a strictly legal nature – come into play that can tilt the balance in favour of arbitration or judicial settlement. This article does not purport to take a position in favour of arbitration, as opposed to adjudication by an international court or tribunal, but merely to identify some of the considerations which a State may be confronted with when it selects arbitration amongst the available alternatives for inter-State dispute resolution. When diplomacy fails, and adjudication by a permanent court or tribunal is not the preferred solution, international arbitration is considered to be an effective and equitable means of settling a dispute.
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Supriyadi, Supriyadi, Mohammad Gufron AZ, and Kadek Wiwik Indrayanti. "Juridical review of construction contract disputes in Indonesia." Jurnal Cakrawala Hukum 13, no. 3 (December 28, 2022): 325–36. http://dx.doi.org/10.26905/idjch.v13i3.8916.

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Nowadays, the method of resolving disputes through the judiciary has received very sharp criticism from practitioners and legal theorists. The roles and functions of the judiciary are considered to be heavy, slow, take a long time, cost a lot of money, unresponsive in seeing the public interest, and too formal and technical. The problem to be raised in this research is how to resolve construction work contract disputes in Indonesia as regulated in Law Number 2 of 2017 concerning construction services and how to compare construction work contract dispute resolutions through adjudication and arbitration. The results of this study are Based on the description in the Discussion section. It is concluded that the Construction Services Act only stipulates one settlement mechanism, namely dispute resolution out of court (non-litigation). Even in the Construction Work Contract, there is no room to make efforts to resolve disputes through court institutions. Thus, the philosophy (spirit) carried is the concept of a "win-win solution." The stages of dispute resolution efforts include mediation, conciliation, and arbitration. Implementing mediation, conciliation, and arbitration may refer to Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.How to cite item: Supriadi, S., Gufron AZ, M., Indrayanti, KW., (2022). Juridical review of construction contract disputes in Indonesia. Jurnal Cakrawala Hukum,13(3)325-336. doi:10.26905/idjch.v13i3.8916.
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Bimasakti, Muhammad Adiguna. "IMPLEMENTATION OF GOVERNMENT PROCUREMENT OF GOODS / SERVICES LAW AS A STATE ADMINISTRATIVE DISPUTE." Jurnal Hukum Peratun 2, no. 2 (December 3, 2019): 213–34. http://dx.doi.org/10.25216/peratun.222019.213-234.

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Public Service is the embodiment of the main tasks of a governance. But in its implementation sometimes it also causes disputes due to losses experienced by community members due to a bad public service. Therefore Law No. 25 of 2009 concerning Public Services regulates dispute resolution in the implementation of public services. At least there are two types of ways to resolve compensation disputes in public services that caused by Tort in the Public Service, namely the Non-Litigation settlement through the Ombudsman, and the Litigation settlement through the Court. However, in further studies it was found that there was an overlap of authority between the Ombudsman and the Court in resolving public service disputes. This paper will try to discuss this in depth in terms of the philosophy of the existence of the Ombudsman, and its implications for its Special Adjudication authority. Aside from that, this paper will also discusses about the procedure of proceedings in the Administrative Court regarding public service disputes.
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Dissertations / Theses on the topic "Litigation, Adjudication and Dispute Resolution"

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Thompson, Roxene Marie II. "Efforts to Manage Disputes in the Construction Industry: A Comparison of the New Engineering Contract and the Dispute Review Board." Thesis, Virginia Tech, 1998. http://hdl.handle.net/10919/36625.

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The construction industry has been plagued with an increasing number of claims and high litigation costs. How do we reduce conflict and litigation in the construction process? On one hand, leaders of the construction industry in the United States (US) focused their efforts on improving alternative dispute resolution mechanisms. For instance, the American Society of Civil Engineers has introduced the Dispute Review Board (DRB) as a complementary provision to standard US construction practices. The establishment of the DRB to solve construction disputes on the job, avoid claims, and reduce project costs has proven considerable success. On the other hand, construction industry leaders in the United Kingdom (UK) have focused some of their efforts on improving general contract conditions. The Council of the Institution of Civil Engineers of the UK has introduced the New Engineering Contract (NEC) to the construction industry as an alternative to presently used contracts. The NEC proposes to be an innovative, non-adversarial mechanism to resolve disputes on the job, avoid and reduce claims, and to assuage rising litigation costs in the construction industry. It too has proven considerable success in its efforts. This research concentrates on the DRB and the NEC as attempts by construction leaders to modernize and improve construction practices. In summary, the research compares the success stories of the DRB and the NEC as approaches to combating the adversarial nature, increasing number of disputes and rising litigation costs in the construction industry. The main conclusions ascertained in this research are as follows. Despite coming from similar business environments, construction industry leaders in the US and the UK embarked on different methods to address the issues plaguing the industry and to improve construction practices. Both in the US and the UK, construction leaders were mostly influenced to proactively seek and implement change in construction practices by experts from within the engineering and construction industry vanguard. The undertaking of these changes have shown similar success stories and the results have produced substantial impacts on the construction process. In conclusion, the efforts of construction leaders to implement the DRB and the NEC have provided effective mechanisms in improving communication and relations, and managing disputes in a timely fashion at the job site level.
Master of Science
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Borrie, N. C. "An evaluation of the use of mediation in environmental dispute resolution under s.268 of the Resource Management Act 1991." Lincoln University, 2002. http://hdl.handle.net/10182/2118.

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Since the 1970s there has been a growing interest in, and utilisation of, Alternative Dispute Resolution (ADR) techniques to resolve environmental conflicts in western societies. ADR was incorporated into one of New Zealand's main environmental statutes, the Resource Management Act 1991(RMA). Under s.268 of the RMA the Environment Court (the Court) may, if the parties agree, conduct mediation in order to facilitate settlement of resource management disputes. The RMA, which has now been in operation for ten years, gives no guidance as to the way in which mediation is to be conducted. The Court has developed procedures and processes for administering and conducting mediation. This study critically evaluates the practice of Court assisted mediation of environmental disputes under the RMA. A literature review and interviews with stakeholder groups are used in this evaluation. The study shows that mediation generates benefits for the Court and participants. It also identifies limitations with the current mediation procedures and processes. These may impact the effectiveness of participants in mediation, their satisfaction with, and support for, the mediated settlement and with the environmental outcomes. The study recommends a series of guidelines be prepared on the functions and administrative procedures of the Court and on the mediation process promoted by the Court. Further research is also recommended. It is considered that these recommendations, if implemented, will enhance the process for participants, ensure more equitable and consistent environmental outcomes, in terms of present and future generations, and retain public confidence in the mediation process.
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Wong, Doris Pui Sze. "Can adjudication become more popular in Hong Kong construction industry?" access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21324293a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2005.
"A dissertation submitted in partial fulfillment of the requirements for the degree of Master of arts in arbitration and dispute resolution." Title from title screen (viewed on Sept. 20, 2006) Includes bibliographical references.
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Rivlin, Jennifer N. "Conflict management climate related to employment litigation." Diss., Georgia Institute of Technology, 2001. http://hdl.handle.net/1853/29532.

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Wilson, P. "The socio-legal dynamics of HIV and AIDS." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.282066.

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Kwong, John Ka Sing. "Conflict avoidance and dispute resolution methods for public works contracts and the adoption of dispute resolution advisor system and adjudication in Hong Kong." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833659a.pdf.

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De, Oliveira Michélle Branco. "Dispute resolution under the general conditions of contract 2010 / Michélle Branco de Oliveira." Thesis, North-West University, 2012. http://hdl.handle.net/10394/8671.

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In the light of the nature of the construction industry and the fact that it is often burdened with disputes arising from the contract, appropriate and unique alternative dispute resolution procedures are indispensable for disputes to be resolved quickly, efficiently and effectively. Section 34 of the Constitution of the Republic of South Africa, 1996 provides for the right to have disputes resolved by means of a public hearing before a court, alternatively, where appropriate, by means of an independent, impartial forum. Arbitration, mediation, conciliation and adjudication, to name but a few, are alternative methods used in resolving South African construction disputes. Some of these alternative dispute resolution (ADR) methods are provided for in the Construction Industry Development Board recommended standard contracts. This study entails an analysis of the ADR methods in construction agreements with specific reference to the General Conditions of Contract for Construction Works 2010 (GCC 2010) and a comparison thereof with the English position. The application of the recommended ADR methods in the South African construction industry, especially adjudication, faces many challenges. There is no certainty as to the definition nor the procedure to be followed in the use thereof. The study concluded that there is a definite need for the contract to be reviewed, in particular the dispute resolution clause. The introduction of on- line dispute resolution was also recommended. This will contribute towards efficient, effective and expedient dispute resolution that is required due to the nature and role of the construction industry in a country‟s economy. There is also a definite need for legislation to be implemented which will assist in clarifying as well as regulating the adjudication procedure as used in the South African construction industry.
Thesis (LLM)--North-West University, Potchefstroom Campus, 2013
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Choi, Wai Ping. "A study of the adoption of adjudication in e-commerce disputes in Hong Kong and the way forward." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21843144a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2006.
"A dissertation submitted in partial fulfillment of the requirements for the degree of Master of Arts in arbitration and dispute resolution, School of Law, City University of Hong Kong" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
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Gerber, Marcel. "Alternative dispute resolution in the BRICS nations: A comparative labour law perspective." University of the Western Cape, 2019. http://hdl.handle.net/11394/6996.

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Magister Legum - LLM
Alternative dispute resolution refers to forms of dispute resolution, other than traditional and formal court based litigation. A notable benefit of alternative dispute resolution is that different processes are available for resolving a particular dispute in the most effective and efficient manner possible. Alternative dispute resolution includes but is not limited to arbitration, mediation, negotiation, conciliation and facilitation. The Constitution of the Republic of South Africa, 1996, lists human dignity, equality and the advancement of human rights and freedoms as the founding values of the Republic of South Africa. In terms of section 9(1) of the Constitution everyone is regarded as equal before the law and has the right to equal protection and benefit of the law in South Africa. Often it is however argued that traditional court based litigation hinders the full enjoyment of these rights by individuals. Consequently, alternative dispute resolution is attractive as an alternative to court based litigation as it is regarded as less expensive, more time effective and results in less conflict when it comes to resolving disputes in the most accessible, effective and efficient manner possible, in both developed and developing countries. The study will first focus on the pitfalls to traditional court based litigation in South Africa. The relevant legislation and processes which provide for alternative dispute resolution processes in South Africa, with specific focus on alternative dispute resolution in labour disputes, will be considered. Consideration will be given to the provision of alternative dispute resolution as contained in the Constitution, the Labour Relations Act 66 of 1995, the Rules for the Conduct of Proceedings before the CCMA of 2003 and the Arbitration Act 42 of 1965. The study will thereafter proceed to consider the use of alternative dispute resolution in labour disputes in Brazil, Russia, India and China, who, together with South Africa, are collectively referred to as BRICS. These five nations are considered the world’s leading emerging economies, with similar economic capabilities and demographics.
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Lam, So-wai, and 林素慧. "The feasibility in the use of statute-based adjudication for dispute resolution in the construction industry in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2007. http://hub.hku.hk/bib/B45164770.

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Books on the topic "Litigation, Adjudication and Dispute Resolution"

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Litigation & dispute resolution. London: Global Legal Group, 2012.

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Labour litigation and dispute resolution. Cape Town: Juta, 2010.

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McAdams, Richard. The expressive power of adjudication. Toronto: Law and Economics Programme, Faculty of Law, University of Toronto, 2004.

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Corum, Michael. Supervisor's guide to litigation and dispute resolution. Arlington, Virginia: Dewey Publications, Inc., 2011.

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Chow, Kok Fong. Adjudication of construction payment disputes in Malaysia: Navigating the construction industry payment and adjudication act. Petaling Jaya, Selangor Darul Ehsan: LexisNexis, 2014.

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Rützel, Stefan. Commercial dispute resolution in Germany: Litigation, arbitration, mediation. München: C.H. Beck, 2005.

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Tyagi, Neelam. Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR). Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1015-8.

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Fiss, Owen M. Adjudication and its alternatives: An introduction to procedure. New York: Foundation Press, Thomson/West, 2003.

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Royce, Darryl. Adjudication in construction law. Milton Park, Abingdon, Oxon: Informa Law from Routledge, 2016.

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Institute, Pennsylvania Bar. Arbitration litigation. [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 2010.

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Book chapters on the topic "Litigation, Adjudication and Dispute Resolution"

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Hoffman, David P., Daniel G. Lentz, and Roman L. Weil. "A Dispute Resolution Primer." In Litigation Services Handbook, 1–33. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2015. http://dx.doi.org/10.1002/9781119204794.ch1.

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Evans, Elizabeth A., Daniel G. Lentz, and Roman L. Weil. "A Dispute Resolution Primer." In Litigation Services Handbook, 1–32. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2017. http://dx.doi.org/10.1002/9781119363194.ch1.

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Glaholt, Duncan W. "Statutory adjudication in Canada." In Construction Arbitration and Alternative Dispute Resolution, 217–35. London: Informa Law from Routledge, 2021. http://dx.doi.org/10.4324/9781003155973-18.

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Han, Toh Chen. "Statutory adjudication in Singapore." In Construction Arbitration and Alternative Dispute Resolution, 237–59. London: Informa Law from Routledge, 2021. http://dx.doi.org/10.4324/9781003155973-19.

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Kelly, Sean, Julian Bailey, and Matthew Bell. "Statutory adjudication in Australia." In Construction Arbitration and Alternative Dispute Resolution, 261–89. London: Informa Law from Routledge, 2021. http://dx.doi.org/10.4324/9781003155973-20.

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Pickavance, James. "Statutory adjudication in the United Kingdom." In Construction Arbitration and Alternative Dispute Resolution, 195–216. London: Informa Law from Routledge, 2021. http://dx.doi.org/10.4324/9781003155973-17.

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Anderson, Winston, and Richard Layne. "International Litigation and the Caribbean Court of Justice." In Integration and International Dispute Resolution in Small States, 303–18. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-74573-2_14.

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Hughes, Kelvin. "The Dispute Avoidance/Adjudication Board and the Resolution of Disputes." In Understanding FIDIC, 255–65. Abingdon, Oxon; New York, NY: Routledge, 2021. | Series: Understanding construction: Routledge, 2020. http://dx.doi.org/10.1201/9780367855161-11.

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Tyagi, Neelam. "Matrimonial Litigation, Its Aftermath, and ADR Mechanisms in Focus." In Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR), 67–116. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1015-8_3.

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Tyagi, Neelam. "Stumbling Blocks in Battered Women Access to Justice: Gender Inequities, Violence, and Economic Marginalization." In Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR), 167–216. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1015-8_5.

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Conference papers on the topic "Litigation, Adjudication and Dispute Resolution"

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Hapuarachchi, H. N. M., and K. Udayangani. "Suitability of alternative dispute resolution methods based on risk factors to the Sri Lankan construction industry." In Independence and interdependence of sustainable spaces. Faculty of Architecture Research Unit, 2022. http://dx.doi.org/10.31705/faru.2022.11.

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Disputes in construction projects always used to resolve in litigation, where nowadays parties use new innovative dispute resolution methods known as Alternative Dispute Resolution(ADR)s. Many ADR-related studies in the local context are relevant to its applicability, enforceability, and effectiveness, whereas less studies exist on the choice of ADR method(s). Further, the literature proves risk in construction projects can be used as a criterion to select ADR methods, where studies are very less. Followingly, this study focused on developing a matrix based on risk factors in the construction industry for the choice of ADR method(s) under mixed research approach. The literature survey explored ADR method(s) and risk factors. Expert interviews were executed with five experts to filter the risk factors under the choice of ADR method(s) where 10 out of 15 risk factors were chosen as applicable for the study. Then, a structured questionnaire was designed with expert interview findings and distributed among 40 experts, where 34 responses were received. The responses were analyzed through Relative Importance Index technique. Thus, ADR methods were ranked against risk factors based on RII values and developed the matrix. The result proves negotiation is the best ADR method where conciliation, mediation, dispute adjudication and arbitration are suitable respectively.
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Petrović, Milena. "MINI SUĐENjE (MINI – TRIAL) – NOVI TALAS U REŠAVANjU MEĐUNARODNIH PRIVREDNIH SPOROVA." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.887p.

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The mini - trial is an alternative dispute resolution (ADR) procedure that is used by businesses to resolve legal issues without incurring the expense and delay associated with court litigation. It does not result in a formal adjudication but is a vehicle for the parties to arrive at a solution through a structured settlement process. It is used most effectively when complex issues are at stake and the parties need or wish to maintain an amicable relationship. The term ’mini - trial’ is a misnomer, as it is not a trial, mini or otherwise. Rather, it is a voluntary, private, informal, confidential and non-binding settlement technique used most frequently in international disputes between corporations from different countries and cultures. It allows the disputants to focus on the merits of the dispute instead of dealing with procedural issues which differ from one legal system to another. Mini- trial is most helpful in case involving complex factual disputes which are always more amenable to consensual resolution processes, although mixed questions of fact and law may be also be appropriate for mini-trial if there is no need for a definitive judgment on the law.
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3

Hayati, Kemala, Yusuf Latief, and Ahmad Jaka S. "Risk response analysis for construction dispute resolution on litigation." In PROCEEDINGS OF THE 3RD INTERNATIONAL CONFERENCE ON AUTOMOTIVE INNOVATION GREEN ENERGY VEHICLE: AIGEV 2018. Author(s), 2019. http://dx.doi.org/10.1063/1.5085980.

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Trinkūnienė, Eva, and Vaidotas Trinkūnas. "MEDIATION AS AN ALTERNATIVE MEANS TO THE BUSINESS DISPUTE RESOLUTION." In 12th International Scientific Conference „Business and Management 2022“. Vilnius Gediminas Technical University, 2022. http://dx.doi.org/10.3846/bm.2022.840.

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In business, disputes often arise over contractual relationships when contractual obligations are not properly fulfilled. The potential risk of disputes must always be assessed. Timing and adherence to agreed deadlines are very important in business, as any delay can cause significant damage, and the legal entity can suffer significant losses. In a dispute between business partners, people tend to go to the court and fight there to the fullest rather than reach an amicable settlement, but there is always a winning and losing party in a litigation. From a long-term perspective, it will be impossible for the disputing parties to work together in the future, and the losing party will always feel great resentment towards the winner. Therefore, litigation is not always an attractive option and in this case mediation is a great way to resolve business disputes due to its expediency. Mediation is a dynamic, structured, interactive process which is focused on the needs, rights, and interests of the parties. It also helps to find the optimal solution and encourages open communication. This article presents the possibilities and perspectives of the application of mediation in Lithuania by reviewing global practice.
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Trinkūnienė, Eva, and Vaidotas Trinkūnas. "MEDIATION AS AN ALTERNATIVE MEANS TO THE BUSINESS DISPUTE RESOLUTION." In 12th International Scientific Conference „Business and Management 2022“. Vilnius Gediminas Technical University, 2022. http://dx.doi.org/10.3846/bm.2022.840.

Full text
Abstract:
In business, disputes often arise over contractual relationships when contractual obligations are not properly fulfilled. The potential risk of disputes must always be assessed. Timing and adherence to agreed deadlines are very important in business, as any delay can cause significant damage, and the legal entity can suffer significant losses. In a dispute between business partners, people tend to go to the court and fight there to the fullest rather than reach an amicable settlement, but there is always a winning and losing party in a litigation. From a long-term perspective, it will be impossible for the disputing parties to work together in the future, and the losing party will always feel great resentment towards the winner. Therefore, litigation is not always an attractive option and in this case mediation is a great way to resolve business disputes due to its expediency. Mediation is a dynamic, structured, interactive process which is focused on the needs, rights, and interests of the parties. It also helps to find the optimal solution and encourages open communication. This article presents the possibilities and perspectives of the application of mediation in Lithuania by reviewing global practice.
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6

Hidayati, Tri, and Muhammad Azam Hussain. "Legal Construction of Islamic Banking Dispute Resolution through Litigation in Indonesia and Malaysia." In Annual Conference on Social Sciences and Humanities. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0007417902010207.

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