Hong Kong is no stranger to Alternative Dispute Decision (ADR). Educated consumers will usually select to make use of many different choices depending on the wants and circumstances that they face. P: CPR publishes its own work and that of different like-minded organizations, making sources out there to a worldwide neighborhood of problem-solvers.
It supplies that the place it appears to the court docket that there exist components, which can be acceptable to the parties, the court may formulate the phrases of a doable settlement and refer the identical for arbitration, conciliation, mediation or judicial settlement.
It ends in tragedy with the illegal burning of Njal alive in his home, the escape of a good friend of the family, a mini-struggle and the eventual ending of the dispute by the intermarriage of the two strongest survivors. The traditional formal mediative process is referral for mediation earlier than a courtroom-appointed mediator or mediation panel.
If it’s a tool, then the question is the improper query) (is mediation ADR except a courtroom orders it? One could theoretically include violence and even conflict as part of this spectrum, but dispute decision practitioners do not usually do so; violence rarely ends disputes successfully, and indeed, typically solely escalates them.
Etymologically, Lok Adalat means “people’s courtroom”. Informal referral to a co-worker known to assist individuals work out points is an off-the-cuff process. This article offers some steering, tailored from Frank E. A. Sander and Lukasz Rozdeiczer’s chapter on the subject in The Handbook of Dispute Decision (Jossey-Bass, 2005).