Download or read book Simple Means of Settling Dispute written by Elijah EZEKIEL EKE and published by Independently Published. This book was released on 2021-04-25 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim and objective of this Book is gradually becoming a Household approach to dispute resolution because of the delay suffered by litigations in the normal court system. Alternative Dispute Resolution [ADR] is less formal, it is quick, cost less and at the same time saves time and does not infringe on the rights and privacy of the parties. It is used to create a 'win- win' situation between parties by providing resolutions that the parties agree and are happy with.More so, Simple Means of Settling Dispute is process involves the use of negotiation skills to Achieve and develop agreement that are beneficial to parties. It increased satisfaction and compliances with their solutions in which the parties themselves has participated. It is voluntary, flexible and used to serve the parties interest. The informality is what attract and appealing to disputants who may be intimidated by or unable to participate in more formal system. There is equity and fairness, the case is decided by a third party or negotiated between disputant based on the principles and terms agreeable and fair in the particular case rather than of litigation. The parties have direct participation in the process and designing of the settlement and it gives opportunity for reconciliation between parties and an atmosphere for result oriented, quick and cheap dispute resolution. Most importantly, the parties at the end of the day come to a common ground where by each party is happy with the outcomes. This may not be the case for matters resolved in court where one win and the other lose, but in Simple Means of Settling Dispute is a win - win situation. Parties' may agree to settle their disputes amicably in any way they consider suitable, unless such an agreement is contrary to the law. Such agreement will be enforceable only if agreement is reached by the parties.Simple Means of Settling Dispute is designed to engage in constructive and unambiguous dialogue to fashion out a path to resolution. It tailored resolution to disputant needs, increased satisfaction and compliance with the resolutions in which the parties themselves has participated. Issues resolved through the alternative dispute resolution methods techniques end up bringing satisfaction to aggrieved parties. This may not be the case for matters resolved in a law court, where one win and the other lose. One of the parties is Happy about the final decision of the judges while the other is left aggrieved. Some time, the aggrieved party looks for opportunity for further litigation, through appeals in higher court of law. Issues of appeal do not suffice, in Simple Means of Settling Dispute has each party reaches a mutually beneficial agreement that satisfy their aspirations.The scope and limitation of this Book of Simple Means of Settling Dispute is that there is no guaranteed resolution, with the exception of Arbitration; Alternative Dispute processes do not always lead to a resolution. It is possible that you could invest time and money in trying to resolve the dispute out - of - court and still end up having to proceed with litigation and trial before a judge or jury.Simple Means of Settling Dispute can resolve disputes that involves money but in ability to Decide criminal matters. If a party is not satisfied with the decision of the Arbitration, they can file a request for trial with the court within a specified time period after the Arbitration Award, but if the party does not receive a more favorable result at trial, they may have to pay a penalty or fees to the other side. Time to resolve a dispute may be a limitation, for some disputes to be resolved for a win - win situation may have to be concluded with stipulated time. When parties fail to agree, the resolution procedure drags on.Generally, arbitrators can only resolve disputes that involve money. They cannot issue orders requiring one party to do something, or refrain from doing something [also known as injunction]. They can do.....
Download or read book Diplomatic and Judicial Means of Dispute Settlement written by Laurence Boisson de Chazournes and published by Martinus Nijhoff Publishers. This book was released on 2012-10-12 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume offers an assessment of the interactions between diplomatic and judicial means of settling international disputes in selected areas: territorial questions, international criminal law, international trade law, investment arbitration and human rights. It includes contributions from some of the world's leading academics and practitioners.
Download or read book Settling Disputes written by Linda Singer and published by Routledge. This book was released on 2018-03-05 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the past few years, innovative methods have been developed not only to settle disputes out of court but also to supplement or replace the means by which legislatures, businesses, communities, therapists, and schools handle conflicts that once could be resolved only by litigation or force. Settling Disputes serves as an essential guide to the new settlement alternatives. This updated edition, in response to the rapid changes of the past five years, includes substantial new material that describes recent transformations in the way that courts and public agencies respond to disputes. The book discusses alternative dispute resolution from the viewpoints of potential participants and offers advice to those who are involved in disputes to help them analyze their situations and goals. Finally, it provides suggestions for professionals involved in dispute resolution and for those whose jobs in law, business, or government are affected by the new options for settling disputes.The dispute resolution movement continues to offer the most hopeful, powerful alternative to the business and personal costs of litigation or, worse, of violence. It has tremendous implications for the professional lives of Americans, for their private lives?as parents, spouses, neighbors, and consumers?and for their role as citizens.The first edition of Settling Disputes was awarded the 1990 Center for Public Resources Book Prize.
Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Download or read book International Law in a Transcivilizational World written by Onuma Yasuaki and published by Cambridge University Press. This book was released on 2017-02-15 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
Download or read book Handbook on the Peaceful Settlement of Disputes Between States written by United Nations. Codification Division and published by New York : United Nations. This book was released on 1992 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book Multi Tier Approaches to the Resolution of International Disputes written by Anselmo Reyes and published by Cambridge University Press. This book was released on 2021-12-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
Download or read book International Dispute Settlement written by J. G. Merrills and published by Cambridge University Press. This book was released on 2011-03-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.
Download or read book Convention europ enne pour le r glement pacifique des diff rends STE 23 written by Council of Europe and published by Council of Europe. This book was released on 1981-01-01 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Conciliation in International Law written by Christian Tomuschat and published by BRILL. This book was released on 2016-11-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects the materials underlying the International Colloquium “Conciliation in the Globalized World of Today“, held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons. This volume therefore draws the attention of everyone dealing with conflict management to those advantages. It does not end by providing a summary of conclusions to be drawn from the examination of the rules governing the OSCE Court and the practice of the other institutions considered. The reader will have to find out her/himself what experiences have been made in other fields where conciliation has been institutionalized as a dispute-settlement procedure. In this regard, the present book constitutes a treasury of lessons that cannot easily be brought down to a common denominator.
Download or read book The Mediation Process written by Christopher W. Moore and published by Jossey-Bass. This book was released on 1986-03-19 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides mediators and other professionals who use mediationsuch as lawyers, therapists, and personnel managerswith comprehensive, step-by-step instruction in effective dispute resolution strategies.
Download or read book The Oxford Handbook of Comparative Regionalism written by Tanja A. Börzel and published by Oxford University Press. This book was released on 2016 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Comparative Regionalism - the first of its kind - offers a systematic and wide-ranging survey of the scholarship on regionalism, regionalization, and regional governance. Unpacking the major debates, leading authors of the field synthesize the state of the art, provide a guide to the comparative study of regionalism, and identify future avenues of research. Twenty-seven chapters review the theoretical and empirical scholarship with regard to the emergence of regionalism, the institutional design of regional organizations and issue-specific governance, as well as the effects of regionalism and its relationship with processes of regionalization. The authors explore theories of cooperation, integration, and diffusion explaining the rise and the different forms of regionalism. The handbook also discusses the state of the art on the world regions: North America, Latin America, Europe, Eurasia, Asia, North Africa and the Middle East, and Sub-Saharan Africa. Various chapters survey the literature on regional governance in major issue areas such as security and peace, trade and finance, environment, migration, social and gender policies, as well as democracy and human rights. Finally, the handbook engages in cross-regional comparisons with regard to institutional design, dispute settlement, identities and communities, legitimacy and democracy, as well as inter- and transregionalism.
Download or read book Guide to WIPO Mediation written by and published by . This book was released on 1996 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Dynamics of Conflict Resolution written by Bernard Mayer and published by John Wiley & Sons. This book was released on 2010-09-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This empowering guide goes beyond observable techniques to offer a close look at the creative internal processes--both cognitive and psychological--that successful mediators and other conflict resolvers draw upon.
Download or read book Fundamentals of Public International Law written by Giovanni Distefano and published by BRILL. This book was released on 2019-05-07 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.
