ADR Reviewer

November 25, 2018 | Author: nigz | Category: Alternative Dispute Resolution, Mediation, Arbitration, Society, Social Institutions
Share Embed Donate

Short Description

ADR Reviewer...


A. What What is ADR? ADR?  This is the choice given to parties to a dispute to choose the mode of resolving their dierences either through arbitration, mediation, conciliation, and other similar modes thereby avoiding costly and time-consuming court litigation. . !tate !tate policy policy on on ADR? ADR?  To  To promote party autonomy in the resolution of disputes disputes or the freedom of the parties to ma"e their o#n arrangements to resolve their disputes. $se as an important means to achieve speedy and impartial %ustice and de-clog court doc"ets. &. $ltimate $ltimate goal goal of ADR? 'mpo#erment of disputants in the manner of resolving their disputes. D. 'ect 'ect of ADR? ADR? (t has the eect of de-clogging court doc"ets and allo#ing them to focus their %udicial attention and resources to resolving other more pressing issues before them. '. &ourt- Anne)ed Anne)ed mediation mediation and &ourt-Referred &ourt-Referred mediation? &ourt-Anne)ed &ourt-Anne)ed mediation means any mediation process conducted under the auspices of the court, after such court has ac*uired %urisdiction of the dispute &ourt-Referred &ourt-Referred mediation means mediation ordered o rdered by a court to be conducted in accordance #ith the Agreement of the +arties. . What are e)cl e)cluded uded from from the applicati application on of the ADR a#? . abor dispute disputes s covered covered under the abor abor &ode /. &ivil &ivil !tatus !tatus of of a person person 0. 1alidity alidity of a marria marriage ge 2. Any ground ground for for legal separation separation 3. 4urisd 4urisdict iction ion of courts courts 5. uture uture egitim egitime e 6. &rimin &riminal al liabil liability ity 7. Those #hich #hich by la# cannot cannot be compr compromised omised 8. What is 9egotiation? 9egotiation? oth parties each present their positions as #ell as e)amining the position of the other party. &ompetitive negotiation vie#s each opposing party as trying to ma)imi:e their gains at the e)pense of the th e other. other. (t is some#hat adversarial

&ollaborative negotiation proceeds from the %oint eort of both parties in reaching an acceptable settlement of their dispute to the bene;t of all concerned.
View more...


Copyright ©2017 KUPDF Inc.