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Alternative Dispute Resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation). Additionally, parties to merger a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Violence
Violence is the use of physical force so as to injure, abuse, damage, or destroy. Other definitions are also used, such as the World Health Organization's definition of violence as "the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation."Krug et al."World report on violence and health", World Health Organization, 2002. Internationally, violence resulted in deaths of an estimated 1.28 million people in 2013 up from 1.13 million in 1990. However, global population grew by roughly 1.9 billion during those years, showing a dramatic reduction in violence per capita. Of the deaths in 2013, roughly 842,000 were attributed to self-harm (suicide), 405,000 to interpersonal violence, and 31,000 to collective violence ( war) and legal intervention. For each single death due to v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lok Adalat
Lok Adalat is a Statutory Organization under the Legal Services Authorities Act, 1987, and was created as an alternative dispute resolution mechanism used in India to resolve disputes/grievances outside courts. It is a forum where cases pending on panchayat, or at a pre-litigation stage in a court of law, are settled. Under this Act, the award (decision) made by the Lok Adalats is deemed to be a civil court case and is final and binding on all parties. No appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat (though there is no provision for an appeal against such an award), they are free to initiate litigation by approaching the court of appropriate jurisdiction. 1987 with a statutory status for using alternative dispute redressal mechanisms. The first Lok Adalats were held in Gujarat in 1982 and in Chennai in 1986. Section 22 B of The Legal Services Authorities Act 1987 provides for the establishment of Pe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Code Of Civil Procedure (India)
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India. History To give uniformity to Civil Procedure, Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of Governor-General on 23 March 1859. The Code however, was not applicable to the Supreme Court in the Presidency Towns and to the Presidency Small Cause Courts. It did not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not fulfill the requirements of time and large amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced. Wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UNCITRAL Model Law On International Commercial Arbitration
The UNCITRAL Model Law on International Commercial Arbitration is a model law prepared by UNCITRAL, and adopted by the United Nations Commission on International Trade Law on 21 June 1985. In 2006, it was amended and now includes more detailed provisions on interim measures. The model law is not binding, but individual states may adopt the model law by incorporating it into their domestic law (as, for example, Australia did, in the International Arbitration Act 1974, as amended). The model law was published in English and in French. Translations in all six United Nations languages now exist. Note that there is a difference between the UNCITRAL ''Model Law'' on International Commercial Arbitration (1985) and the UNCITRAL ''Arbitration Rules''. On its website, UNCITRAL explains the difference as follows: "The UNCITRAL Model Law provides a pattern that law-makers in national governments can adopt as part of their domestic legislation on arbitration. The UNCITRAL Arbitration Ru ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration And Conciliation Act 1996
The 'Arbitration and Conciliation Act 1996' is an Act that regulates domestic arbitration in India India, officially the Republic of India ( Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the .... It was amended in 2015 and 2019. The Government of India decided to amend the Arbitration and Conciliation Act, 1996 by introducing the Arbitration and Conciliation (Amendment) Bill, 2015 in the Parliament. In an attempt to make arbitration a preferred mode of settlement of commercial disputes and making India a hub of international commercial arbitration, the President of India on 23 October 2015 promulgated an Ordinance (Arbitration and Conciliation (Amendment) Ordinance, 2015) amending the Arbitration and Conciliation Act, 1996. The Union Cabinet chaired by the Prime Minister, had given its approval for amendments to the Arbitrat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iceland
Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its surrounding areas) is home to over 65% of the population. Iceland is the biggest part of the Mid-Atlantic Ridge that rises above sea level, and its central volcanic plateau is erupting almost constantly. The interior consists of a plateau characterised by sand and lava fields, mountains, and glaciers, and many glacial rivers flow to the sea through the lowlands. Iceland is warmed by the Gulf Stream and has a temperate climate, despite a high latitude just outside the Arctic Circle. Its high latitude and marine influence keep summers chilly, and most of its islands have a polar climate. According to the ancient manuscript , the settlement of Iceland began in 874 AD when the Norwegian chieftain Ingólfr Arnarson became the first ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Njáls Saga
''Njáls saga'' ( ), also ''Njála'' ( ), ''Brennu-Njáls saga'' ( ) or ''"The Story of Burnt Njáll"'', is a thirteenth-century Icelandic saga that describes events between 960 and 1020. The saga deals with a process of blood feuds in the Icelandic Commonwealth, showing how the requirements of honor could lead to minor slights spiralling into destructive and prolonged bloodshed. Insults where a character's manhood is called into question are especially prominent and may reflect an author critical of an overly restrictive ideal of masculinity. Another characteristic of the narrative is the presence of omens and prophetic dreams. It is disputed whether this reflects a fatalistic outlook on the part of the author. The principal characters in the saga are the friends Njáll Þorgeirsson, a lawyer and a sage, and Gunnar Hámundarson, a formidable warrior. Gunnar's wife, Hallgerðr langbrók, instigates a feud that leads to the death of many characters over several decades in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alternative Dispute Resolution Institute Of Alberta
The Alternative Dispute Resolution Institute of Alberta (ADRIA) is a non-profit organization with offices in Edmonton, Alberta, that provides Alternative Dispute Resolution (ADR) services to its members and the public. It was originally founded in 1982, encapsulated within the Alberta Arbitration and Mediation Society (AAMS), but the two organizations split in 2012 so that AAMS could continue to exist with charitable status, while ADRIA emerged and carried on the membership based non-profit work. ADRIA's mandate is to promote the use of ADR while offering education and training to individuals across Alberta and the Northwest Territories in negotiation, mediation, arbitration Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or ' arbitral tribunal'), which renders the ..., and restorative practices. The organization has been used a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
ADR Institute Of Canada
The ADR Institute of Canada (ADRIC), is a non-profit organization that offers alternative dispute resolution services to its members and the public across the country. It is one of the leading authorities on ADR in Canada, offering highly respected professional designations for both mediation and arbitration, with plans for a mediation and arbitration (Med-Arb) designation in the works. ADRIC has also created an established set of ADR rules and codes, outlining the principles by which its affiliated ADR practitioners commit themselves to following. Beyond promoting ADR and networking and training individuals in ADR practices, ADRIC presides as the national body of the seven regional affiliate bodies of the ADR Institutes in Canada: * ADR Institute of Alberta (ADRIA), first signed MOU in 1996, originally as ''Alberta Arbitration and Mediation Society.'' * ADR Institute of British Columbia (ADR BC), first signed MOU in 1996, originally as ''British Columbia Arbitration and Mediation I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hryniak V Mauldin
is a landmark case of the Supreme Court of Canada that supports recent reforms to Canadian civil procedure in the area of granting summary judgment in civil cases. Background Civil justice reform Summary judgment procedures were first introduced in Canadian courts in the 1980s. Ontario, after a study on the issues of access to justice, reformed its rules in 2010 to extend the powers of motion judges and masters for ordering summary judgment. This followed the introduction of similar measures in Alberta and British Columbia, all of which have been inspired by the reforms introduced in the English ''Civil Procedure Rules'' and the US ''Federal Rules of Civil Procedure''. The present case A group of American investors (the "Mauldin Group") placed their money in the hands of Tropos Capital Inc., a company incorporated in Barbados that traded in bonds and debt instruments. At the end of June 2001, the group wired US$1.2 million to Cassels Brock (a Canadian law firm), which was poole ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada ( English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
