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Domestic Alternative Dispute Resolution

 

Alternative Dispute Resolution Manual: Implementing Commercial Mediation (IFC)

Using case studies, diagnostic and assessment tools, and stakeholder-specific marketing approaches, this manual published in 2006 aims at providing strategies to overcome the challenges of building alternative dispute resolution programs.

Introduction: the manual, meant for development professionals, starts with a description of its contents, applications, and limitations of ADR. (PDF, 60KB)

Chapter 1: defines individual ADR processes with attention to the features that distinguish them from conventional dispute resolution. (PDF, 103KB)

Chapter 2: provides a framework for assessing the feasibility of beginning ADR projects, using country and project-specific criteria. (PDF, 118KB)

Chapter 3: offers guidelines for designing ADR projects, centers and assessment tools, and building local partnerships. (PDF, 153KB)

Chapter 4: addresses implementation, with guidance on creating ADR-friendly environments, working within local legal contexts, and selecting cases for mediation. (PDF, 811KB)

Chapter 5: discusses why, when, and how to perform assessments that take into account resources used and outcomes achieved. (PDF, 674KB)

Chapter 6: presents lessons learned in developing ADR projects, highlighting the challenges of creating demand and sustainability. (PDF, 325KB)

The Annexes: contain resources to assist program designers and managers, with descriptions of ADR procedures, case studies of projects in various country contexts, sample contract language and agreements, model codes of ethics for mediators, and a list of additional Web resources. (PDF, 3.4MB)

Inter-American Development Bank: Alternative Dispute Resolution in Nine Latin-American Countries

This report published by the Inter-American Development Bank in 2006 is a comparative study of the state of ADR in nine Latin American countries. The study aims at identifying the use of mediation and arbitration by private sector firms. It also proposes policy guides for promoting mediation and arbitration. Moreover, it focuses on the cost of disputes and its implications for choosing conflict-resolution mechanisms. The report includes surveys of 700 small, medium and large businesses in the region. The study is available in Spanish.


 

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Additional Resources on Domestic ADR

Argentina

La Trama

Virtual journal on alternative dispute resolution mechanisms.

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Australia

Australian Dispute Resolution Website

Website on dispute resolution and conflict management in Australia.

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Dispute Resolution Centre

The Dispute Resolution Centre, established in 1989, has a national reputation in training, teaching, research and mediation practice. It is based in the Bond University School of Law and has an inter-disciplinary focus.

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Institute of Arbitrators and Mediators Australia

Australia's largest arbitration and mediation organization provides information about courses, publications, chapters, and membership.

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Bangladesh

Mediation in Bangladesh's Family Courts

Working with counterparts from the United States, a team of Bangladeshi judges and lawyers have devised a program to mediate disputes brought to the Family Courts. This report by High Court Justice K.M. Hasan describes how the project was developed, the problems that had to be overcome to implement it, and early results from piloting it in selected courts.

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China

Arbitration in China

Online journal providing arbitration news in China as well as links to laws, services, and current issues. In Chinese and English.

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Beijing Arbitration Commission

Information on the Commission, including purpose, rules, and fees. Links to Chinese laws. In Chinese and English.

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Hong Kong International Arbitration Centre

Detailed information on the Centre’s services and rules as well as guides to maritime, family, domain name, and other types of arbitration. Includes statistics and useful links. In Chinese and English.

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Denmark

Danish Institute of Arbitration

Detailed information on the Institute’s services, statutes, and rules. In Danish, English, and German. services, statutes, and rules.

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Egypt

The Cairo Regional Center for International Commercial Arbitration

Provides information about the Centre, which is an independent non-profit international organization. The aim of the Centre is to contribute to and enrich the progress of economic development in Africa and Asia.

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Italy

Chamber of Arbitration, Milan, Italy

Information on the arbitration and conciliation services offered by the Chamber of Commerce in Milan, Italy. Includes description of rules, fee schedule, and code of ethics. In Italian and English.

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Malta

Malta Arbitration Centre

Provides information about the Centre1, which was set up to promote and encourage the conduct of domestic arbitration and international commercial arbitration.

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Netherlands

Permanent Court of Arbitration

Comprehensive site with information on the history, activities, documents, and procedures of the Permanent Court of Arbitration of The Hague, The Netherlands. Includes useful links. In English and French with some documents available in Spanish.

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Nigeria

Nigerian Arbitration and Conciliation Act

Full text of the Nigerian Arbitration and Conciliation Act.

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Singapore

Singapore International Arbitration Center

Promotes arbitration as an alternative to litigation for the settlement of commercial disputes, provides facilities for and information about international and domestic commercial arbitration.

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Singapore Mediation Centre

Details structure, services, procedures, and other pertinent information, including full on-line availability of press releases and select ADR bulletins as well as information on how to access publications.

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South Africa

Centre for Conflict Resolution

The Centre for Conflict Resolution seeks to contribute towards a just peace in South Africa and elsewhere in Africa through mediation, facilitation, training, education, research, and an emphasis on capacity building.

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Commission for Conciliation, Mediation & Arbitration

The Commission for Conciliation Mediation and Arbitration is an independent body established in 1995.This website provides information about many aspects of labour relations, dispute resolution, and collective bargaining.

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Switzerland

Swiss Arbitration Association

ASA is a nonprofit association of 750 individual members (200 outside Switzerland and 25 corporate members. It is not an arbtral association.

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United Kingdom

ADR Group

Promotes mediation for the solution of family or commercial disputes, and provides information on Alternative Dispute Resolution training. The group is composed of ADR Net Limited, IDR Europe Limited, and ADR Group Family Mediation Training Limited.

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United States of America

American Arbitration Organization

Website of the American Arbitration Organization, an organization which resolves 14,500 labor-management disputes annually. The site includes guides to ADR, links to publications, and general information about the organization.

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Association for Conflict Resolution, US

Information on membership, upcoming conferences, training programs, and other services. Encompasses all areas of alternative dispute resolution.

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Basic Concepts: Legal Information Institute

A page from Cornell Law School's web site outlining the basic concepts and sources for American Alternate Dispute Resolution (ADR). Includes a variety of informative links to sites about both international and domestic ADR

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Center for Analysis of Alternative Dispute Resolution Systems

The Center for Analysis of Alternative Dispute Resolution Systems assists courts in Illinois in making the most efficient and effective use of alternative dispute resolution systems.

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FedLaw: Arbitration and Mediation, US

Provides links to laws, procedures, resource guides, and institutions related to US arbitration and mediation.

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Federal Mediation and Conciliation, US

Details the services offered by the FMC as well as provides full access to reports, brochures, and grant award information.

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Georgetown University Law Center

Georgetown University Law Center's ADR page with various links.

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Institute on Conflict Resolution at Cornell University

Home page of the Institute on Conflict Resolution at Cornell University. Includes news and informational links.

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Michigan State Court Administrative Office (SCAO) - Office of Dispute Resolution

The Michigan State Court Administrative Office has established an Office of Dispute Resolution to provide focus, integration ,a nd coordination of alternative dispute resolution services within the State Court Administrative Office.

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National Association for Community Mediation, US

Information on membership, mission, projects, and training opportunities. Includes an overview of community mediation and access to documents.

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National Legal Aid & Defender Association (NLADA)

NLADA serves the equal justice community in two major ways: providing first-rate products and services and as a leading national voice in public policy and legislative debates on the many issues affecting the equal justice community. NLADA also serves as a resource for those seeking more information on equal justice in the United States.

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Office of Dispute Resolution, US

Information on the role and activities of the Office of Dispute Resolution within the US Department of Justice. Includes access to useful documents as well as pertinent speeches.

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Victim Offender Mediation Association, US

Information about membership, victim-offender mediation, upcoming conferences, and full text on-line access to publications. Includes useful links.

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