alternative dispute resolution

Examples of alternative dispute resolution in the following topics:

• Arbitration

  • Arbitration is a form of dispute resolution that can be used to resolve international commercial, investment, and interstate conflicts.
  • Arbitration, a form of alternative dispute resolution, is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons by whose decision they agree to be bound.
  • Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions.
  • In other words, the parties' agree to submit disputes to binding resolution by arbitrators, usually by including a provision for the arbitration of future disputes in their contract.
  • Arbitration has been used for centuries for the resolution of disputes between states and state-like entities.

• Resolving Conflicts

  • The judiciary also provides a mechanism for the resolution of disputes.
  • More narrowly, dispute resolution is the process of resolving disputes between parties.
  • The legal system provides a necessary structure for the resolution of many disputes.
  • Some disputes need the coercive power of the state to enforce a resolution.
  • The most common form of judicial dispute resolution is litigation.

• Civil Law and Criminal Law

  • Criminal law is the body of law that relates to crime and civil law deals with disputes between organizations and individuals.
  • Criminal law differs from civil law, whose emphasis is more on dispute resolution than in punishment.
  • Civil law differs from criminal law, which emphasizes punishment rather than dispute resolution.
  • In civil law there is the attempt to right a wrong, honor an agreement, or settle a dispute.
  • If there is a victim, they get compensation, and the person who is the cause of the wrong pays, this being a civilized form of, or legal alternative to, revenge.

• Debate over the Presidency and the Judiciary

  • During the Constitutional Convention, the most contentious disputes revolved around the composition of the Presidency and the Judiciary.
  • Most of the convention was spent deciding these issues, while the powers of legislature, executive, and judiciary were not heavily disputed .
  • To resolve this dispute, the convention agreed that the house would elect the president if no candidate had an Electoral College majority, but that each state delegation would vote as a block, rather than individually .
  • The Committee of Detail was a committee established by the United States Constitutional Convention on June 23, 1787 to put down a draft text reflecting the agreements made by the convention up to that point, including the Virginia Plan's 15 resolutions.
  • During the Constitutional Convention, some the most contentious disputes revolved around the composition of the Presidency and the Judiciary.

• Congress

  • U.S. troops moved into an area in which the new international boundary was being disputed.
  • Therefore, in light of the speculation concerning the Gulf of Tonkin and the possible abuse of the authorization that followed, Congress passed the War Powers Resolution in 1973.
  • The constitutionality of the resolution has never been settled.
  • They believe this because no amendment with two-thirds majority of states has changed the original intent to make the War Powers Resolution legally binding.
  • However, the Supreme Court has never ruled directly on the matter and to date no counter-resolutions have come to a vote.

• The Legislative Function

  • Legislative, oversight, and internal administrative tasks are divided among about two hundred committees and subcommittees which gather information, evaluate alternatives, and identify problems.
  • In order to form a bill or resolution, first the House Financial Services committee meets.
  • A joint resolution, which differs little from a bill since both are treated similarly.
  • However, a joint resolution originates from the House.
  • Simple resolutions, which concern only the House or only the Senate.

• Debate

  • Debate is contention in argument, dispute, controversy, and discussion.
  • The only way to end a filibuster is for three-fifths of all Senators to vote for a cloture resolution, which ends all debate and brings the bill up for voting.

• World War I and the League of Nations

  • Its primary goals, as stated in its Covenant, included preventing wars through collective security and disarmament, and settling international disputes through negotiation and arbitration.
  • The League lacked its own armed force, and depended on the Great powers to enforce its resolutions, keep to its economic sanctions, or provide an army when needed.

• Consumer Interest Groups

  • The BBB works to advance marketplace trust by publishing business reviews and providing a dispute resolution process.

• The New Deal: Cooperative Federalism and the Growth of the National Government

  • It may grant exclusive jurisdiction to the federal courts, or it may choose to leave enforcement of that right to civil dispute resolution among parties in the state court.