Podcasts about alternative dispute resolution adr

In this month's episode of Taxing Matters, Alexis Armitage is joined by HMRC's Alternative Dispute Resolution (ADR) lead, Fiona McRobert, to discuss HMRC's approach to the ADR process, and how tax disputes may be resolved outside the Tax Tribunals and the court system. During this episode they discuss:how the ADR process differs from formal litigation or an internal HMRC reviewthe types of cases considered suitable for ADR (and those not suitable)the role of the mediator potential outcomes of the ADR processtimelines and practicalities involved in the ADR processthe pros and cons of ADRADR success ratestop tips.All information is correct at the time of recording. Taxing Matters is not a substitute for legal advice. Opinions expressed by the speakers are their own and do not necessarily represent the views or opinions of RPC. Hosted on Acast. See acast.com/privacy for more information.

The Companies Tribunal was established to provide an accessible, efficient, and cost-effective means of resolving disputes and making certain administrative decisions related to the Companies Act in South Africa. Its creation aims to support the corporate governance framework by offering a specialized forum for handling cases like company name disputes, directorship disagreements, and compliance matters. Additionally, the Tribunal facilitates Alternative Dispute Resolution (ADR) methods, including mediation and arbitration, to help companies and stakeholders resolve conflicts without the need for lengthy and expensive court processes. By reducing the administrative and financial burdens on the formal judicial system, the Companies Tribunal contributes to a more effective and business-friendly regulatory environment Nosipho is in conversation with Head: Communications & Marketing at The Companies Tribunal, Simukele  KhozaSee omnystudio.com/listener for privacy information.

Summary of Chapter 11: Class Actions, MDL, Technology in Litigation, ADR, and Pro Se Litigation. Chapter 11 covers several critical aspects of modern litigation, focusing on advanced procedural mechanisms and the impact of technology on the legal process. It also addresses alternative methods for resolving disputes and the challenges faced by individuals representing themselves in court. 1. Class Actions. Nature and Purpose: Class actions allow a group of individuals with similar legal grievances to file a single lawsuit. This approach enhances judicial efficiency, provides access to justice for individuals with small claims, and serves as a deterrent against wrongful conduct. Key Requirements: To qualify as a class action, a case must meet several criteria, including commonality, typicality, adequacy of representation, and numerosity. These requirements ensure that the case is suitable for collective resolution. Types: Class actions can be categorized based on the relief sought, including damages class actions, injunctive or declaratory relief class actions, and limited fund class actions. Advantages and Disadvantages: While class actions offer efficiency and cost-effectiveness, they can be procedurally complex and limit individual control over litigation decisions. The court plays a crucial role in overseeing class actions, including certification, notice to class members, and settlement approval. Ethical Considerations: Attorneys must navigate conflicts of interest, ensure adequate representation, and be transparent about fees and costs. Courts and opposing counsel must treat pro se litigants fairly and uphold the integrity of the legal process. 2. Multi-District Litigation (MDL). Purpose: MDL is designed to handle complex cases with multiple plaintiffs, defendants, or jurisdictions by consolidating them into a single court for pretrial proceedings. This approach streamlines the process, reduces duplicative efforts, and fosters settlement. Process: The Judicial Panel on Multidistrict Litigation (JPML) oversees the transfer and coordination of cases, centralized management by a single judge, and potential remand for trial if cases are not settled during the MDL process. Examples: MDL is commonly used in product liability cases, environmental disasters, and consumer fraud cases, where it facilitates efficient resolution and consistent rulings. Advantages and Challenges: MDL promotes efficiency and consistency but can be complex, lengthy, and raise fairness concerns, especially if cases are centralized far from the parties involved. 3. Impact of Technology on Litigation. Electronic Discovery (e-Discovery): The rise of e-discovery has transformed the litigation process, involving the collection, review, and production of electronically stored information (ESI). While e-discovery offers opportunities for managing large datasets, it also presents challenges such as data volume, cost, and privacy concerns. Digital Evidence: The use of digital evidence, including documents, multimedia, and metadata, is now standard in litigation. Courts are equipped with technology to present and authenticate digital evidence effectively, though it requires careful management to ensure admissibility and reliability. Virtual Hearings and Trials: The COVID-19 pandemic accelerated the adoption of virtual proceedings, offering benefits like accessibility and efficiency but also posing challenges related to technology barriers, witness credibility, and security. 4. Alternative Dispute Resolution (ADR). Types of ADR: ADR includes mediation, arbitration, and negotiation as alternatives to traditional litigation. Each method offers varying degrees of formality, control, and flexibility. Advantages and Disadvantages: ADR is cost-effective, quicker, and confidential but may offer limited discovery, no legal precedent, and potential imbalances between parties. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Summary of Chapter 11: Class Actions, MDL, Technology in Litigation, ADR, and Pro Se Litigation. Chapter 11 covers several critical aspects of modern litigation, focusing on advanced procedural mechanisms and the impact of technology on the legal process. It also addresses alternative methods for resolving disputes and the challenges faced by individuals representing themselves in court. 1. Class Actions. Nature and Purpose: Class actions allow a group of individuals with similar legal grievances to file a single lawsuit. This approach enhances judicial efficiency, provides access to justice for individuals with small claims, and serves as a deterrent against wrongful conduct. Key Requirements: To qualify as a class action, a case must meet several criteria, including commonality, typicality, adequacy of representation, and numerosity. These requirements ensure that the case is suitable for collective resolution. Types: Class actions can be categorized based on the relief sought, including damages class actions, injunctive or declaratory relief class actions, and limited fund class actions. Advantages and Disadvantages: While class actions offer efficiency and cost-effectiveness, they can be procedurally complex and limit individual control over litigation decisions. The court plays a crucial role in overseeing class actions, including certification, notice to class members, and settlement approval. Ethical Considerations: Attorneys must navigate conflicts of interest, ensure adequate representation, and be transparent about fees and costs. Courts and opposing counsel must treat pro se litigants fairly and uphold the integrity of the legal process. 2. Multi-District Litigation (MDL). Purpose: MDL is designed to handle complex cases with multiple plaintiffs, defendants, or jurisdictions by consolidating them into a single court for pretrial proceedings. This approach streamlines the process, reduces duplicative efforts, and fosters settlement. Process: The Judicial Panel on Multidistrict Litigation (JPML) oversees the transfer and coordination of cases, centralized management by a single judge, and potential remand for trial if cases are not settled during the MDL process. Examples: MDL is commonly used in product liability cases, environmental disasters, and consumer fraud cases, where it facilitates efficient resolution and consistent rulings. Advantages and Challenges: MDL promotes efficiency and consistency but can be complex, lengthy, and raise fairness concerns, especially if cases are centralized far from the parties involved. 3. Impact of Technology on Litigation. Electronic Discovery (e-Discovery): The rise of e-discovery has transformed the litigation process, involving the collection, review, and production of electronically stored information (ESI). While e-discovery offers opportunities for managing large datasets, it also presents challenges such as data volume, cost, and privacy concerns. Digital Evidence: The use of digital evidence, including documents, multimedia, and metadata, is now standard in litigation. Courts are equipped with technology to present and authenticate digital evidence effectively, though it requires careful management to ensure admissibility and reliability. Virtual Hearings and Trials: The COVID-19 pandemic accelerated the adoption of virtual proceedings, offering benefits like accessibility and efficiency but also posing challenges related to technology barriers, witness credibility, and security. 4. Alternative Dispute Resolution (ADR). Types of ADR: ADR includes mediation, arbitration, and negotiation as alternatives to traditional litigation. Each method offers varying degrees of formality, control, and flexibility. Advantages and Disadvantages: ADR is cost-effective, quicker, and confidential but may offer limited discovery, no legal precedent, and potential imbalances between parties. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Ever wondered what happens to confidentiality clauses after a contract ends? Tune in to our latest NASPO Pulse episode as Telice Gillom and Megan Smyth, NASPO's Director of Legal Education, break down the complexities of contract terms and conditions. We'll guide you through the significance of survivability and severability clauses, illustrating how they protect crucial elements like intellectual property and indemnification long after the ink has dried. Plus, you'll get a sneak peek into NASPO's Law Institute and why it's vital for anyone involved in procurement.But that's not all! We also dive into the evolving world of Alternative Dispute Resolution (ADR), exploring both the perks and pitfalls of mediation and arbitration. Learn why mediation often proves to be a confidential lifeline and how binding arbitration could trap you into unappealable decisions through hidden click-through agreements. As we dissect the risks associated with click-through agreements and data compliance, you'll gain practical insights into safeguarding public data in the digital age. Don't miss this essential episode that blends legal expertise with actionable procurement strategies.Season 5 Episode 6 TranscriptFollow & subscribe to stay up-to-date on NASPO!naspo.org | Pulse Blog | LinkedIn | Youtube | Facebook

Welcome back to another enlightening episode of Divorce at Altitude. Join hosts Ryan Kalamaya and Amy Goscha as they delve into the dynamic world of Alternative Dispute Resolution (ADR) in Colorado, focusing on how it is reshaping the landscape for families embroiled in divorce and custody disputes.Episode Highlights:- Overview of ADR: Discover the different forms of ADR available in Colorado, including mediation, arbitration, the roles of Special Masters, Parenting Coordinators, Decision Makers, and Private Judges.- Trends and Changes: Learn about the latest trends and judicial changes aimed at improving the ADR process for families, ensuring more efficient and harmonious resolutions.- Judicial and Professional Training: Discussion on the ongoing efforts to enhance the training for professionals and judges in handling family law cases, with a focus on understanding complex family dynamics.Key Discussions:- Mediation as a Mainstay: Understand why mediation is becoming a mandated step in most domestic relations cases and how it benefits those involved by reducing the adversarial nature of court proceedings.- Specialized Roles in ADR: Gain insights into how roles like arbitrators and special masters can expedite dispute resolution, particularly in complex cases.- Educational Initiatives for Judges: Hear about new initiatives aimed at providing judges with the necessary tools and knowledge to handle family law cases more effectively, especially concerning domestic violence and child welfare.

In this episode, we explore the transformative potential of Alternative Dispute Resolution (ADR), particularly mediation, in divorce proceedings. While litigation offers a formal trial, ADR methods provide couples with greater control over the process. However, success in mediation relies on proactive engagement and addressing underlying conflicts. A recent client's story highlights common pitfalls, emphasizing the importance of thorough preparation and communication. True empowerment in divorce comes from taking responsibility for actions and decisions. By embracing mediation with commitment, individuals can shape a smoother transition and a more fulfilling post-divorce future. Transform your divorce experience for long-term success. Learn how to manage conflict, elevate relationship dynamics, and enhance financial savvy. Visit www.youtreecoaching.com now."A Man's Journey Through Divorce" Patreon page gives listeners access to target support that matches where they are in the divorce process. Support Resources on Patreon Find my poetry book Spirit Poems on Amazon

Claire de Mézerville López welcomes Sethu Laxmi Nair to the Restorative Works! Podcast.  Sethu speaks with us about her work in conflict management and how she has seen global, political, and cultural events weigh heavily in instances of interpersonal conflict, acknowledging a collective exhaustion that has become a norm in the modern human experience. She discusses her work with Hidden Water and their unique approach to addressing childhood sexual harm and healing with those who are harmed, those who have caused harm, and the effected families of both parties. Through her varied work responsibilities, Sethu describes how isolation and shame play major roles in workplace and interpersonal disputes and offers us examples of how this plays out in our relationships. Sethu is a mediator, facilitator, coach, and trainer in the Alternative Dispute Resolution (ADR) and restorative practices fields. Through her work, Sethu improves interpersonal and social dynamics by enhancing leadership capacity and conflict competence among leaders and groups. Currently, she serves as the director of ADR and restorative practices at the Center for Creative Conflict Resolution within the New York City government. She is a volunteer at Hidden Water, where she facilitates restorative circles to heal the impact of child sexual abuse in the family system.  Through her private practice, Sethu consults with organizations offering a unique blend of leadership coaching, workshops, and restorative conflict management to leaders in non-profit organizations and companies.  She offers Responding Restoratively, a foundational restorative practices training with a focus on conflict resolution. Sethu has also worked with various human rights organizations in New York and India. Sethu is a graduate of SUNY Purchase and the School of International and Public Affairs at Columbia University. Tune in to learn more about Sethu's work and perspective on mediating workplace conflict, childhood sexual harm and healing, and how an isolation mindset is changing the way we connect and thrive as humans.

Significance and Rules of Class Actions. Purpose: Class actions allow individual plaintiffs with common claims to band together to sue a defendant. This is particularly useful when the cost of litigating individual claims would outweigh the individual damages, effectively providing a mechanism to pursue justice that might otherwise be economically unfeasible. Certification: For a lawsuit to proceed as a class action, the court must certify the class. Key criteria for certification include: Commonality: There must be questions of law or fact common to the class. Adequacy: The representative parties must fairly and adequately protect the interests of the class. Numerosity: The class is so numerous that joinder of all members is impracticable. Typicality: The claims or defenses of the representative parties are typical of the claims or defenses of the class. Notice: Once a class is certified, members must be notified. This allows individuals the opportunity to opt out of the class action and pursue individual litigation if they so choose. Settlements: Class action settlements require court approval. This ensures that the settlement is fair, reasonable, and adequate for all class members. Multi-District Litigation (MDL). MDL refers to a special legal procedure designed to speed the process of handling complex cases, such as air disaster litigation or complex product liability suits. It involves transferring all pending civil cases of a similar type filed in different federal districts to a single district to streamline pretrial proceedings. Understanding MDL. Consolidation for Pretrial Proceedings: The Judicial Panel on Multidistrict Litigation, a group of federal judges, decides whether cases should be consolidated under MDL and which district court will oversee the proceedings. The aim is to avoid duplicate discovery, prevent inconsistent pretrial rulings, and conserve resources. Remand: After pretrial proceedings and discovery are complete, cases are typically remanded back to their original districts for trial. However, some cases may settle during the MDL process. Arbitration and Mediation. Arbitration and mediation are two principal forms of Alternative Dispute Resolution (ADR), offering parties the chance to resolve disputes outside the traditional court system. Arbitration. Arbitration is a process where disputing parties agree to submit their conflict to one or more neutral third parties, known as arbitrators, making a binding decision. It is less formal than a trial and often faster. Binding Nature: Arbitration results in a binding decision, with limited opportunities for appeal. Selection of Arbitrators: Parties typically have a say in selecting the arbitrators, which allows for experts in the specific subject matter to preside over the dispute. Procedure: The arbitration process is governed by rules agreed upon by the parties or provided by an arbitration institution. These can be more flexible than court procedures. Mediation. Mediation involves a neutral third party, the mediator, who helps disputing parties find a mutually acceptable solution. Unlike arbitration, mediation does not result in a binding decision imposed by the mediator. Facilitative Role: The mediator facilitates dialogue, identifies issues, and helps explore solutions but does not make decisions for the parties. Confidentiality: Mediation sessions are private and confidential, encouraging open dialogue and negotiation. Voluntary and Non-binding: Parties retain control over the process and the outcome. They can withdraw at any time, and any settlement reached is by mutual consent. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

The way to a final divorce decree can follow several paths. The traditional, or socially branded, path is the path of litigation. Many have found litigation not the right fit and even have regrets with the outcome it produced. Alternative divorce methods, like mediation, pro-se (or kitchen table), and arbitration, are becoming more prevalent. In this episode, Steve compares the traditional and alternative paths, and shares both benefits and weaknesses of Alternative Dispute Resolution (ADR) methods. Find my poetry book Spirit Poems on Amazon.Visit to learn more about Prosperity Coaching."A Man's Journey Through Divorce" Patreon page gives listeners access to target support that matches where they are in the divorce process. https://www.patreon.com/bePatron?u=72246018&redirect_uri=https%3A%2F%2Fyoutreecoaching.com%2Fsupport-tools%2F&utm_medium=widget

Annual U.S. litigation cost estimates vary wildly.  Some say $250 billion, others say $430 billion. When you consider indirect costs, such as lost productivity or economic damages, some put the costs as high as  $1.5 trillion. According to Statista, more than $5 billion is spent on employment litigation alone, and another $4.5 billion on commercial litigation. Litigation surrounding intellectual property, product liability, and real estate disputes, cost more than $3 billion each.  Time is also a factor. As any litigator knows, resolution of a lawsuit can take three to five years on average. Some cases drag on for more than a decade.Alternative Dispute Resolution (ADR) is increasingly attractive. Its benefits were  on full display during Covid lockdowns. It's more convenient for almost everyone involved, especially in cross-country or cross-border disputes.  An important and dangerous side effect of litigation expense is access to justice. Everyone will have disputes and conflicts in their lives, but not everyone can afford to go to court. More ADR is moving from mediation to arbitration partly because of the perceived finality of going to a panel. The American Arbitration Association says there were 25,000 ADR cases filed in 2020. Meanwhile, there are more than 400,000 federal suits and as many as 60 million state suits filed each year.Listen to my interview with Rich Lee, CEO and Co-Founder, New Era/ADR as we discuss hot topics and issues involving what is referred to here as "Advanced Dispute Resolution." Before New Era/ADR, Rich was general counsel of a financial technology company that he helped to build, grow, and sell. Rich  serves as an advisor, board member, and investor in technology startups and venture funds and in a leadership role in the Economic Club of Chicago.  He serves on the national Leader's Council of the Legal Services Corporation (a U.S. Senate-funded 501c3) and on the board of Illinois Legal Aid Online. He has a J.D. from Loyola University Chicago School of Law and a B.S. in Bioengineering from the University of Illinois at Urbana-Champaign.I hope you enjoy the episode. If so, give us a rating!***********This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.Tom HagyLitigation Enthusiast andHost of the Emerging Litigation PodcastHome PageLinkedIn

Step 1: Stop running away from conflict! Whether it's a disagreement with a colleague, a spat with a friend, or a clash with a loved one, conflicts are an inevitable part of life. And knowing how to resolve conflict is a skill that's vital not just in the workplace but also in our personal relationships. Giving us practical strategies and tips to help you navigate and transform conflicts into opportunities for growth and stronger connections is Mia Corpus, the executive director of The Conflict Resolution or Core Group Foundation. With two decades of experience in Alternative Dispute Resolution (ADR), she is a certified mediator and executive coach with a deep passion for bridging differences and fostering harmonious human interactions—whether she is addressing personal challenges or managing large-scale regional disputes.

Step 1: Stop running away from conflict! Whether it's a disagreement with a colleague, a spat with a friend, or a clash with a loved one, conflicts are an inevitable part of life. And knowing how to resolve conflict is a skill that's vital not just in the workplace but also in our personal relationships. Giving us practical strategies and tips to help you navigate and transform conflicts into opportunities for growth and stronger connections is Mia Corpus, the executive director of The Conflict Resolution or Core Group Foundation. With two decades of experience in Alternative Dispute Resolution (ADR), she is a certified mediator and executive coach with a deep passion for bridging differences and fostering harmonious human interactions—whether she is addressing personal challenges or managing large-scale regional disputes.

Join us in this enlightening podcast episode as Kapil Balhara from Global Demos takes us on a journey to explore the evolution of consent-based dispute resolution mechanisms, such as Alternative Dispute Resolution (ADR) and Plea Bargaining. We begin by understanding the challenges in the current legal system, including delays, high costs, and adversarial processes, leading to erosion of faith in the legal system. The need for change is evident, and we delve into how consent-based dispute resolution can address these challenges. We introduce Alternative Dispute Resolution (ADR) as a compelling alternative to traditional court procedures. ADR encompasses methods like Arbitration, Mediation, Conciliation, and Lok Adalat, and its essence lies in flexibility, problem-solving approach, and customizable settlements based on mutual interests. Taking a historical perspective, we trace the roots of consent-based dispute resolution in India, examining ancient practices of settlement outside the formal justice system, involving respected community members and private tribunals. We draw parallels between ancient methods and modern mediation, emphasizing direct participation of parties and the role of mediators as peacemakers. The impact of British rule on dispute resolution in India is explored, as British-style courts replaced traditional dispute resolution institutions, leading to the decline of indigenous practices. However, the evolution of arbitration laws in India, from the Indian Arbitration Act of 1899 to the Arbitration and Conciliation Act of 1996, showcases a renewed focus on alternative means of resolving disputes. Moving on to post-independence, we analyze legislative provisions that promote ADR, including the establishment of the National Legal Services Authority in 1987 and the Arbitration and Conciliation Act of 1996. We discuss how courts actively refer cases to ADR methods, and various statutes, such as the Family Courts Act 1984, the Hindu Marriage Act 1955, and the Gram Nyayalayas Act 2008, provide for ADR in India. The podcast then delves into the significance of ADR in the Indian legal system, its recognition by the Supreme Court, and its role in procedural and family law. We explore the suitability of cases for ADR and the non-exhaustive and flexible list of cases for ADR referrals. The mandatory vs. optional ADR debate is discussed, along with the essential requirement for arbitration participation. In a digital age, the podcast highlights the rise of Online Alternative Dispute Resolution (OADR) as a powerful solution to address the challenges of e-commerce and geographical barriers. We discuss the role of the Information Technology Act 2000 and the impact of OADR on the Indian judiciary. The second part of the podcast is dedicated to exploring Plea Bargaining in India. We trace its origin and guiding principle, which emphasizes mutual satisfaction in a crowded justice system through cooperation between the defendant and prosecutor. Plea Bargaining's introduction in India as an alternative to obtain confessions under judicial supervision and its role in streamlining criminal justice are discussed. We then delve into the Code of Criminal Procedure 1973 and its Chapter XXI A, which governs Plea Bargaining in India. Eligibility criteria, exclusions, and the plea bargaining process are explained in detail, along with the court's discretion and voluntary consent. We explore the advantages and criticisms of Plea Bargaining, acknowledging its time-saving benefits but also discussing potential violations of justice principles and concerns regarding coercion. In conclusion, Kapil Balhara sheds light on India's approach to dispute resolution, emphasizing the blend of modernity and ancient traditions through ADR. The podcast highlights how consent-based dispute resolution methods like ADR and Plea Bargaining play a crucial role in achieving social justice and resolving disputes in the modern era. #pleabargaining

Welcome to our podcast, where we explore the world of Alternative Dispute Resolution (ADR) and the compelling rationale behind its rising popularity in India. In this episode, we delve into the significance of quick dispute settlement, reducing frustration and distrust, upholding fairness and certainty, maintaining positive relationships, and wise use of resources. We begin by examining the challenges of resolving legal disputes in India through conventional court processes. The time-consuming nature of court cases, expensive litigation, emotional drain for parties, complex appeal procedures, delay tactics, and inadequate court capacity have led to the increasing appeal of ADR methods. Next, we take a historical journey to understand how ADR has been an embodiment of time-tested wisdom. Ancient India's community-based dispute resolution systems, such as Panchayats, relied on respected community guidance and specialized arbitration groups. We also explore the changes to the Panchayat system under British rule, where courts encouraged arbitration and established regulations for smaller value disputes. Milestones in formal arbitration, including the enactment of the first substantial arbitration law and facilitating recognition of foreign awards, are also discussed. Moving forward, we explore the general rationale for ADR. Its cost-effectiveness saves expenses from avoiding expensive legal battles, easing the burden on public finances. ADR fosters a less traumatic experience and promotes collaboration and understanding, creating an amicable atmosphere for resolution. The confidentiality in ADR makes it ideal for sensitive disputes and ultimately contributes to harmonious resolutions for the benefit of society. We then delve into the rationale behind different styles of mediation and therapeutic jurisprudence. Evaluative mediation, facilitative mediation, and therapeutic and transformative mediation offer tailored approaches to address the uniqueness of each dispute, considering cultural and economic factors. ADR as a therapeutic and preventive approach eases the burden on the litigation system and identifies psychological concerns for better resolution. We also analyze arbitration's considerations and limitations, weighing its merits and broadening the scope for innovative solutions. This podcast underscores the power of ADR in achieving effective dispute resolution and promoting its adoption in India by embracing both tradition and modernity. In conclusion, we highlight how ADR can unlock its potential in India by integrating tradition and modernity, thereby paving the way for a harmonious society. By promoting the ADR movement and speeding up conflict resolution, we aim to create a healthier and productive environment with top-notch dispute resolution accessible to all. Keywords: ADR, Arbitration, Arbitrator, Conciliation, Conciliator, Mediation, Mediator, judicial settlement, Lok Adalat, Family Court, Criminal trial, Plea bargaining, Gram Nayalaya, dispute resolution, India, legal disputes, traditional methods, modern approaches #lokadalat #mediation #conciliation #kapilbalhara #globaldemos #upsc #competitionexam #ssc #railway #law #llb

Welcome to "Alternative Dispute Resolution Mechanisms in India: Arbitration and Conciliation," a comprehensive podcast by Kapil Balhara from Global Demos. In this enlightening series, we delve into the world of dispute resolution, comparing traditional court systems with Alternative Dispute Resolution (ADR) methods. Our focus centers on two prominent ADR mechanisms in India - Arbitration and Conciliation. In the introductory episodes, we explore the fundamental differences between courts and ADR methods, shedding light on various ADR techniques like Mediation and more. We examine the nature of ADR, distinguishing between binding and non-binding processes and understanding the voluntary and mandatory aspects. Tracing the historical roots of ADR in India, we take you on a journey through the evolution of arbitration law, from the Arbitration Act of 1940 to the significant enactment of the Arbitration and Conciliation Act of 1996. The podcast then delves into the core objectives and purposes behind the Arbitration and Conciliation Act of 1996, aiming to harmonize with the UNCITRAL Model Law on International Commercial Arbitration. We emphasize the importance of finality in arbitration awards and explore the structure of the Act, divided into four distinct parts, all of which are comprehensively explained. Continuing with an in-depth analysis, we dissect the salient provisions of the Arbitration and Conciliation Act. We explore the application of the Act in India and Jammu and Kashmir (J&K), taking into account constitutional provisions. Different parts of the Act apply to international commercial arbitration, both within and outside India, and we discuss their implications. The podcast further highlights critical sections of the Act, starting with Section 2, which outlines key definitions and distinguishes between domestic and foreign awards. We take a closer look at the communication process during arbitral proceedings, the consequences of waiving the right to object, and the limitations on judicial intervention. In the section dedicated to arbitration agreements, we define and explore the scope of "Arbitration Agreement," understanding its inclusion in contracts and as separate written agreements. We also discuss the process of referring disputes to arbitration and the exceptions allowing court intervention. Moving on, we discuss the composition of the arbitral tribunal, the number of arbitrators in dispute resolution, their appointment, and the grounds for challenging their appointment. We explore the procedure for challenging an arbitrator's appointment and the situations leading to an arbitrator's termination, as well as the process of appointing a substitute arbitrator and the validity of previous decisions after replacement. A critical aspect of arbitration is jurisdiction, and we delve into Chapter III, Section 16, which covers the principle of "Kompetenz-Kompetenz" and the autonomy of arbitration clauses. We explain the procedure for promptly raising concerns and challenges to jurisdiction and the consequences of a rejected jurisdiction plea. Conducting arbitral proceedings is crucial, and we explore Chapter IV, which provides rules and procedures for arbitral proceedings. This section emphasizes equal treatment, flexibility in procedure selection, agreement on arbitration location, initiation of proceedings, choice of arbitration language, and presentation of claims and defenses. The podcast also covers the making of the arbitral award, its termination, and the duty to encourage settlement. We elaborate on the process for challenging the decision and the finality of the settlement reached through the tribunal. The episodes then turn to the recourse against arbitral awards, exploring Section 34 and the grounds for setting aside an arbitral award. We discuss the limited scope of appeals, the right to appeal to the Supreme Court, fee fixation, and payment consequences. #arbitration #conciliation

Join Kapil Balhara from Global Demos as he delves into the world of Alternative Dispute Resolution (ADR) in Indian law. In this thought-provoking podcast, Kapil explores the advantages and criticisms of ADR, shedding light on its suitability in serious disputes and the privacy and public attention concerns it raises. Kapil also discusses the role of judicial intervention in arbitration, examining the Arbitration and Conciliation Act of 1996 and its goals in improving efficiency, reducing court involvement, and gaining confidence in international business. He delves into specific situations for court intervention, the challenges, and deviations faced in achieving the Act's primary objective of limiting court interference. The podcast further critiques settlement mechanisms, assessing the suitability of disputes for ADR, potential drawbacks, confidentiality challenges, limited judicial review, and the absence of legal precedents. Kapil also addresses the unfamiliarity and lack of awareness surrounding ADR, highlighting its unique merits and the need for judicial reform. In the summary, Kapil emphasizes the importance and benefits of ADR in achieving harmonious and efficient conflict resolution, offering a compelling alternative to the time-consuming court process. He concludes by underscoring ADR's positive impact on conflict resolution and its increasingly recognized benefits. Tune in to this podcast for a comprehensive exploration of ADR's role in the Indian legal landscape, examining its strengths, weaknesses, and potential for reshaping the justice system. Keywords: ADR, Arbitration, Arbitrator, Conciliation, Conciliator, Mediation, Mediator, judicial settlement, Lok Adalat, Family Court, Criminal trial, Plea bargaining, Gram Nayalaya

Welcome to the enlightening podcast by Kapil Balhara from Global Demos as he explores the world of Alternative Dispute Resolution (ADR) in Indian law, with a special focus on Lok Adalats and other crucial mechanisms. Join us as we journey through the history, objectives, and challenges of these systems, aiming to provide accessible and efficient justice for all. In the introduction, Kapil introduces Lok Adalat, often referred to as the "People's Court," and sheds light on its significant role in resolving disputes through active participation of the disputing parties, seeking fair compromises, and promoting a non-hostile environment. The Legal Services Authorities Act of 1987 recognizes Lok Adalats as an efficient and financially viable approach to dispute resolution, and the Act also established permanent Lok Adalats, serving two essential functions - pre-litigation conciliation and settlement, and adjudication on unresolved disputes. Kapil delves into the genesis of Lok Adalat, highlighting its significance in ensuring access to justice for all, especially the weaker sections of society. He examines the challenges faced by the traditional justice system and the introduction of dynamic legal aid schemes to address them. Furthermore, he explores the Gram Nyayalayas Act of 2008, which aims to establish village courts for speedy and accessible justice in rural areas. The podcast also elaborates on the establishment, power, and procedures of Lok Adalats, emphasizing their jurisdiction, composition, and function in finding compromises and settlements. It also explains the role of permanent Lok Adalats in handling disputes related to public utility services and the advantages of pre-litigation conciliation and settlement. Kapil delves deeper into the Gram Nyayalayas Act of 2008, highlighting its objectives in ensuring easy access to justice for citizens and removing barriers to justice. He examines the jurisdiction and functioning of Gram Nyayalayas, emphasizing the speedy resolution of cases and the promotion of amicable resolutions. In the summary, Kapil emphasizes the significance of legal aid services in India and discusses the challenges faced by Lok Adalats and Gram Nyayalayas in providing quick and accessible justice. Join us for this insightful podcast that unveils the world of ADR in Indian law, exploring the mechanisms that are shaping the future of dispute resolution in the country. Keywords: Legal Aid, Lok Adalat, National Lok Adalat, Gram Panchayat, Gram Nyayalayas.

Some agencies are struggling with how federal employees perceive their Alternative Dispute Resolution (ADR) programs. Although ADRs should be an effective option for mitigating workplace disputes before they rise to the level of litigation, the Equal Employment Opportunity Commission said negative perceptions from employees about ADR programs can worsen participation rates. Learn more about your ad choices. Visit megaphone.fm/adchoices

Some agencies are struggling with how federal employees perceive their Alternative Dispute Resolution (ADR) programs.Although ADRs should be an effective option for mitigating workplace disputes before they rise to the level of litigation, the Equal Employment Opportunity Commission said negative perceptions from employees about ADR programs can worsen participation rates. Learn more about your ad choices. Visit podcastchoices.com/adchoicesSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

22.11.22

(Airdate 9/7/22) Named a “Top California Employment Lawyer” by the Daily Journal and one of Los Angeles' “Most Influential Minority and Women Attorneys” by the Los Angeles Business Journal, Angela Reddock-Wright is a recognized employment and labor law attorney, workplace and Title IX investigator, mediator, arbitrator, and Alternative Dispute Resolution (ADR) professional.

Alex Green IV interviews Lisa W. Timmons of the Mediation Tribunal Association, Inc., a nonprofit that is the exclusive provider of an Alternative Dispute Resolution (ADR) process known as case evaluation for the Wayne County Circuit Court in Detroit, Michigan. Case evaluation is an ADR process that, for many years, was unique to Michigan and Michigan still may be one of the few states that offers this ADR process. The discussion covers the conceptualization and evolution of mediation and its relation to case evaluation in Michigan as well as a recent change to the Michigan Court Rules on the use of case evaluation in civil cases.

Would you like the chance to win a Law In The Bush branded prize? Enter our competition giveaway. Tell us your favourite episode and why. Email bushlawyerpodcast@une.edu.au. All entries win a prize while stock lasts! We'll send your prize via snail mail to anywhere in the world. Lisa Ward is joined by her colleague Mr Paul Akon to discuss crime, the success of Indigenous Circle Sentencing and Alternative Dispute Resolution (ADR). In this episode, Paul shares with us his expansive knowledge of customary law, criminal law and ADR. As well, Paul speaks about the Aboriginal community justice system and the difference between Indigenous circle sentencing and the sentencing procedures conducted through the traditional court system. Paul currently teaches LAW157 - Alternative Dispute Resolution (ADR). He says, 'the unit is not only helpful in a law degree but in life as well'. Paul also says that ADR has become so increasingly popular that the Law Council of Australia wants to make ADR a compulsory subject in all law degrees. So, for those interested, law students at UNE can elect to do LAW157 - Alternative Dispute Resolution (ADR) from first year! Join our Law in the Bush host Lisa Ward and this week's guest speaker Mr Paul Akon to learn more about crime, the success of Indigenous Circle Sentencing and Alternative Dispute Resolution! Like our podcast? We'd love to hear from you. Check out our survey: https://unesurveys.au1.qualtrics.com/jfe/form/SV_24sXnmLvXUMJ8kS Join our podcast community, and follow us at: · Law in the Bush Facebook page · Law in the Bush Webpage For more information on our research centres visit: · Australian Centre for Agriculture and Law · First Peoples Rights and Law centre · International Journal of Regional, Rural and Remote Law and Policy For more information about the UNE Law School visit: · Website · Facebook Page · LinkedIn ·

Join Brother Paolo Nicosia as he masterfully tells stories of healing and reconciliation woven together with offering practical principles and skills to strengthen our own abilities to be peacebuilders and reconcilers today.   From Brother Paolo's interview: A summary of Principles and Skills of Mediation and Peace Building: --A pluralistic vision of the community, seeking unity among diversity. --An inclusive and compassionate attitude, because the tendency often, especially nowadays is being exclusive, I'm part of this group against another group; either you are in or you're out. --A pacific and non-violent approach. … This is the way to transform conflicts.  --At the broader level, a commitment for social justice, being charitable to others, but also on a level that can be justice for all, not just for some that want a privileged life. --Also healing wounds and memories, because every time we have some misunderstanding or some real conflicts, there are wounds; the bad memories can be healed, talking, sharing and understanding each other, like in the restorative justice process, very famous in South Africa. --From a spiritual point of view, … God is God, we are not. This gives a sort of relaxation, like the way of saying in Italian that I try to translate, God exists, you are not God, so relax. --Finally, in the Atonement charism of reconciliation with God, other human beings and the self is expressed especially in two ways, two ministries. One is social and the other is ecumenical. So, ecumenically, through a dialogue seeking unity among diversity; the other, social ministry, especially for addictions.   “Being always oriented to problem solving, and if it is not possible to solve problems, accepting reality, like Francis with the Sultan. … Not to be fearful of leaving with extreme differences.  Again, Francis was doing this all the time with all kinds of different people, and we can do nowadays, basing our relationship on trust, healing the past, if the case happened that this trust was threatened or misunderstood in some ways. We use non-violent communication, listening a lot and talking in a very clear and understandable way to others. These are very simple, but very useful way of living the Franciscan spirituality in our daily lives.”   “This approach can be applied for every kind of conflict, either grassroots or international conflicts. The wisdom of Franciscan agents of reconciliation, it could be Christian, or it could be everybody, is that everybody can be one; in every life is a facilitator for the transformation and integration of inner and outer conflicts to reconcile with the self, the others and God. … If we follow Jesus Christ or a peace approach, first of all, be inclusive. … The vision of accomplishment of peace can be a source of hope, and a realization of this being meant to be one. That is a bit of our name: At-one-ment, but it's also the gospel of John.”   For a full transcript, please include episode number and email: fslfpodcast@fslf.org.   References:   Franciscan Friars of the Atonement, Assisi, Graymoor: https://www.atonementfriars.org/our-mission-history/  … We believe in…transforming conflict by being instruments of justice and peace, honoring and embracing the dignity of all people, living “minimum for self, maximum for God,” being stewards of God's Creation and, ministering to those in need of physical and spiritual healing. We partner with those who share our values. We exist as a Catholic religious community to invite the world to join us in the quest for healing and reconciliation. We do this by living, embracing and fostering the Franciscan spirit of At-One-Ment which includes: the unity of all; and the healing of the broken and those who have lost their way. We joy in God. Two of the friars' key ministries: St. Christopher's Inn: See https://www.atonementfriars.org/healing-ministries/#stchristophersinn and Ecumenical Ministries and Interfaith Dialogue: https://www.atonementfriars.org/ecumenical-interfaith-dialogue/   Stories Francis and the Sultan al-Kamil, 1219 Crusades:  A contemporary telling of the story: https://cac.org/francis-and-the-sultan-2019-10-10/ . An original source: The Life of Saint Francis XX:57, by Thomas of Celano at: https://www.franciscantradition.org/francis-of-assisi-early-documents/the-saint/the-life-of-saint-francis-by-thomas-of-celano/672-fa-ed-1-page-231#ges:searchword%3Dsultan%26searchphrase%3Dall%26page%3D1  Francis and the Wolf of Gubbio: A contemporary reflection on this story: https://www.franciscanmedia.org/franciscan-spirit-blog/st-francis-and-the-taming-of-the-wolf . An original source: The Life of Saint Francis XX:57, by Thomas of Celano at: https://www.franciscantradition.org/francis-of-assisi-early-documents/the-saint/the-life-of-saint-francis-by-thomas-of-celano/672-fa-ed-1-page-231#ges:searchword%3Dsultan%26searchphrase%3Dall%26page%3D1 What are ‘The Troubles', referenced in the Irish Cultural Center story? https://en.wikipedia.org/wiki/The_Troubles   What is Alternative Dispute Resolution (ADR), Negotiation and Mediation? https://www.law.cornell.edu/wex/alternative_dispute_resolution . See also the Harvard Negotiation Project: https://www.pon.harvard.edu/about/our-mission/   Tools/Resources in English by Brother Paolo: Faith-based Peacebuilding: Insights from the Three Main Monotheisms – you can download it here: https://www.athensjournals.gr/social/2017-4-1-1-Nicosia.pdf and Ecumenical Tools for Christian Based Reconciliation – if you would like a copy of this article, please email your request to fslfpodcast@fslf.org including the episode number and the name of this article.    Artisans of Peace, Pope Francis: see https://www.americamagazine.org/issue/pope-become-artisans-peace-your-daily-lives  

Conflict Resolution Strategies Conflict. Misunderstanding. Slaps. War. Street crime. Videotaped outbursts. Isn't there a bette way to resolve differences? Franklin County Court of Pleas Judge Stephen McIntosh and Alternative Dispute Resolution (ADR) expert Marya Kolman join us to discuss “Conflict Resolution.”

Dan Berstein, a mediator with a Master's of Science in Public Health from Johns Hopkins University, discusses and analyzes the intersection between mental health and conflict or dispute resolution. He founded MH Mediate; a resource for conflict resolution practitioners to develop best practices and processes in developing organizational Alternative Dispute Resolution (ADR) programs that are accessible for and responsive to parties with diverse identities. As a person who lives with a mental health disability, Dan has personal knowledge of the unique issues that face many living with mental health challenges. He describes his experience working as a mediator, as a participant and a party to mediation, and techniques to empower conflict resolution professionals to lead with sensitivity and understanding, in part, through the avoidance of misguided assumptions. --------------------------------------- Renew your membership or join the Section at ambar.org/JoinDR!

There's more than one way to get divorced. Alternative Dispute Resolution (ADR) can include mediation, collaborative, and arbitration. Do you know the difference? Listen to our latest Thacker Sleight podcast to learn more.

Hon. Gail Tusan, JAMS and The Pave Foundation (North Fulton Business Radio, Episode 388) Formerly a Senior Superior Court Judge in Fulton County, Judge Gail Tusan is quite active both professionally, with her mediation/arbitrator practice, and in the community. She joined host John Ray to break down the Alternative Dispute Resolution (ADR) process, how it […] The post Hon. Gail Tusan, JAMS and The Pave Foundation appeared first on Business RadioX ®.

Hon. Gail Tusan, JAMS and The Pave Foundation (North Fulton Business Radio, Episode 388) Formerly a Senior Superior Court Judge in Fulton County, Judge Gail Tusan is quite active both professionally, with her mediation/arbitrator practice, and in the community. She joined host John Ray to break down the Alternative Dispute Resolution (ADR) process, how it […]

Much has been said and written about society's slow "return to normalcy," post-COVID. That may be true for some people and their businesses, but one element of transacting business anywhere that has been changed - and not for the better (depending who you talk to you) - is in the way we handle and resolve civil litigation disputes. With courtrooms schedules around the country backlogged by the COVID-19 pandemic, McCarthy Lebit's renowned litigator and ADR neutral, David Schaefer joins this week's podcast episode to helps us better understand the nuances of ADR, why individuals and businesses involved in civil litigation should consider taking their cases arbitration or mediation. David shares his thoughts on how he prefers to handle proceedings, and why it's becoming and more cost-effective and expedient alternative to traditional Courtroom litigation. Copyright 2021, McCarthy Lebit Crystal & Liffman Co. LPA. All Rights Reserved COMING UP ON THE MORE REPORT, PODCAST EDITION: McCarthy Lebit's Employment Group will stop by in an upcoming podcast episode to explain how employers can spot a potential employment discrimination claim. And we'll talk to a cybersecurity expert about the growing need for more (or better) cyber security practices and how data privacy and security requirements have changed the landscape of corporate America. Stay tuned and check out new podcast episodes every Wednesday.

Alternative Dispute Resolution (ADR) is becoming  an increasingly popular choice for couples to amicably resolve issues outside of court. However our recent survey highlighted that 39% of divorcees were not aware of the alternative options. Our family law expert Ros Bever, is joined by Joshua Rozenburg, Britain's most experience legal commentator, Lord Wilson, a former Justice of the UK Supreme Court, Janet Bazley, QC at 1GC, Gillian Bishop, consultant at Flip and Nicholas Allen, QC at 29 Bedford Row. Together, they discuss the different options available to help resolve family disputes amicably outside of court and what the industry needs to do to raise awareness of these options.

The Port of Call for Settling Disputes: Adrian Tan, former general counsel at CrimsonLogic and a member of the Board of Directors of Maxwell Chambers in Singapore, the world’s first integrated Alternative Dispute Resolution (ADR) complex, speaks with host Richard Levick of LEVICK about dispute resolution, the challenges of Covid, the bias of AI, hybrid models and the importance of human connection in resolving disputes.

Welcome to Eversheds Sutherland's newly launched litigation training podcast - LitCast has been designed to assist legal teams or businesses with limited litigation resource or experience navigate the litigation process. The first series of podcasts will focus on key considerations at the beginning of a dispute, in what is known as the ‘pre-action' stage. 

This week we bring you an interview with Dr Susan Ellison from Wellesley College. In this interview, Familiar Stranger Alex asks about her experiences working in the city of El Alto and the neighbouring town of La Paz. Alex and Susan discuss Alternative Dispute Resolution (ADR) and how it exists as a second space for conflict resolution for Bolivians and their families. They also discuss how foreign aid adds a layer of complexities to the frameworks already present in Bolivia and potential recommendations for moving forward. Head to our website for a full list of links and citations mentioned! Music by Pete Dabro: dabro1.bandcamp.com Shownotes by Matthew Phung Podcast edited by Alex D'Aloia and Matthew Phung

* Use coupon code PODCAST25 for 25% off this webcast * Webcast URL: https://www.theknowledgegroup.org/webcasts/dispute-resolution-tools-amid-covid-19-pandemic/ COVID-19 may delay judicial proceedings all over the world, but it cannot stall the emergence of new disputes. The proliferation of conflicts across industries can even increase given the economic disruptions resulting from the enforced lockdowns. With this current backdrop, litigation may not be the best way for parties to deal with conflict. Fortunately, Alternative Dispute Resolution (ADR) mechanisms can offer tailor-made solutions to help solve disputes during the crisis. ADRs can be extremely useful tools when used properly. In a LIVE Webcast, alternative dispute resolution experts Alexander Selarnick (Cooley LLP) and Jeffrey S. Wertman (Berger Singerman LLP) will offer an in-depth discussion of the dispute resolution tools that are expected to arise from the COVID-19 pandemic. Speakers will also provide key considerations that legal professionals should take to better resolve disputes in today's trying time. For any more information please click on the webcast URL at the top of this description.

Katerina Kresal is President and Founder of the European Centre for Dispute Resolution, a regional institutional provider of alternative dispute resolution procedures and consulting institution for the Rule of Law projects, based in Ljubljana. She speaks on #HerStories about her engagement in various international projects as international consultant and about her specific expertise as Alternative Dispute Resolution (ADR) expert, in designing mediation systems and various ADR schemes. Apart from her extensive legal career, she talks about her time as Minister of the Interior, member of the National Assembly (MP), and President of the Slovenian parliamentary party Liberal Democracy.

Alternative Dispute Resolution (ADR) is a way of resolving disputes without going to court. The three most commonly-used methods of ADR are negotiation, mediation and arbitration. Reasons for choosing ADR instead of a court proceeding would be lesser costs, more private proceedings, or the need for a speedier resolution. Over the next 30 minutes, Níamh will discuss the differences between claim and dispute, the difference between the various methods, the limitations of using ADR and much more.

Welcome to our Taxing Matters podcast brought to you by RPC. In this series we review land-mark cases and key tax principles and discuss the commercial impact they could have on your business.In this episode, we talk Alternative Dispute Resolution (ADR) with the man who (quite literally) wrote the book on how to use ADR to resolve tax disputes, Adam Craggs. From how ADR works in the context of tax disputes and what kinds of cases are suitable, to the Tribunal's recent Practice Statement and the impact of Covid-19 on the prevalence of ADR; we answer all of your questions. Please see our website www.rpc.co.uk/TaxingMatters for a transcript of this episode. All information is correct at the time of recording. Taxing Matters is not a substitute for legal advice.If you would like to discuss any of the matters raised in this episode please contact taxingmatters@rpc.co.uk.Show references:HMRC's Litigation and Settlement StrategyHMRC's Guidance Use Alternative Dispute Resolution to settle a tax disputeTax Chamber Practice Statement on ADR PLC Practice Note: Alternative dispute resolution (ADR) in tax disputes (Paywall)As ever, a huge thank you to our miracle working producer, Mary Mitchell, and Josh McDonald, the man who actually does all the work.The music you hear was kindly written and arranged for Taxing Matters by the musical genius Andrew Waterson.All material is copyright to RPC LLP See acast.com/privacy for privacy and opt-out information.

Lynda B. Munro, Connecticut Superior Court Judge (Ret.) is a member of Pullman and Comley's Alternative Dispute Resolution (ADR) and Family Law practices.  Her ADR practice focuses on the resolution...

Lynda B. Munro, Connecticut Superior Court Judge (Ret.) is a member of Pullman and Comley’s Alternative Dispute Resolution (ADR) and Family Law practices.  Her ADR practice focuses on the resolution of family and civil disputes.  She serves as a mediator, arbitrator, discovery master and private judge in civil matters and financial, custody and parenting disputes involving families and children, pre-nuptial agreements and post-nuptial agreements. Former Judge Munro retired in 2014 after 20 years of distinguished service on the Connecticut bench. Most recently, Judge Munro served as a Presiding Judge for the Family Division of the New Haven Superior Court.  She served as Chief Administrative Judge for Family Matters from 2008-2013 and Presiding Judge of the Regional Family Docket for seven years.  She has assisted parties and counsel in resolving hundreds of couples and high-conflict family disputes. Guest Contact Info https://www.pullcom.com/people-LyndaBMunro Show Notes Welcome. I am here today with a guest who I’m going to be quite honest about. Makes me a little nervous. So let me explain why today’s guest is a retired judge. And she is someone who had me shaking in my boots when I was a young lawyer, a really long time ago. And before I walked into a courtroom, I had to mentally prepare myself because I knew she was going to make sure I showed up on my a game. But in the other hand, her honesty and authenticity and tough love is what makes her so good at what she does. So let me introduce you to judge Linda Monroe judgment row had been a judge in Connecticut for 20 years, mostly in family court and complex litigation. She’s also an adjunct professor at Quinnipiac law school. And now she’s retired and works at Coleman and Coley as a private mediator on all things, family law. So essentially two people come to her say, we can’t figure things out. Please help us reach a decision. And people usually listen to her because she knows what she’s talking about. So welcome judge. Very nice you. Thank you. Thank you so much for being here. And I’m going to like shake off my nerves by the end of this interview. As long as you don’t ask me to like read something, we’ll be good. So when you were sitting on the bench and two people walked into your courtroom, usually they had a big box of emotion and anger and expectation that came with them and they kind of turned their box over and dumped it on the courtroom floor. How did you sort through all of that in order to reach a decision? You know, it’s a good way to describe it. That it’s an a box it’s like a lot of different pieces of paper all together and mixed up. When people come to court for divorce, they’re in different stages of the process of coming to grips with the divorce. And the judge really needs to be aware of it. We’re not a mental health professional, but you need to appreciate and understand that people go through stages of grief, fair anxiety, anger. And it’s only when they come through the other side of it that they’re able to start having a vision of what their life could be like, um, when they are divorced and are able to accept, um, that they’ve come to this place. So I think what I have tried to do in all my years on the bench is validate that, respect them, leave people with their integrity. I understand that whatever their issue they’re bringing to me is so very important to them at that moment and give it my full attention. And what does it mean when they say I want justice? Because as a divorce attorney often we’ll have clients that say, I just want justice. And what does that look like in a divorce? Well, it often doesn’t look like what the party’s thinking deep inside about what they want for justice. When they say they want justice, they want some kind of vindication of whatever, um,

Alternative Dispute Resolution (ADR) service provider Andrea Niemi joins Tom to discuss how her ADR clients are navigating the pandemic. She highlights the successful problem-solving of her parenting consultant clients. She addresses the challenges of appellate mediation that exist regardless of the pandemic. She muses about the likelihood of continuing to provide services via videoconference, and the positive outcomes she has experienced. She discusses the challenges clients have faced in participating in an ADR session due the proximity of children and discusses the creative ideas clients have used like going to their empty work office or mediating from their car in the driveway. Finally, she expresses optimism about where the ADR field is headed with the technological and creative solutions forced upon us by COVID-19.

In this 10 minute micro-learning moment, US EEOC Chief Mediator Victor Voloshin discusses the topic of confidentiality in the federal sector Alternative Dispute Resolution (ADR) process. Follow us on Twitter @EEOC_OFO to stay up to date on upcoming free online information sessions/webinars on this and other topics of interest to EEO and HR practitioners.

In this podcast Alan scans through some of the processes that come under the heading of 'alternative dispute resolution' (ADR) and looks further into why mediation is a unique alternative within that category of processes because it is a non-adversarial process. This makes it particularly suitable for some types of dispute while adversarial processes (such as arbitration, adjudication and going to court) are appropriate for other types of dispute. Knowing which process is suitable for which kind of situation will mean better use will be made of all of these processes. Often there is confusion about this and so processes which are inappropriate to the situation are attempted but lead to frustration because it cannot provide a useful and satisfactory outcome for those involved. Additionally, processes which didn't used to be called 'mediation' and which are still adversarial in nature are now having that label attached to them, leading to ambiguity about the role of the mediator and the process concerned. Alan's videos and podcasts are based on his observations when working with people involved in unresolved conflict during the last 25 years working as a mediator, conflict coach and conflict management consultant in London and across the UK. Subscribe to the Communication and Conflict YouTube Channel: Check out the Communication and Conflict Facebook page: Visit the Communication and Conflict website: Alan is Director of CAOS Conflict Management based in London, UK BOOKS How to Resolve Bullying in the Workplace: Stepping Out of the Circle of Blame to Create an Effective Outcome for All A Guide To Effective Communication for Conflict Resolution - How Mindful Communication Supports Growth Through Conflict. CREDITS Outro Music: All Colours Pt 6 by Bob Holroyd, from album Hollowman:

John Yacos, of Yacos Law, has 30 years experience in matrimonial and family law. He joins Stacy Francis on this week’s show, to dispel the common myths about litigation, including the time it takes to get through the legal process. Common myths and misconceptions about litigation arise because of statements made by professionals, the anecdotal experience of clients’ acquaintances, as well as incorrect online information. [4:04] It’s important to be armed with information to guide you through the legal process with as little damage to the family as possible. John says that clients cannot make these important decisions without accurate information. [4:50] Litigation is only one of the options available, and John prefers to view it as a last resort. People should always consider Alternative Dispute Resolution (ADR). [6:45] Stacy asks, when might someone know that ADR is not a good fit and they need to take the next step to litigation? John shares several tips to help listeners decide. [8:21] One common myth is that you have to choose between mediation and litigation. The truth is that you can have both: use mediation for some parts of your matter and litigation for other parts. It does not have to be one or the other. [10:18] A parent coordinator can unlock seemingly intractable custodial issues. [12:25] Another myth John busts is that your divorce proceeding will be quick. John says that each case is fact-specific and that there are many variables to consider, including whether you go to family court or Supreme Court. He explains the differences between the two court systems. [13:40] John tells listeners what they should look for in a litigation attorney. You need someone who: Can present a reasonable argument to the deciders in your case; Can make their clients understand the importance of being seen as reasonable; Can explain to their clients that the children’s best interest is going to be the most important consideration in litigation; Is professional and ethical, and works well with other attorneys; Doesn’t create barriers by being aggressive or nasty; Can adapt their strategy if circumstances change.  Has a high level of emotional intelligence. [21:51] You don’t need the most expensive lawyer to represent you in your matter. You can get great advocacy if your lawyer is familiar with the court and knows how to resolve the five major issues of divorce with children - custody, child support, maintenance, equitable distribution and potential for counsel fees. [26:38] There are only two ways to end a case, John says. One way is to come to an agreement, and the other way is when the judge renders a decision. [35:36] Stacy says that a common belief is that the quickest way to end a matter is through litigation. John dispels this myth by saying that litigation is generally used to resolve issues that are more difficult. With the large number of cases before the courts, litigation is more of a marathon than a sprint, he points out. [37:32] Even when you’re using ADR, you should have your own attorney advising you. The cost of a consulting attorney could save you thousands in the future. [44:44] Resources YacosLaw.com Email: john@YacosLaw.com Phone: 212-587-9560 Find out more about the Second Opinion program  Stacy Francis: Stacy@Stacyfrancis.com Phone: 212-374-9008

Anyone who has ever been involved in litigation knows it can often take years for a case to be resolved, even if the case is ultimately settled. There are other options to resolve legal disputes. Within our legal system, there are a variety of forms of alternative dispute resolution (ADR) systems that allow parties to resolve their issues more quickly and with less cost. On this show, we discuss with our guests the various forms of alternative dispute resolution and we talk about when it might be better for disputing parties to seek these alternatives to the litigation process to resolve their differences. Our guests on this show are Pam Glean, NCCU Law Professor and Chair of the Dispute Resolution Institute, and Mavis Gragg, Supervising Attorney for the NCCU Law Dispute Resolution Clinic.

John Mitchell, Alternative Dispute Resolution (ADR) professional, has a track record of success in many spheres, and for the past two decades has achieved superb results for clients.Says, Mitchell, “I bring conflict and contentious disputes to a happy ending, building trust and commitments that create lasting solutions, peace and finality to vexing problems and situations.”During this interview, John Mitchell speaks to Stewart Andrew Alexander on the topic of divorce mediation and shares his experiential insights into why he views mediation as a better, faster and cheaper alternative for divorcing couples.To learn more: https://www.linkedin.com/in/johnkmitchellesq, or call: (562) 688-0000.

John Mitchell, Alternative Dispute Resolution (ADR) professional, has a track record of success in many spheres, and for the past two decades has achieved superb results for clients.Says, Mitchell, “I bring conflict and contentious disputes to a happy ending, building trust and commitments that create lasting solutions, peace and finality to vexing problems and situations.”During this interview, John Mitchell speaks to Stewart Andrew Alexander on the topic of divorce mediation and shares his experiential insights into why he views mediation as a better, faster and cheaper alternative for divorcing couples.To learn more: https://www.linkedin.com/in/johnkmitchellesq, or call: (562) 688-0000.

Verbal Aikido is a means of communication that enables the practitioner to transform verbal attacks, both effectively and peacefully. This philosophy comes from the Japanese martial art of Aikido that seeks to transform ‘attackers’ into training partners. It’s a fun and easy-to-learn approach that can be learned from ages as young as 5 years old. Regular practice of Verbal Aikido considerably increases self-esteem, altruism, and the confidence to manage conflict in a self-affirming and harmonious manner. Luke Archer is an Irish-born teacher trainer, writer and public speaker on communication, conflict management, and education development. He’s been living in Lyon, France since 1995, where he has innovated and pioneered Verbal Aikido training since 2009. He continues to work with companies, schools and students of all ages internationally spreading this way of peaceful communication to one boardroom or classroom at a time. Stephen Kotev is a Washington D.C. based conflict resolution consultant offering mediation, negotiation and facilitation services, conflict coaching, training and somatic education to private and government clients. Helping people resolve problems and improve their performance is his passion and profession. He has dedicated his professional career to the practice and study of conflict resolution. Stephen is one of only two individuals to have been employed by both of the nation’s two largest Alternative Dispute Resolution (ADR) membership organizations – the American Bar Association Section of Dispute Resolution and the Association for Conflict Resolution. 

This week on #LeadingLadiesMTR, I caught up with Holly McAllister, head of customer service and quality at Motor Codes. Motor Codes is the government-backed, self-regulatory body for the motor industry, operating with the full support of the Trading Standards Institute. As the third episode of Leading Ladies in the motor trade, Holly and I discussed her extensive role, the vital work that Motor Codes do in the automotive sector and their three codes of practice for new cars, service & repair and warranty products. We also covered the reasons why almost 8,000 dealerships and garages have already subscribed to the codes, their Alternative Dispute Resolution (ADR) service and online training for the Consumer Rights Act 2015. 

Brav is a new way for people of any age to find a solution to bullying, violence, and conflict. Find out why this is so important and join our guest, Remi Alli to learn how to settle family, school, and workplace disputes online. Along with her JD, Remi Alli is a psychology graduate of the University of Michigan -- Ann Arbor. She also holds a Master’s Degree in Health Law and Policy from Loyola University Chicago School of Law. She has mediated for over 15 years, resolving thousands of cases, and is a trained and certified mediator through the Supreme Court of Ohio. She has written for Forbes, Neuroscience for Kids, among others, and received the top prize in the nation for her legal writing through the American Judges Association. She also served as a teacher of law through the Law & Leadership Institute. Stephen Kotev is a Washington D.C. based conflict resolution consultant offering mediation, negotiation and facilitation services, conflict coaching, training and somatic education to private and government clients. Helping people resolve problems and improve their performance is his passion and profession. Stephen is one of only two individuals to have been employed by both of the nation’s two largest Alternative Dispute Resolution (ADR) membership organizations – the American Bar Association Section of Dispute Resolution and the Association for Conflict Resolution. Stephen has conducted trainings to international and national audiences in, the United Arab Emirates, Bahrain, Qatar, Germany, Northern Ireland and across the United States.

Brav is a new way for people of any age to find a solution to bullying, violence, and conflict. Find out why this is so important and join our guest, Remi Alli to learn how to settle family, school, and workplace disputes online. Along with her JD, Remi Alli is a psychology graduate of the University of Michigan -- Ann Arbor. She also holds a Master’s Degree in Health Law and Policy from Loyola University Chicago School of Law. She has mediated for over 15 years, resolving thousands of cases, and is a trained and certified mediator through the Supreme Court of Ohio. She has written for Forbes, Neuroscience for Kids, among others, and received the top prize in the nation for her legal writing through the American Judges Association. She also served as a teacher of law through the Law & Leadership Institute. Stephen Kotev is a Washington D.C. based conflict resolution consultant offering mediation, negotiation and facilitation services, conflict coaching, training and somatic education to private and government clients. Helping people resolve problems and improve their performance is his passion and profession. Stephen is one of only two individuals to have been employed by both of the nation’s two largest Alternative Dispute Resolution (ADR) membership organizations – the American Bar Association Section of Dispute Resolution and the Association for Conflict Resolution. Stephen has conducted trainings to international and national audiences in, the United Arab Emirates, Bahrain, Qatar, Germany, Northern Ireland and across the United States.

Legal Talk Network producer Laurence Colletti interviews Bob Hoyle and Meah Tell from the Alternative Dispute Resolution (ADR) section about their seminar titled “Arbitration, Effective Joint Opening Sessions, and Ethical Issues for Mediators and Attorneys” at The Florida Bar’s 2015 Annual Convention.