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Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the parties involved.
Quick Reference Guide on Arbitration, Conciliation & Mediation is a book authored by Vishnu S Warrier published by Lexis Nexis in 2015. The book studies the concept of arbitration, mediation and conciliation procedure in ancient India and present. Considering law students in mind, author did justice to conceptualize the alternative dispute ...
The term mediation, however, due to language as well as national legal standards and regulations is not identical in content in all countries but rather has specific connotations, and there are some differences between Anglo-Saxon definitions and other countries, especially countries with a civil, statutory law tradition. [1]
Some use the term dispute resolution to refer only to alternative dispute resolution (ADR), that is, extrajudicial processes such as arbitration, collaborative law, and mediation used to resolve conflict and potential conflict between and among individuals, business entities, governmental agencies, and (in the public international law context ...
The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent tribunal which adjudicates labour disputes in South Africa. It was established in November 1996 in terms of Section 112 of the Labour Relations Act, 1995 , which in turn implements the labour rights provided for in section 23 of the Constitution of South Africa .
[The] balance between procedure and access struck by our justice system must reflect modern reality and recognize that new models of adjudication can be fair and just." [29] However, in the decades leading up to this declaration there had already been a number of experiments in ADR practices across the provinces.
By avoiding adjudication, expedient non-adjudicative online resolution saves litigants time in court, time away from work and other fees and expenses, while protecting each from ancillary damage: The winning party generally collects more of his disputed amount and the losing party suffers no credit damage from having a judgment entered against him.
The conciliation process begins when both parties agree to engage in it as a method of resolving a dispute. [1] There are multiple uses for this form of alternative dispute resolution including transnational intellectual property, [2] legislative assemblies, [3] peace efforts, [4] and other areas of community concern.