Alternative Dispute Resolution Research Landscape from 1981 to 2022

Mota, Fábio Batista; Braga, Luiza Amara Maciel; Cabral, Bernardo Pereira

doi:10.1007/s10726-023-09848-8

Cited by 2 publications

(2 citation statements)

References 72 publications

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“…Normally arbitration is preferred in commercial disputes due to its binding nature and enforceability across borders which are important for international corporate operations (Pinkham & Peng, 2017). Mediation and negotiation are the most considerable approaches due to their cost-effectiveness and safe ways to maintain corporate relationships in resolving disputes more efficiently (Mota et al, 2023). Mediation and conciliation are like a cornerstone in resolving family disputes, predominantly in delicate matters like divorce, custody, and visitation of minor issues.…”

Section: Applicability In Different Contextsmentioning

confidence: 99%

“…This study would be very productive for legal professionals and individuals to make informed decisions about the most appropriate dispute resolution strategy in different situations and distinct jurisdictions. Mediation, arbitration, negotiation, and conciliation are the most universally utilized techniques due to their distinguished procedural frameworks, and cost-effectiveness (Mota et al, 2023).…”

Section: Introductionmentioning

confidence: 99%

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Harmonizing Conflict: Exploring Global Applications of Alternative Dispute Resolution Methods

Muhammad Farhan Talib,

Omer Mahmood Watto,

Muhammad Islam

et al. 2024

PJCJ

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This study examines the domain of conflict resolution through a comparison of conventional trial procedures and alternative dispute resolution (ADR) techniques. The author highlights the critical importance of trials in protecting interests and rights, while also recognizing inherent constraints such as protracted proceedings and financial strains. In light of the progressive development of democratic societies, there is a noticeable transition towards alternative methods of resolving disputes, which calls for a thorough assessment of their merits and demerits. The study focuses on mediation, arbitration, negotiation, and conciliation as primary ADR techniques, elucidating their applicability, advantages, and limitations across diverse scenarios and jurisdictions. It emphasizes the contextual dependency of ADR methods and their effectiveness in addressing commercial, familial, and international conflicts. The emergence of online dispute resolution (ODR) as a burgeoning field is also explored, highlighting its potential to enhance accessibility and efficiency in conflict resolution. The analysis concludes by promoting mediation as a fundamental aspect of modern dispute resolution frameworks, highlighting its focus on human interests and its ability to cultivate harmonious relationships. The ongoing development of alternative dispute resolution (ADR) methods, in conjunction with advancements in technology and cultural awareness, presents an opportunity to transform the field of conflict resolution by enhancing its adaptability and inclusiveness.

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Section: Applicability In Different Contextsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Harmonizing Conflict: Exploring Global Applications of Alternative Dispute Resolution Methods

Muhammad Farhan Talib,

Omer Mahmood Watto,

Muhammad Islam

et al. 2024

PJCJ

View full text Add to dashboard Cite

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Balancing the scale: navigating ethical and practical challenges of artificial intelligence (AI) integration in legal practices

Zafar

2024

Discov Artif Intell

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The paper explores the integration of artificial intelligence in legal practice, discussing the ethical and practical issues that arise and how it affects customary legal procedures. It emphasises the shift from labour-intensive legal practice to technology-enhanced methods, with a focus on artificial intelligence's potential to improve access to legal services and streamline legal procedures. This discussion importantly highlights the ethical challenges introduced by the integration of Artificial Intelligence, with a specific focus on issues of bias and transparency. These ethical concerns become particularly paramount in the context of sensitive legal areas, including but not limited to, child custody disputes, criminal justice, and divorce settlements. It underscores the critical need for maintaining ethical vigilance, advocating for developing and implementing AI systems characterised by a profound commitment to ethical integrity. This approach is vital to guarantee fairness and uphold transparency across all judicial proceedings. The study advocates for a "human in the loop" strategy that combines human knowledge and AI techniques to mitigate biases and guarantee individualised legal results to ensure AI functions as a complement rather than a replacement, the paper concludes by emphasising the necessity of preserving the human element in legal practices.

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Alternative Dispute Resolution Research Landscape from 1981 to 2022

Cited by 2 publications

References 72 publications

Harmonizing Conflict: Exploring Global Applications of Alternative Dispute Resolution Methods

Harmonizing Conflict: Exploring Global Applications of Alternative Dispute Resolution Methods

Balancing the scale: navigating ethical and practical challenges of artificial intelligence (AI) integration in legal practices

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