The Challenge in Implementing Decisions Arising from Alternative Dispute Resolution (ADR) and its Legal Management.

Articles in Press

Document Type : Original Article

Authors

1 Associate Prof, Group of private and Islamic law, Faculty of Law and Political Science of University of Tehran, Tehran, Iran.

2 M.A student, international commercial and economic law, University of Tehran, Tehran, Iran

10.48300/jlr.2023.413727.2427

Abstract

Due to some shortcomings in resolving disputes through judicial courts and arbitration, some disputants decide to use non-judicial methods such as negotiation, mediation, conciliation, or mini trial to resolve their disputes. Recent methods known as alternative dispute resolution (ADR) or alternative dispute resolution mechanisms, which have advantages, face a fundamental challenge in the field of implementing decisions made at the end of the ADR process. If this challenge is not identified in advance and not managed by the legal management of the parties, the use of alternative dispute resolution will only result in wasting time and energy for the parties, and they will be forced to return to zero point and resolve their dispute through court or arbitration. This article seeks to answer the question of what the main challenges are in implementing decisions resulting from Alternative dispute resolution (ADR), aiming to fill the existing research gap. The research method of this study is descriptive and analytical, and it is based on library sources, sample opinions, and case files in this field. The provable hypothesis of this article is that this challenge can be reduced by predicting a series of actions and necessary legal management to reduce the risk arising from alternative methods. Therefore, it is necessary to identify and manage the risk of non-implementation in advance.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 24 October 2023

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