LIJDLR

Mediation

THE EVOLUTION OF ALTERNATIVE DISPUTE RESOLUTION IN CORPORATE CONFLICTS: INTEGRATING ARBITRATION, MEDIATION, AND ONLINE DISPUTE RESOLUTION IN THE DIGITAL ERA

Volume III Issue IV /

THE EVOLUTION OF ALTERNATIVE DISPUTE RESOLUTION IN CORPORATE CONFLICTS: INTEGRATING ARBITRATION, MEDIATION, AND ONLINE DISPUTE RESOLUTION IN THE DIGITAL ERA Parth Attry, LLB final year student, UILS, Chandigarh University, Gharuan, Mohali, Punjab (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.118 Alternative Dispute Resolution (ADR) has undergone a significant transformation in the corporate realm, evolving from traditional arbitration and mediation methods into more sophisticated and technologically driven mechanisms. This evolution reflects the pressing need to provide efficient, accessible, and cost-effective dispute resolution alternatives tailored to the complexities of contemporary corporate conflicts. The integration of arbitration, mediation, and Online Dispute Resolution (ODR) represents a paradigmatic shift that harnesses digital tools to streamline processes while expanding access to justice. However, implementing digital ADR mechanisms introduces a multifaceted array of challenges, including technical limitations, data security concerns, transparency issues, and the potential for bias embedded in artificial intelligence algorithms. Legal and ethical considerations further complicate the deployment of technology-driven dispute resolution, necessitating a reexamination of foundational principles such as fairness, accountability, and confidentiality. This article explores the trajectory of ADR in corporate disputes, emphasising the interplay of legal frameworks and technological innovation. It argues for the development of a harmonised hybrid ADR system combining human oversight with AI-powered analytics to maintain procedural integrity. Policy recommendations focus on enacting uniform legislation to recognise ODR outcomes, fostering international cooperation to address jurisdictional complexities, and establishing rigorous digital security standards. By synthesising normative legal theory with contemporary technological developments, this study contributes to the broader discourse on establishing a reliable, transparent, and future-ready corporate dispute resolution architecture in the digital era. Overall, this paper seeks to contribute toward reimagining corporate dispute resolution in the digital era, where technological innovation coexists with ethical responsibility and legal certainty.

THE EVOLUTION OF ALTERNATIVE DISPUTE RESOLUTION IN CORPORATE CONFLICTS: INTEGRATING ARBITRATION, MEDIATION, AND ONLINE DISPUTE RESOLUTION IN THE DIGITAL ERA Read More »

THE LEGISLATIVE ENSHRINEMENT OF CONSUMER PROTECTION IN TUNISIA: ANALYSIS OF THE LEGAL FOUNDATIONS AND CONTEMPORARY ADVANCES

Volume III Issue III /

THE LEGISLATIVE ENSHRINEMENT OF CONSUMER PROTECTION IN TUNISIA: ANALYSIS OF THE LEGAL FOUNDATIONS AND CONTEMPORARY ADVANCES Mokili Kiamodja Esther, bachelor’s degree in Private Law, Montplaisir University of Tunis, Tunisia; master’s degree in business and Corporate Law, Central University of Tunis, Tunisia; Assistant on first term at IBTP/Kisangani Bofoe Lokangu Starmans, Doctorate in Economic and Social Law, University of Kisangani Download Manuscript doi.org/10.70183/lijdlr.2025.v03.95 This article analyses the legislative enshrinement of consumer protection in Tunisia, following the normative and institutional development from 1992 to 2024. The study is based primarily on Law No. 92-117 of 7 December 1992, considered to be the founding text of consumer protection in Tunisia. It then examines the legislative additions that have consolidated it, as well as its recent adaptations to economic and technological developments. The research is based on a multidimensional legal methodology, combining analysis of the legislative and regulatory corpus, examination of Tunisian case law, and critical study of doctrine and institutional reports. It also provides a comparative perspective with international standards, in particular European directives and certain legislation adopted in Mediterranean countries. The results highlight a well-organised legal system that protects fundamental rights such as product safety, the right to information and legal guarantees. This system is also supported by mechanisms for recourse, mediation and sanctions, as well as specialised bodies. In practice, however, its effectiveness is limited by regulatory fragmentation, low consumer awareness and procedural delays. The study concludes that significant progress has been made, while emphasising the need for comprehensive codification of consumer law, strengthening of out-of-court dispute resolution mechanisms, development of consumer legal education, and continuous adaptation of legislation to new challenges, such as cross-border disputes and the repercussions of the COVID-19 pandemic. These recommendations aim to ensure more effective, equitable and sustainable protection for Tunisian consumers in a constantly changing market environment.

THE LEGISLATIVE ENSHRINEMENT OF CONSUMER PROTECTION IN TUNISIA: ANALYSIS OF THE LEGAL FOUNDATIONS AND CONTEMPORARY ADVANCES Read More »

Alternative Dispute Resolution Mechanism In India: Limitations And Recommendations

Volume I Issue III /

ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN INDIA: LIMITATIONS AND RECOMMENDATIONS Khalid Ali Khan Afridi, Undergraduate student at PSIT Kanpur Download Manuscript ABSTRACT Alternative Dispute Resolution (ADR) mechanisms have gained significant importance in India as an alternative to traditional litigation methods for resolving disputes. This research paper aims to critically analyze the effectiveness of ADR mechanisms in the Indian context and highlight their advantages and limitations. The paper begins by providing an overview of the ADR mechanisms commonly used in India including negotiation mediation arbitration and conciliation. It explores the legal framework governing ADR in the country with specific emphasis on the Arbitration and Conciliation Act of 1996 and the Mediation and Conciliation Rules of 2004. Firstly, it evaluates the accessibility of ADR mechanisms and analyzes whether they provide a cost-effective and time-efficient alternative to litigation. Secondly the paper explores the level of awareness and acceptance of ADR among various stakeholders including legal professionals, judges and litigants. It also delves into the role played by the Indian judiciary in promoting ADR and reducing the burden on courts. Additionally, the research paper critically evaluates the efficiency and enforceability of ADR outcomes in India. It analyzes the credibility and impartiality of ADR practitioners the quality of their training and accreditation and the enforceability of ADR awards and settlements. Furthermore, the paper considers the role of technology in supporting ADR processes and the potential challenges associated with its implementation. The paper also highlights the advantages of ADR mechanisms in India such as confidentiality flexibility and preserving relationships between parties. Lastly, the research paper identifies certain limitations and challenges that hinder the widespread adoption of ADR mechanisms in India. These include a lack of awareness and education resistance from certain sections of the legal community inconsistent judicial support and the need for a robust infrastructure to support ADR processes. This research paper provides a comprehensive analysis of the alternative dispute resolution mechanisms in India exploring their effectiveness advantages limitations and the challenges they face. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 136- 151. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content Alternative Dispute Resolution Mechanism In India: Limitations And Recommendations Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India CONTEMPORARY CONSTITUTIONAL CHALLENGES IN INDIA : AN ANALYSIS OF KEY ISSUES ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION

Alternative Dispute Resolution Mechanism In India: Limitations And Recommendations Read More »