{"title":"Alternative dispute resolution: Mediation as a model.","authors":"Naser Sherman, Bashar Talal Momani","doi":"10.12688/f1000research.152362.2","DOIUrl":null,"url":null,"abstract":"<p><strong>Background: </strong>The topic of Alternative Dispute Resolution (ADR) in civil and commercial contexts presents a contemporary legal challenge aimed at fostering equitable solutions. Among ADR methods, mediation stands out for its ability to reduce time, costs, and litigation duration. This study explores the conceptual framework, essential conditions, and procedural aspects of mediation. It evaluates the sufficiency, regulation, and effectiveness of mediation principles in conflict resolution and risk mitigation.</p><p><strong>Methods: </strong>This study is conducted through a comprehensive review of current literature on Alternative Dispute Resolution methods, with a particular focus on mediation as an alternative to dispute settlement. The study utilizes qualitative analysis techniques to examine the effectiveness of mediation principles and their application in resolving civil and commercial disputes. Comparative analyses are also conducted to extract useful insights from various legal systems and authorities.</p><p><strong>Results: </strong>The study provides an analysis that illustrates the effectiveness of mediation in resolving disputes, emphasizing its potential benefits in terms of time and cost savings, as well as its srole in facilitating amicable resolutions. The results of this study shall contribute to the current body of knowledge on mediation and provide practical recommendations for its application in diverse legal contexts.</p><p><strong>Conclusion: </strong>In conclusion, the study proposes strategies to enhance mediation practices, promote a culture of its adoption, and integrate it more closely into the judicial system. Additionally, it anticipates the future effectiveness of mediation in jurisdictions lacking comprehensive legislation, drawing from successful Western experiences to guide potential developments in Arab legal frameworks.</p>","PeriodicalId":12260,"journal":{"name":"F1000Research","volume":"13 ","pages":"778"},"PeriodicalIF":0.0000,"publicationDate":"2025-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11806251/pdf/","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"F1000Research","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.12688/f1000research.152362.2","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2024/1/1 0:00:00","PubModel":"eCollection","JCR":"Q2","JCRName":"Pharmacology, Toxicology and Pharmaceutics","Score":null,"Total":0}
引用次数: 0
Abstract
Background: The topic of Alternative Dispute Resolution (ADR) in civil and commercial contexts presents a contemporary legal challenge aimed at fostering equitable solutions. Among ADR methods, mediation stands out for its ability to reduce time, costs, and litigation duration. This study explores the conceptual framework, essential conditions, and procedural aspects of mediation. It evaluates the sufficiency, regulation, and effectiveness of mediation principles in conflict resolution and risk mitigation.
Methods: This study is conducted through a comprehensive review of current literature on Alternative Dispute Resolution methods, with a particular focus on mediation as an alternative to dispute settlement. The study utilizes qualitative analysis techniques to examine the effectiveness of mediation principles and their application in resolving civil and commercial disputes. Comparative analyses are also conducted to extract useful insights from various legal systems and authorities.
Results: The study provides an analysis that illustrates the effectiveness of mediation in resolving disputes, emphasizing its potential benefits in terms of time and cost savings, as well as its srole in facilitating amicable resolutions. The results of this study shall contribute to the current body of knowledge on mediation and provide practical recommendations for its application in diverse legal contexts.
Conclusion: In conclusion, the study proposes strategies to enhance mediation practices, promote a culture of its adoption, and integrate it more closely into the judicial system. Additionally, it anticipates the future effectiveness of mediation in jurisdictions lacking comprehensive legislation, drawing from successful Western experiences to guide potential developments in Arab legal frameworks.
F1000ResearchPharmacology, Toxicology and Pharmaceutics-Pharmacology, Toxicology and Pharmaceutics (all)
CiteScore
5.00
自引率
0.00%
发文量
1646
审稿时长
1 weeks
期刊介绍:
F1000Research publishes articles and other research outputs reporting basic scientific, scholarly, translational and clinical research across the physical and life sciences, engineering, medicine, social sciences and humanities. F1000Research is a scholarly publication platform set up for the scientific, scholarly and medical research community; each article has at least one author who is a qualified researcher, scholar or clinician actively working in their speciality and who has made a key contribution to the article. Articles must be original (not duplications). All research is suitable irrespective of the perceived level of interest or novelty; we welcome confirmatory and negative results, as well as null studies. F1000Research publishes different type of research, including clinical trials, systematic reviews, software tools, method articles, and many others. Reviews and Opinion articles providing a balanced and comprehensive overview of the latest discoveries in a particular field, or presenting a personal perspective on recent developments, are also welcome. See the full list of article types we accept for more information.