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Madawalabu University Shool of Behavioral Sciences Department of Law Adr Course Term Paper Prepared by Group One

This document is a term paper submitted by a group of students at Madawalabu University on alternative dispute resolution (ADR). It contains an abstract, acknowledgements, and three chapters on various topics related to ADR. Chapter 1 discusses different types of ADR mechanisms like negotiation, mediation, arbitration, and their key characteristics. Chapter 2 examines the role and jurisdiction of traditional and informal justice systems in ADR, particularly for criminal cases. Chapter 3 explores the need for international ADR organizations and Ethiopia's engagement with these systems. The paper provides an overview of ADR in both domestic and international contexts.

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310 views

Madawalabu University Shool of Behavioral Sciences Department of Law Adr Course Term Paper Prepared by Group One

This document is a term paper submitted by a group of students at Madawalabu University on alternative dispute resolution (ADR). It contains an abstract, acknowledgements, and three chapters on various topics related to ADR. Chapter 1 discusses different types of ADR mechanisms like negotiation, mediation, arbitration, and their key characteristics. Chapter 2 examines the role and jurisdiction of traditional and informal justice systems in ADR, particularly for criminal cases. Chapter 3 explores the need for international ADR organizations and Ethiopia's engagement with these systems. The paper provides an overview of ADR in both domestic and international contexts.

Uploaded by

aman jr
Copyright
© © All Rights Reserved
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Download as DOC, PDF, TXT or read online on Scribd
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MADAWALABU UNIVERSITY

SHOOL OF BEHAVIORAL SCIENCES

DEPARTMENT OF LAW

ADR COURSE

TERM PAPER

PREPARED BY GROUP ONE

GROUP MEMBERS NAME ID NO

1. ASHENAFI MAMO BLR/2873/04

2. ADANE HAILU BLR/2872/04

3. ABERA DECHASA BLR/2870/04

4. BEDANE TUFA BLR/2876/04

5. FIKADU GIRSHA BLR/2883/04

6. MILIYON GARADOW BLR/2989/04

7. SHELEMA KEDIR BLR/2896/04

SUBMITTED TO

TEMESGEN.S

SUBMITION DATE

1/06/2015

BALE-ROBE

ETHIOPI
A
TABLE OF CONTENTS

TITLE PAGE

Abstract…………………………………………………………………………………………….. I

Acknowledgment………………………………………………………………………………….. II

CHAPTER ONE

TYPES AND CHARACTERSTICS OF ADR

1.1 Introduction…………………………………………………………………………………….. 1

1.2 Negotiation……………………………………………………………………………………... 1

1.3 Conciliation or Mediation……………………………………………………………………. 2

1.4 Med-Arb………………………………………………………………………………………… 3

1.5 MEDOLA……………………………………………………………………………………….. 4

1.6 Mini-Trial………………………………………………………………………………………. 4

1.7 Fast-Track Arbitration………………………………………………………………………... 5

1.8 Adjudication…………………………………………………………………………………….. 5

1.9 Private judgment……………………………………………………………………………..... 6

1.10 Arbitration…………………………………………………………………………………….. 6

1.11 Early neutral evaluation…………………………………………………………………….. 7

1.12 Neutral Fact Finding Expert………………………………………………………………... 7

CHAPTER TWO

THE ROLE, RECOGNITION AND JURISDICTION OF TRADITIONAL AND


INFORMAL JUSTICE OF ADR IN CRIMINAL CASES

2.1 Introduction………………………………………………………………………………………. 9

2.2 Roles of traditional and informal justice of ADR in criminal cases………………………. 9

2.3 Recognition and jurisdiction of ADR under FDRE criminal code, criminal procedure code
and criminal justice policy of 2011………………………………………………………………… 10

2.4 Criteria’s enshrined under criminal justices policy of 2011……………………………….. 11


CHPTER THREE

INTERNATIONAL ADR

3.1 Need for ADR…………………………………………………………………………………. 12

3.2 Scope and limitation………………………………………………………………………..... 13

3.3 Organs to ADR and Ethiopia’s trend………………………………………………………. 14

3.4 Conclusion……………………………………………………………………………………… 15

Biblography…………………………………………………………………………………………. 16
ACKNOWLEDGMENT
As a group we would like to extend deepest thanks for our ALMIGHTY GOD,
GLORY TO HIM! Next we address our gratitude to MWU who stand beside us
through providing internet and library accesses. Third to our course instructor
Temsgen.S, we would like to say you thank you! For your efforts through
teaching this course and preparing us for better level. Last not least, our
acknowledgment extended to our class mate students who collaborated with us by
sharing necessary information to this paper.

Group one members!!!


ABSRACT
This term prepared in order to discuss the nature and characteristics of ADR in national and
international level. Alternative dispute resolution doesn’t refer to a single kind of mechanism,
but it is a generic term to refer dispute settlement mechanisms other than court and
administrative tribunals such as negotiation, mediation or conciliation, Med-Arb, MEDOLA,
mini-trial, arbitration, fast-track arbitration, adjudication, private judgment, early neutral
evaluation and new fact finding experts. In this tem paper we try show the scope, merits,
demerits, effects of these ADR mechanisms and lastly we try indicate whether or not these
mechanisms are included in Ethiopian legislation. There is no consensus to the role,
recognition and jurisdiction of traditional ADR and informal justice in promoting access to
justice under Ethiopian legal system. There is an inspection towards FDRE criminal code of
2004, criminal procedure code and 2011 of Ethiopian criminal justice policy to check the role,
recognition and jurisdiction of ADR in criminal or in public cases. The criteria enshrined under
the 2011 Ethiopian criminal justice policy in order to refer a case to be referred to ADR
mechanism. A case to be referred to ADR mechanism, it should not affect the public interest it
only affect private interest of the victim, not against the constitutional right and order, parties
to the expected to be consented towards this and cases needs to be punishable up on compliant.
Alternative dispute resolution as an alternative to court and other administrative tribunals is
not only in domestic courts. There are international alternative dispute resolution organs which
are established to entertain and provide solution for cases which are beyond domestic
jurisdiction of national alternative dispute resolution and includes transnationl companies.
Globalization, limitation of domestic courts, promotion of access to justice, development of
international trade and foreign direct investment, influence of UN charter, limitation of
ordinary international courts, its confidentiality of organs and enforcement of these
international ADR awards are the prominent factors for creation of these international ADR.
Ethiopia as part of the world it is under the influence of international ADR organs.

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