Alternative Dispute Resolution

Alternative Dispute Resolution (33)

A. Background Ethiopian Arbitration and Conciliation Center (EACC) were established by a group of Ethiopian lawyers, with the aim of providing an alternative mechanism for private dispute resolution. The Center provides arbitration and mediation services on commercial, labor, construction and family disputes. It is an independent body and facilitates the…
Arbitration Proceedings As per the objective of the law, arbitration proceedings have to be made expeditiously and fairly. In the parties’ failure, arbitrators will determine the place, time and language of the proceeding. The proceedings, however, as per article 317 of Civ. Pr. should be nearly the same as a…
Arbitrators “Formation of Arbitral Tribunals and Disqualification and Removal of Arbitration under Ethiopian Law” by Zekarias Kene’áa from Journal of Ethiopian Law 2007 FORMATION OF ARBITRAL TRIBUNALS A. Appointment of arbitrators One of the main characteristics of arbitration is that there would be private judges or references that would consider…
Arbitration This is the most widely used and commonly known type of ADR. "It is the submission of a dispute between two parties to a third impartial (arbitrator) with the agreement that the decision of the arbitrator will be binding and final. It is a quasi-judicial procedure that avoids the…
Preliminary Points Conciliation is one type of ADR, which may be used in the settlement of a variety of dispute. The term conciliation is sometimes used interchangeably with mediation though there is slight difference among these two processes. The Ethiopian law used conciliation rather than mediation and it is the…
Compromise in General The fact that we do not have a consolidated legal document to regulate ADR matters does not mean that we do not have any laws to regulate the matter. Thus, we have got lots of provisions and principles regulating the issues related with ADR. These principles, however,…
Customary dispute settlement of some specific ethnic groups Different writers have tried to describe the diversified customary practices of different ethnic groups. Ato Tesfaye Abate in “Introduction to Law and Ethiopian Legal System” course material has discussed in detail the Afar customary law including the devises employed there to settle…
Customary ways of Dispute Settlement Customary and religious laws are earliest and prominent in Ethiopia to settle disputes. African continent were filled with customary laws before the incursions by foreigners. Particularly in Ethiopia customary laws of different ethnic groups were the major body of law in Ethiopia for centuries. Even…
Constitutionality of ADR This days adhering to constitutional values is becoming a standard to determine the stage of development of a certain nation. Constitutional values can be seen in to angles. One from the eyes of the subjects – as a means to check whether the elected and ruling parts…
Historical Background In our prior discussion in the first chapter, we have seen that ADR is as old as early society. In the old civilization of ancient history the Greek mythology, the laws of Babylonian, i.e. Hammurabi Code (1750 BC), the XII Tables of the Ancient Romans (Table I paragraph…
The Role of Arbitrator Arbitration, as already stated, is a procedure of settling disputes in which both disputing parties, except in case of non- binding arbitration, agree to accept the decision of the arbitrator as legally binding. Therefore, the role of arbitrator is more or less similar to the role…
Perceived Advantages Arbitration may allow a dispute to remain private, and the publicity inevitably associated with litigation may be avoided. The public interest is also served because the parties bear the costs of arbitration themselves. Arbitration is more flexible than litigation. The parties have control over their own dispute, the…
Preliminary Considerations of Arbitration There are issues which have to be considered in arbitration in order to further understand the applicability of the system. Arbitrability In order to talk about arbitration in arm length, first we have to know issues which are arbitrable and which are not. To state otherwise,…
Arbitration is typically an out- of- court method for resolving a dispute in which a party submits a disputed matter to impartial person (the arbitrator) for decision. The arbitrator controls the process; listen to both sides and make a decision. Like a court trial only one side will prevail, but…