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Last Topic - National Security Measures taken to ensure national security include Pakistan National Security Council (PNSC) Elements of National Security.

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Presentation on theme: "Last Topic - National Security Measures taken to ensure national security include Pakistan National Security Council (PNSC) Elements of National Security."— Presentation transcript:

1 Last Topic - National Security Measures taken to ensure national security include Pakistan National Security Council (PNSC) Elements of National Security

2 Alternative Dispute Resolution Benefits of alternative dispute resolution Procedure

3 Benefits of alternative dispute resolution Alternative dispute resolution (ADR) gives parties in dispute the opportunity to work through disputed issues with the help of a neutral third party. It is generally faster and less expensive than going to court

4 Benefits of ……. Save a lot of time by allowing resolution in weeks or months, compared to court, which can take years

5 Benefits of ……. Save a lot of money, including fees for lawyers and experts, and work time lost

6 Benefits of ……. Put the parties in control (instead of their lawyers or the court) by giving them an opportunity to tell their side of the story and have a say in the final decision

7 Benefits of ……. Focus on the issues that are important to the people in dispute instead of just their legal rights and obligations

8 Benefits of ……. Help the people involved come up with Flexible and Creative options by exploring what each of them wants to achieve and why

9 Benefits of ……. Preserve relationships by helping people co-operate instead of creating one winner and one loser

10 Benefits of ……. Produce good results, for example settlement rates of up to 85 per cent

11 Benefits of ……. Reduce stress from court appearances, time and cost

12 Benefits of ……. Keep private disputes private — only people who are invited can attend an ADR session, unlike court, where the proceedings are usually on the public record and others, including the media

13 Benefits of ……. lead to more Flexible remedies than court, for example by making agreements that a court could not enforce or order (for example a change in the policy or practice of a business)

14 Benefits of ……. Be satisfying to the participants, who often report a high degree of satisfaction with ADR processes

15 Benefits of ……. give more people Access to justice, because people who cannot afford court or legal fees can still access a dispute resolution mechanism

16 Procedures for settling disputes Conciliation, Arbitration, Mediation, & Mini-trial

17 Procedures for ….. Such procedures, which are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, Divorce actions, in resolving Motor vehicle and Medical Malpractice tort claims, and in other disputes that would likely otherwise involve court litigation

18 Conciliation It is a process that involves a neutral third party to communicate with the parties in the exchange of information and settlement options. This process most closely resembles mediation before a mediator with a facilitative style.

19 Mediation It is the fastest growing ADR method. Unlike litigation, mediation provides a forum in which parties can resolve their own disputes, with the help of a neutral third party in a formal way

20 Mediation ….. Mediator's job is to keep the parties talking and to help move them through the more difficult points of contention. To do this, the mediator typically takes the parties through five stages

21 Mediation ….. First, the mediator gets the parties to agree on procedural matters, such as by stating that they are participating in the mediation voluntarily, setting the time and place for future sessions, and executing a formal confidentiality agreement

22 Mediation ….. Second, the parties exchange initial positions, not by way of addressing the mediator but in a face-to-face exchange with each other. Often, this is the first time each party hears the other's complete and uninterrupted version

23 Mediation ….. Third, if the parties have agreed to what is called a caucusing procedure, the mediator meets with each side separately in a series of confidential, private meetings and begins exploring settlement alternatives

24 Mediation ….. Fourth, when the gap between the parties begins to close, the mediator may carry offers and counteroffers back and forth between them, or the parties may elect to return to a joint session to exchange their offers

25 Mediation ….. Finally, when the parties agree upon the broad terms of a settlement, they formally reaffirm their understanding of that settlement, complete the final details, and sign a settlement agreement

26 Arbitration Act 1940 In Pakistan the Arbitration Act 1940 is applicable, which has 49 Sections, 7 Chapters and divided into 2 Schedules

27 Arbitration ……. Arbitration more closely resembles traditional litigation in that a neutral third party hears the disputants' arguments and imposes a final and binding decision that is enforceable by the courts

28 Arbitration …. Final and binding arbitration has long been used in labor-management disputes. For decades, unions and employers have found it mutually advantageous to have a knowledgeable arbitrator—whom they have chosen—resolve their disputes in this cheaper and faster fashion

29 Mediation-Arbitration The mediation-arbitration, or med-arb, combines mediation and arbitration. First, a mediator tries to bring the parties closer together and help them reach their own agreement. If the parties cannot compromise, they proceed for a final and binding decision

30 Mini-trial The Mini-trial, is finding its greatest use in resolving large-scale disputes involving complex questions of mixed law and fact, such as Product Liability, Massive construction, and Antitrust cases

31 Mini-trial …… In a mini-trial, each party presents its case as in a regular trial, but with the notable difference that the case is "tried" by the parties themselves, and the presentations are dramatically abbreviated

32 Early Neutral Evaluation An early neutral evaluation (ENE) is used in US when one or both parties to a dispute seek the advice of an experienced individual, usually an attorney, concerning the strength of their cases

33 Summary Jury Trial Summary jury trials have been used primarily in the federal courts in US, where they provide parties with the opportunity to "try" their cases in an shortened fashion before a group of jurists, who then deliberate and render an Advisory Opinion

34 Next Topic - The State, Nation, Government Elements of State, Nation, Government

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