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The role of ombudsman in ADR and its impact on sovereign government
Finance & Accounting
Pages 16 (4016 words)
The commonly held notion of Ombudsmen is that of a person who, outside the usual legal framework, acts on behalf of individuals or groups with little or no access to legal or administrative recourse.
While usually asked by one party or the other to become involved, the ombudsman may take the initiative without being requested to do so. While formal definition of the role is not legally universally accepted, the description of the role is generally as stated and practiced within the limits and specifications of various legal systems and constitutions. Functioning on local, national and international level, the role of ombudsman is the purest and most effective form of alternative dispute resolution between individuals and more powerful entities. The Ombudsman: Concept and Mechanisms for ADR The role of Alternate Dispute Resolution (ADR) in resolving the grievances of private citizens has expanded over the years to achieve a status even among attorneys as a valid legal and useful practice. Rather than merely an alternative to costly litigation, it has resurrected ‘traditional notions’ about the use of negotiation and out of court settlement.1 Over the past two decades ADR has evolved into a complex arena for settling disputes, encouraged by the rise in popularity and acceptance of the ombudsman as prime impartial negotiator. With the increased use of ombudsmen, officials in this role can be found at all levels of government, as well as in settings of private industry and academia. ...
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