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Title: Modernization And Institutionalization Of Mediation To Resolve Commercial And Investment Disputes In Ethiopia
???metadata.dc.contributor.*???: EKARIAS KENEAA (ASSOCIAT PROFFESSOR )
Kamil, Abdu
Keywords: commercial transactions
Issue Date: Mar-2014
Publisher: Addis Ababa University
Abstract: Dispute settlement is usually considered as an important issue in investment and commercial transactions for disputes are unavoidable. ln the modern era, court litigation was considered to be the main and inherent dispute resolution mechanisms including for commercial and investment disputes. Unlike the needs of commercial and investment disputes, however; Court litigation is generally characterized by, among others, cost inefflciency, adversarial nature and delay. Consequently, modern altemative dispute settlement mechanisms are becoming more popular in resolving commercial and investment disputes. The primary choice for commercial and investment disputes has been modem arbitration. But, modern arbitration is also becoming more adversarial, costly and lengthy. Therefore, more flexible interest based ADR mechanisms like mediation is becoming more important to resolve investment and commercial disputes. ln Ethiopia, resolving disputes using traditional mediation is common throughout the country. But, Modem & institutionalized mediation is very recent and rare. There is also no legal regime specifically goveming modern & institutional mediation in the country. Even if we can take mediation and conciliation to mean a similar concept, legal rules govem ing conciliation are insufficient. l-lowever, few ADR centers like the Addis Ababa Chamber of Commerce and Sectorial Association arbitration institute and Court annexed mediation Center at federal courts are rendering mediation services. Using both qualitative & quantitative methodologies as well as primary & secondary data, the research examines modem and institutional mediation in Ethiopia and the needs to further modemizeí and institutionalize it to resolve commercial and investment disputes. By analyzing primary & secondary data and using logical reasoning, the research recommends, among others, the need to reconsider the policy towards modem and institutionalize mediation on the side of the govemment, undertaking various legal reforms, strengthening and expanding existing court annexed mediation centers, increasing accessibility of chamber mediation in the country, considering establishment of new mediation centers and the need to consider establishing a regional mediation center in Addis Ababa.
Appears in Collections:Thesis - Law

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