ADR IN ENVIRONMENTAL DISPUTES IN MALAYSIA
E-Service Learning Malaysia University For Society (SULAM)
ADR IN ENVIRONMENTAL DISPUTES IN MALAYSIA
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WHAT IS ADR ALL ABOUT?
ALTERNATE | DISPUTE | RESOLUTION
Alternative Dispute Resolution (ADR) is one of the procedures in settling disputes other than litigation. In an ADR process, there will be an independent third person or party who will helps people to resolve their dispute. Afraid not, ADR processes do not include judicial determinations, such as decisions made by a court or tribunal. But they involve more like a close discussion between the disputes party and the independent third person/party. For example, arbitration, mediation, or negotiation.
One of the reasons why people prefer the ADR proceedings is that it is more cooperative, less time consuming, less money spending and the solution is much more fair for both sides. According to WIPO (World Intellectual Property Organization) ADR possesses 6 advantages such as, single procedure, party autonomy, neutrality, confidentiality, finality of awards and
enforceability of awards
ARBITRATION
A method where the third party made the decision. The arbitrator have the same duty as the judges in making Award or decision to settle the dispute. This method is usually used in labor or commercial cases.
MEDIATION
A method where the involvement of the third party that assists both parties to reach a solution. The third party is a mediator where he need to help the parties communicate with each other. The communication must be made fairly, impartially and honestly where the mediator cannot take any sides and give honest legal advice.
NEGOTIATION
A method where both parties in dispute reach an agreement that both of them agree on. The settlement can be reached without any involvement of the third party however it is a must for them to seek or consult the lawyer before the settlement.
ADR & ENVIRONMENTAL DISPUTES
It has always been the usual solution that has been implemented in tackling the environmental issues which are: Conserve water and electricity, Support environmental friendly practices and Recycle the waste to conserve natural resources. However, we believe that these are only temporary solutions for a real problem. It is important to note that Environmental issues are a warning of the upcoming disaster. If these issues are not controlled, there will soon be no life on earth. Despite knowing all the benefits that land, ocean and forest has given to us, there are still people who are selfish enough to pollute it and destroy the earth's structure just to satisfy their greedy needs. The few initiatives that the government usually takes are to create and implement stricter policies and laws related to conservation of biodiversity, Stop habitat destruction and encourage its restoration, implement sustainable living and educate the Malaysian on recycling habits. However, the government has given less consideration on implementation of ADR in resolving these environmental issues. This research is actually focused on how ADR methods are used to resolve environmental issues where it will be a new beginning for real solutions for the environmental concerns.
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