document_title: Alternative dispute resolution

question_text: what are the types of alternative dispute resolution

question_tokens: what are the types of alternative dispute resolution

text: Alternative dispute resolution

text: Salient features[edit]

text: Alternative dispute resolution (ADR) is generally classified into at least four types: negotiation, mediation, collaborative law, and arbitration. Sometimes, conciliation is included as a fifth category, but for simplicity may be regarded as a form of mediation. ADR can be used alongside existing legal systems such as Sharia courts within common law jurisdictions, such as the UK.

text: ADR traditions vary somewhat by country and culture.  There are significant common elements which justify a main topic, and each country or region's difference should be delegated to sub-pages.

text: ADR is of two historic types.  First, methods for resolving disputes outside of the official judicial mechanisms.  Second, informal methods attached to or pendant to official judicial mechanisms. There are in addition free-standing and or independent methods, such as mediation programs and ombuds offices within organizations.  The methods are similar, whether or not they are pendant, and generally use similar tool or skill sets, which are basically sub-sets of the skills of negotiation.

text: ADR includes informal tribunals, informal mediative processes, formal tribunals and formal mediative processes.  The classic formal tribunal forms of ADR are arbitration (both binding and advisory or non-binding) and private judges (either sitting alone, on panels or over summary jury trials). The classic formal mediative process is referral for mediation before a court-appointed mediator or mediation panel. Structured transformative mediation as used by the U.S. Postal Service is a formal process. Classic informal methods include social processes, referrals to non-formal authorities (such as a respected member of a trade or social group) and intercession.  The major differences between formal and informal processes are (a) pendency to a court procedure and (b) the possession or lack of a formal structure for the application of the procedure.

text: For example, freeform negotiation is merely the use of the tools without any process.  Negotiation within a labor arbitration setting is the use of the tools within a highly formalized and controlled setting.

text: Calling upon an organizational ombudsman's office is never, by itself, a formal procedure. (Calling upon an organizational ombudsman is always voluntary; by the International Ombudsman Association Standards of Practice, no one can be compelled to use an ombuds office.)

text: Organizational ombuds offices refer people to all conflict management options in the organization: formal and informal, rights-based and interest-based. But, in addition, in part because they have no decision-making authority, ombuds offices can, themselves, offer a wide spectrum of informal options.

text: This spectrum is often overlooked in contemporary discussions of "ADR". "ADR" often refers to external conflict management options that are important, but used only occasionally. An organizational ombuds office typically offers many internal options that are used in hundreds of cases a year. These options include:

text:
delivering respect, for example, affirming the feelings of a visitor, while staying explicitly neutral on the facts of a case,
active listening, serving as a sounding board,
providing and explaining information, one-on-one, for example, about policies and rules, and about the context of a concern,
receiving vital information, one-on-one, for example, from those reporting unacceptable or illegal behavior,
reframing issues,
helping to develop and evaluate new options for the issues at hand,
offering the option of referrals to other resources, to "key people" in the relevant department, and to managers and compliance offices,
helping people help themselves to use a direct approach, for example, helping people collect and analyze their own information, helping people to draft a letter about their issues, coaching and role-playing,
offering shuttle diplomacy, for example, helping employees and managers to think through proposals that may resolve a dispute, facilitating discussions,
offering mediation inside the organization,
"looking into" a problem informally,
facilitating a generic approach to an individual problem, for example instigating or offering training on a given issue, finding ways to promulgate an existing policy,
identifying and communicating throughout the organization about "new issues",
identifying and communicating about patterns of issues,
working for systems change, for example, suggesting new policies, or procedures,
following up with a visitor, following up on a system change recommendation. (See Rowe, Mary, Informality — The Fourth Standard of Practice, in JIOA, vol 5, no 1, (2012) pp 8–17.)

text: Informal referral to a co-worker known to help people work out issues is an informal procedure. Co-worker interventions are usually informal.

text: Conceptualizing ADR in this way makes it easy to avoid confusing tools and methods (does negotiation once a lawsuit is filed cease to be ADR?  If it is a tool, then the question is the wrong question) (is mediation ADR unless a court orders it?  If you look at court orders and similar things as formalism, then the answer is clear: court annexed mediation is merely a formal ADR process).

text: Dividing lines in ADR processes are often provider driven rather than consumer driven. Educated consumers will often choose to use many different options depending on the needs and circumstances that they face.

text: Finally, it is important to realize that conflict resolution is one major goal of all the ADR processes.  If a process leads to resolution, it is a dispute resolution process.[5]

text: The salient features of each type are as follows:

text:
In negotiation, participation is voluntary and there is no third party who facilitates the resolution process or imposes a resolution. (NB – a third party like a chaplain or organizational ombudsperson or social worker or a skilled friend may be coaching one or both of the parties behind the scene, a process called "Helping People Help Themselves" – see Helping People Help Themselves, in Negotiation Journal July 1990, pp. 239–248, which includes a section on helping someone draft a letter to someone who is perceived to have wronged them.)
In mediation, there is a third party, a mediator, who facilitates the resolution process (and may even suggest a resolution, typically known as a "mediator's proposal"), but does not impose a resolution on the parties. In some countries (for example, the United Kingdom), ADR is synonymous with what is generally referred to as mediation in other countries.
In collaborative law or collaborative divorce, each party has an attorney who facilitates the resolution process within specifically contracted terms. The parties reach agreement with support of the attorneys (who are trained in the process) and mutually agreed experts. No one imposes a resolution on the parties. However, the process is a formalized process that is part of the litigation and court system.  Rather than being an Alternative Resolution methodology it is a litigation variant that happens to rely on ADR like attitudes and processes.
In arbitration, participation is typically voluntary, and there is a third party who, as a private judge, imposes a resolution. Arbitrations often occur because parties to contracts agree that any future dispute concerning the agreement will be resolved by arbitration. This is known as a 'Scott Avery Clause'.[6] In recent years, the enforceability of arbitration clauses, particularly in the context of consumer agreements (e.g., credit card agreements), has drawn scrutiny from courts.[7] Although parties may appeal arbitration outcomes to courts, such appeals face an exacting standard of review.[8]

tag: ol

text: Beyond the basic types of alternative dispute resolutions there are other different forms of ADR:

text:
Case evaluation: a non-binding process in which parties present the facts and the issues to a neutral case evaluator who advises the parties on the strengths and weaknesses of their respective positions, and assesses how the dispute is likely to be decided by a jury or other adjudicator.
Early neutral evaluation: a process that takes place soon after a case has been filed in court. The case is referred to an expert who is asked to provide a balanced and neutral evaluation of the dispute. The evaluation of the expert can assist the parties in assessing their case and may influence them towards a settlement.
Family group conference: a meeting between members of a family and members of their extended related group. At this meeting (or often a series of meetings) the family becomes involved in learning skills for interaction and in making a plan to stop the abuse or other ill-treatment between its members.
Neutral fact-finding: a process where a neutral third party, selected either by the disputing parties or by the court, investigates an issue and reports or testifies in court. The neutral fact-finding process is particularly useful for resolving complex scientific and factual disputes.
Ombuds: third party selected by an institution – for example a university, hospital, corporation or government agency – to deal with complaints by employees, clients or constituents.

text: An organizational ombudsman works within the institution to look into complaints independently and impartially.[9]

text: "Alternative" dispute resolution is usually considered to be alternative to litigation. It also can be used as a colloquialism for allowing a dispute to drop or as an alternative to violence.

text: In recent years there has been more discussion about taking a systems approach in order to offer different kinds of options to people who are in conflict, and to foster "appropriate" dispute resolution.[10]

text: That is, some cases and some complaints in fact ought to go to formal grievance or to court or to the police or to a compliance officer or to a government IG. Other conflicts could be settled by the parties if they had enough support and coaching, and yet other cases need mediation or arbitration. Thus "alternative" dispute resolution usually means a method that is not the courts. "Appropriate" dispute resolution considers all the possible responsible options for conflict resolution that are relevant for a given issue.[11]

text: ADR can increasingly be conducted online, which is known as online dispute resolution (ODR, which is mostly a buzzword and an attempt to create a distinctive product). It should be noted, however, that ODR services can be provided by government entities, and as such may form part of the litigation process. Moreover, they can be provided on a global scale, where no effective domestic remedies are available to disputing parties, as in the case of the UDRP and domain name disputes. In this respect, ODR might not satisfy the "alternative" element of ADR.

text: Benefits and disadvantages[edit]

text: ADR has several advantages over litigation:

text:
Suitable for multi-party disputes
Lower costs
Likelihood and speed of settlements
Flexibility of process
Parties' control of process
Parties' choice of forum
Practical solutions
Wider range of issues can be considered
Shared future interests may be protected
Confidentiality
Risk management

text: However, ADR less suitable than litigation when there is:

text:
A need for precedent
A need for court orders
A need for interim orders
A need for evidential rules
A need for enforcement
Power imbalance between parties
Quasi-criminal allegations
Complexity in the case

text: Modern era[edit]

text: Traditional people's mediation has always involved the parties remaining in contact for most or all of the mediation session. The innovation of separating the parties after (or sometimes before) a joint session and conducting the rest of the process without the parties in the same area was a major innovation and one that dramatically improved mediation's success rate.

text: Traditional arbitration involved heads of trade guilds or other dominant authorities settling disputes. The modern innovation was to have commercial vendors of arbitrators, often ones with little or no social or political dominance over the parties. The advantage was that such persons are much more readily available. The disadvantage is that it does not involve the community of the parties. When wool contract arbitration was conducted by senior guild officials, the arbitrator combined a seasoned expert on the subject matter with a socially dominant individual whose patronage, good will and opinion were important.

text: Private judges and summary jury trials are cost- and time-saving processes that have had limited penetration due to the alternatives becoming more robust and accepted.

text: Country-specific examples[edit]

text: Somalia-----

text:
Somalia has cultural and historic mediation and justice system known as ADR Alternative Dispute Resolution  which is informal justice system.
is a kind of justice system which the arbiter makes to listen both side of dispute and them concludes the solution and both side will accept that decision of the mediator person.

Ahmed Mohamed Abdullahi.

text: Roman Empire[edit]

text: Latin has a number of terms for mediator that predate the Roman Empire. Any time there are formal adjudicative processes it appears that there are informal ones as well. It is probably fruitless to attempt to determine which group had mediation first.

text: Iceland[edit]

text: Njáls saga is an Icelandic story of a mediator who was so successful that he eventually threatened the local power structure. It ends in tragedy with the unlawful burning of Njal alive in his home, the escape of a friend of the family, a mini-war and the eventual ending of the dispute by the intermarriage of the two strongest survivors. It illustrates that mediation was a powerful process in Iceland.

text: India[edit]

text: Alternative dispute resolution in India is not new and it was in existence even under the previous Arbitration Act, 1940. The Arbitration and Conciliation Act, 1996 has been enacted to accommodate the harmonisation mandates of UNCITRAL Model. To streamline the Indian legal system the traditional civil law known as Code of Civil Procedure, (CPC) 1908 has also been amended and section 89 has been introduced. Section 89 (1) of CPC provides an option for the settlement of disputes outside the court. It provides that where it appears to the court that there exist elements, which may be acceptable to the parties, the court may formulate the terms of a possible settlement and refer the same for arbitration, conciliation, mediation or judicial settlement.

text: Due to extremely slow judicial process, there has been a big thrust on Alternate Dispute Resolution mechanisms in India. While Arbitration and Conciliation Act, 1996 is a fairly standard western approach towards ADR, the Lok Adalat system constituted under National Legal Services Authority Act, 1987 is a uniquely Indian approach.

text: A study on commercial dispute resolution in south India has been done by a think tank organization based in Kochi, Centre for Public Policy Research. The study reveals that the Court-annexed Mediation Centre in Bangalore has a success rate of 64%, and its counterpart in Kerala has an average success rate of 27.7%. Further, amongst the three southern states (Karnataka, Tamil Nadu, and Kerala), Tamil Nadu is said to have the highest adoption of dispute resolution, Kerala the least.[12]

text: Arbitration and Conciliation Act, 1996[edit]

text: Part I of this act formalizes the process of Arbitration and Part III formalizes the process of Conciliation. (Part II is about Enforcement of Foreign Awards under New York and Geneva Conventions.)

text: Arbitration[edit]

text: The process of arbitration can start only if there exists a valid Arbitration Agreement between the parties prior to the emergence of the dispute. As per Section 7, such an agreement must be in writing. The contract regarding which the dispute exists, must either contain an arbitration clause or must refer to a separate document signed by the parties containing the arbitration agreement. The existence of an arbitration agreement can also be inferred by written correspondence such as letters, telex, or telegrams which provide a record of the agreement. An exchange of statement of claim and defense in which existence of an arbitration agreement is alleged by one party and not denied by other is also considered as valid written arbitration agreement.

text: Any party to the dispute can start the process of appointing arbitrator and if the other party does not cooperate, the party can approach the office of Chief Justice for appointment of an arbitrator. There are only two grounds upon which a party can challenge the appointment of an arbitrator – reasonable doubt in the impartiality of the arbitrator and the lack of proper qualification of the arbitrator as required by the arbitration agreement. A sole arbitrator or a panel of arbitrators so appointed constitute the Arbitration Tribunal.

text: Except for some interim measures, there is very little scope for judicial intervention in the arbitration process. The arbitration tribunal has jurisdiction over its own jurisdiction. Thus, if a party wants to challenge the jurisdiction of the arbitration tribunal, it can do so only before the tribunal itself. If the tribunal rejects the request, there is little the party can do except to approach a court after the tribunal makes an award. Section 34 provides certain grounds upon which a party can appeal to the principal civil court of original jurisdiction for setting aside the award.

text: The period for filing an appeal for setting aside an award is over, or if such an appeal is rejected, the award is binding on the parties and is considered as a decree of the court.

text: Conciliation[edit]

text: Conciliation is a less formal form of arbitration. This process does not require an existence of any prior agreement. Any party can request the other party to appoint a conciliator. One conciliator is preferred but two or three are also allowed. In case of multiple conciliators, all must act jointly. If a party rejects an offer to conciliate, there can be no conciliation.

text: Parties may submit statements to the conciliator describing the general nature of the dispute and the points at issue. Each party sends a copy of the statement to the other. The conciliator may request further details, may ask to meet the parties, or communicate with the parties orally or in writing. Parties may even submit suggestions for the settlement of the dispute to the conciliator.

text: When it appears to the conciliator that elements of settlement exist, he may draw up the terms of settlement and send it to the parties for their acceptance. If both the parties sign the settlement document, it shall be final and binding on both.

text: Note that in the US, this process is similar to mediation. However, in India, mediation is different from conciliation and is a completely informal type of ADR mechanism.

text: Lok Adalat[edit]

text: Etymologically, Lok Adalat means "people's court". India has had a long history of resolving disputes through the mediation of village elders. The current system of Lok Adalats is an improvement on that and is based on Gandhian principles. This is a non-adversarial system, whereby mock courts (called Lok Adalats) are held by the State Authority, District Authority, Supreme Court Legal Services Committee, High Court Legal Services Committee, or Taluk Legal Services Committee, periodically for exercising such jurisdiction as they thinks fit. These are usually presided by retired judge, social activists, or members of legal profession. It does not have jurisdiction on matters related to non-compoundable offences.

text: While in regular suits, the plaintiff is required to pay the prescribed court fee, in Lok Adalat, there is no court fee and no rigid procedural requirement (i.e. no need to follow process given by [Indian] Civil Procedure Code or Indian Evidence Act), which makes the process very fast. Parties can directly interact with the judge, which is not possible in regular courts.

text: Cases that are pending in regular courts can be transferred to a Lok Adalat if both the parties agree. A case can also be transferred to a Lok Adalat if one party applies to the court and the court sees some chance of settlement after giving an opportunity of being heard to the other party.

text: The focus in Lok Adalats is on compromise. When no compromise is reached, the matter goes back to the court. However, if a compromise is reached, an award is made and is binding on the parties. It is enforced as a decree of a civil court. An important aspect is that the award is final and cannot be appealed, not even under Article 226 of the Constitution of India [which empowers the litigants to file Writ Petition before High Courts] because it is a judgement by consent.

text: All proceedings of a Lok Adalat are deemed to be judicial proceedings and every Lok Adalat is deemed to be a Civil Court.

text: Permanent Lok Adalat for public utility services[edit]

text: In order to get over the major drawback in the existing scheme of organisation of Lok Adalats under Chapter VI of the Legal Services Authorities Act 1987, in which if the parties do not arrive at any compromise or settlement, the unsettled case is either returned to the back to the court or the parties are advised to seek remedy in a court of law, which causes unnecessary delay in dispensation of justice, Chapter VI A was introduced in the Legal Services Authorities Act, 1987, by Act No.37/2002 with effect from 11-06-2002 providing for a Permanent Lok Adalat to deal with pre-litigation, conciliation and settlement of disputes relating to Public Utility Services, as defined u/sec.22 A of the Legal Services Authorities Act, 1987, at pre-litigation stage itself, which would result in reducing the work load of the regular courts to a great extent. Permanent Lok Adalat for Public Utility Services, Hyderabad, India

text: The Lok Adalat is presided over by a sitting or retired judicial officer as the chairman, with two other members, usually a lawyer and a social worker. There is no court fee. If the case is already filed in the regular court, the fee paid will be refunded if the dispute is settled at the Lok Adalat. The procedural laws, and the Evidence Act are not strictly followed while assessing the merits of the claim by the Lok Adalat.

text: Main condition of the Lok Adalat is that both parties in dispute should agree for settlement. The decision of the Lok Adalat is binding on the parties to the dispute and its order is capable of execution through legal process. No appeal lies against the order of the Lok Adalat.

text: Lok Adalat is very effective in settlement of money claims. Disputes like partition suits, damages and matrimonial cases can also be easily settled before Lok Adalat as the scope for compromise through an approach of give and take is high in these cases.

text: Lok Adalat is a boon to the litigant public, where they can get their disputes settled fast and free of cost.

text: Pakistan[edit]

text: The relevant laws (or parlour provisions) dealing with the ADR are summarised as under:

text:
S.89-A of the Civil Procedure Code, 1908 (Indian but amended in 2002) read with Order X Rule 1-A (deals with alternative dispute resolution methods).
The Small Claims and Minor Offences Courts Ordinance, 2002.
Sections 102–106 of the Local Government Ordinance, 2001.
Sections 10 and 12 of the Family Courts Act, 1964.
Chapter XXII of the Code of Criminal Procedure, 1898 (summary trial provisions).
The Arbitration Act, 1940 (Indian).
Articles 153–154 of the Constitution of Pakistan, 1973 (Council of Common Interest)
Article 156 of the Constitution of Pakistan, 1973 (National Economic Council)
Article 160 of the Constitution of Pakistan, 1973 (National Finance Commission)
Article 184 of the Constitution of Pakistan, 1973 (Original Jurisdiction when federal or provincial governments are at dispute with one another)
Arbitration (International Investment Disputes) Act, 2011
Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011

text: Sub-Saharan Africa[edit]

text: Before modern state law was introduced under colonialism, African customary legal systems mainly relied on mediation and conciliation. In many countries, these traditional mechanisms have been integrated into the official legal system. In Benin, specialised tribunaux de conciliation hear cases on a broad range of civil law matters. Results are then transmitted to the court of first instance where either a successful conciliation is confirmed or jurisdiction is assumed by the higher court. Similar tribunals also operate, in varying modes, in other francophone African countries.[13]

text: United Kingdom[edit]

text: In the United Kingdom, ADR is encouraged as a mean of resolving taxpayers' disputes with Her Majesty's Revenue and Customs.[14]

text: In the regulated sectors, finance, telecoms and energy ADR providers exist. Outside of the regulated areas there are schemes in many sectors which provide schemes for voluntary membership. Two sets of regulations, in March and June 2015, were laid in Parliament to implement the European Directive on alternative dispute resolution in the UK.

text: U.S. Navy[edit]

text: SECNAVINST 5800.13A established the DON ADR Program Office with the following missions:

text:
Coordinate ADR policy and initiatives;
Assist activities in securing or creating cost effective ADR techniques or local programs;
Promote the use of ADR, and provide training in negotiation and ADR methods;
Serve as legal counsel for in-house neutrals used on ADR matters; and,
For matters that do not use in-house neutrals, the program assists DON attorneys and other representatives concerning issues in controversy that are amenable to using ADR.

text: The ADR Office also serves as the point of contact for questions regarding the use of ADR. The Assistant General Counsel (ADR) serves as the "Dispute Resolution Specialist" for the DON, as required by the Administrative Dispute Resolution Act of 1996. Members of the office represent the DON’s interests on a variety of DoD and interagency working groups that promote the use of ADR within the Federal Government.

text: Additional resources[edit]

text: Cardozo School of Law's Kukin Program for Conflict Resolution[edit]

text: Cardozo School of Law's Kukin Program for Conflict Resolution is the seventh ranked alternative dispute resolution program in the country[citation needed].  The program includes: courses in negotiation, mediation, arbitration and dispute resolution processes; out-of-the-classroom-applied learning and scholarship in Cardozo’s Mediation Clinic and Securities Arbitration Clinic; the Cardozo Journal of Conflict Resolution, a student-run triannual publication; the Cardozo Dispute Resolution Society; and a Certificate in Dispute Resolution, awarded to J.D. students who complete coursework, writing and service requirements. LL.M. students can also receive an LL.M. in Dispute Resolution and Advocacy.[15]

text: Cornell University's Scheinman Institute on Conflict Resolution[edit]

text: Cornell's ILR School has joined forces with Cornell's Law School to present the country's most comprehensive conflict resolution program focusing on workplace alternative dispute resolution (ADR). The Martin and Laurie Scheinman Institute on Conflict Resolution mission is to educate the next generation of neutrals – arbitrators, mediators and facilitators – who can help resolve disputes between employers and employees, both unionized and non-unionized. The Institute provides training for undergraduate and graduate students, consultation and evaluation, and conducts research. It also offers courses in two- to five-day sessions designed for professionals who are interested in or practicing in the workplace dispute resolution field. These highly intensive and participatory courses are coordinated by Cornell ILR faculty and are held in the ILR School's conference center in Manhattan and on the Ithaca campus. Participants can earn two certificates, Workplace Alternative Dispute Resolution and Conflict Management and Labor Arbitration.

text: Fordham Law School's Dispute Resolution Program[edit]

text: Fordham Law School’s Dispute Resolution program placed in the top 10 of U.S. News & World Report's 2008 rankings of the best Dispute Resolution programs in the nation, according to the recently released rankings. Along with Fordham's Clinical Training program, the Dispute Resolution program is the top-ranked specialty program at Fordham Law School. The Alternative Dispute Resolution program at Fordham combines an integrated agenda of teaching, scholarship, and practice in conflict resolution within the national and international communities. In addition to the classroom and clinical experience, the law school's student-run Dispute Resolution Society competes in ABA-sponsored interschool competitions as well as international mediation and arbitration competitions. In 2008 the Society's teams won the ABA Regional Negotiation Competition, placed third overall in the International Chamber of Commerce Commercial Mediation Competition in Paris, and reached the semifinals of the Willem C. Vis (East) International Commercial Arbitration Competition in Hong Kong. Additionally, Fordham's Dispute Resolution Society hosts an annual symposium on current Dispute Resolution topics and also teaches a class on dispute resolution skills to seniors at the Martin Luther King, Jr. High School in New York City.

text: Harvard Program on Negotiation[edit]

text: "The [Harvard] Program on Negotiation (PON) is a university consortium dedicated to developing the theory and practice of negotiation and dispute resolution. As a community of scholars and practitioners, PON serves a unique role in the world negotiation community. Founded in 1983 as a special research project at Harvard Law School, PON includes faculty, students, and staff from Harvard University, Massachusetts Institute of Technology and Tufts University."[16] Harvard currently offers 12-week courses on negotiation and mediation for participants from all disciplines and professions as well as weekend seminars taught by their professors. The Harvard PON program is currently ranked #3 falling from #2 last year according to the U.S. World and News Report, and has also remained among the top 10 schools over the last decade.[17]

text: Straus Institute for Dispute Resolution[edit]

text: Pepperdine University School of Law’s Straus Institute for Dispute Resolution[18] provides professional training and academic programs in dispute resolution including a Certificate, Masters in Dispute Resolution (MDR) and Masters of Law in Dispute Resolution (LLM). Straus provides education to law and graduate students, as well as mid-career professionals in areas of mediation, negotiation, arbitration, international dispute resolution and peacemaking.[19] The Straus Institute is ranked the number one dispute resolution school in the nation by US News and World Report.[20]

text: CUNY Dispute Resolution Consortium[edit]

text: The City University of New York Dispute Resolution Consortium (CUNY DRC) serves as an intellectual home to dispute-resolution faculty, staff and students at the City University of New York and to the diverse dispute-resolution community in New York City. At the United States' largest urban university system, the CUNY DRC has become a focal point for furthering academic and applied conflict resolution work in one of the world's most diverse cities. The CUNY DRC conducts research and innovative program development, has co-organized countless conferences, sponsored training programs, resolved a wide range of intractable conflicts, published research working papers and a newsletter. It also maintains an extensive database of those interested in dispute resolution in New York City, a website with resources for dispute resolvers in New York City and since 9/11, the CUNY DRC assumed a leadership role for dispute-resolvers in New York City by establishing an extensive electronic mailing list, sponsoring monthly breakfast meetings, conducting research on responses to catastrophes, and managing a public awareness initiative to further the work of dispute resolvers.

text: CPR Institute for Dispute Resolution[edit]

text: The International Institute for Conflict Prevention and Resolution, known as the CPR Institute, is a New York City membership-based nonprofit organization that "promotes excellence and innovation in public and private dispute resolution".[21] To this end, it serves as a "primary multinational resource for avoidance, management, and resolution of business-related disputes".[21]

text: The CPR Institute was founded in 1979 as the Center for Public Resources by a coalition of leading corporate general counsel dedicated to identifying and applying appropriate alternative solutions to business disputes, thereby mitigating the extraordinary costs of lengthy court trials. Today, the CPR Institute is a nonprofit educational corporation existing under the New York state laws, and is tax exempt pursuant to Section 501(c)(3) of the U.S. Internal Revenue Code. It is governed by a board of directors, and its priorities and policies are guided in large part by consultation with an executive advisory committee. Its funding is primarily derived from the annual contributions of its member organizations, and from its mission-related programming. The various operations and activities that fulfill the Institute’s mission are captured in the acronym of its name:

text: ICAR[edit]

text: Established at George Mason as an alternative to a sociology program due to Virginia's then policy against duplicating graduate schools, it was the nation's first major dispute resolution graduate program. It has been a major success.[citation needed]


document_title: Box-spring

question_text: what is a box spring called in the uk

question_tokens: what is a box spring called in the uk

root

text: Box-spring

text: This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (March 2013) (Learn how and when to remove this template message)

tag: table

text: A box-spring (or divan in some countries) is a type of bed base typically consisting of a sturdy wooden frame covered in cloth and containing springs. Usually the box-spring is placed on top of a wooden or metal bedframe that sits on the floor and acts as a brace, except in the UK where the divan is more often fitted with small casters. The box-spring is usually the same size as the much softer mattress that is placed on it. Working together, the box-spring and mattress (with optional bed frame) make up a bed. It is common to find a box-spring and mattress being used together without the support of a frame underneath, the box spring being mounted directly on casters standing on the floor.

tag: p

text: The purpose of the box-spring is threefold:

text:
to raise the mattress's height, making it easier to get in and out of bed;
to absorb shock and reduce wear to the mattress; and
to create a flat and firm structure for the mattress to lie upon.

tag: ul

text: The first rectangular spring-cushioned wire frames to support mattresses did not have wood rims or cloth covers.  These were called bedsprings. More and more box-springs are being made out of wood, then covered in fabrics. Wood makes a better support system for the newer memory foam and latex mattresses. The newest design in box-springs is the folding box spring made of wood or metal, then covered in fabric which can fold in half and can be sent by shipping and courier companies.[1]

text: With the increasing height of mattresses, manufacturers now make box springs in different heights so that the mattress and box spring pair maintain a standard height.  Standard "high profile" box springs are 9 inches (23 cm) in height, whereas "low profile" box springs are between 5 and 5.5 inches (13 and 14 cm). Changing the thickness of the box spring and mattress require revisions to the mattress and box spring coil stiffness.  This is often why box spring and mattress are matched and sold in pairs.

text: Alternatives[edit]

text: Box-spring beds are especially popular in North America and Western Europe.

text: Alternatively, in Japan, futon mattresses are usually either placed on a bedframe or on the floor, without the use of springs.

text:
In Europe, wooden frames with a middle section consisting of springs held in place by wire (to be put into the wooden bedframe as a unit) used to be the standard for most of the 20th century.
The springs have mostly been replaced by pre-bent wooden slats (usually glulam made from beech or birch) which are joined to the outer wooden frame by some form of flexible rubber bolt, shoe or socket. This lath floor provides suspension, allows the mattress to ventilate, and can be designed to be vertically adjustable in order to elevate the legs and / or the torso.
A more simple approach is to join straight laths with a textile strap so that they can be rolled up for transport and placed right into the bedframe.

text: Wikimedia Commons has media related to Box-spring.


document_title: Publishers Clearing House

question_text: where does publishers clearing house get their funding

text: Publishers Clearing House

text: History[edit]

text: Early history[edit]

text: Publishers Clearing House was founded in 1953 in Port Washington, New York, by Harold Mertz,[4][5] a former manager of a door-to-door sales team for magazine subscriptions.[6] The company started in Mertz's basement with help from his wife LuEsther and daughter Joyce.[7][8] Its first mailings were of 10,000 envelopes from Mertz's home in Long Island, New York, and offered 20 magazine subscriptions. 100 orders were received. Within a few years the company moved out of Mertz's basement into an office building and started hiring staff. When PCH moved its headquarters in 1969, its prior location was donated to the city and renamed the Harold E. Mertz community center.[8] The company revenue had grown to US$50 million by 1981, and $100 million by 1988.[6]

text: In 1967 PCH started its first sweepstakes as a way to increase subscription sales,[9] based on the sweepstakes held by Reader's Digest.[4] The first prizes ranged from 25 cents to $10 and entrants had a 1 in 10 chance of winning. After the sweepstakes increased response rates to mailings, prizes of[8] $5,000[6] and eventually $250,000 were offered.[10] PCH began advertising the sweepstakes on TV in 1974.[7][11] It was the only major multi-magazine subscription business until 1977. Former client Time Inc. and several other publishers formed American Family Publishers (AFP) to compete with PCH after the company refused repeated requests by Time for a larger share of sales revenue from magazine subscriptions.[4][8]

text: AFP and PCH competed for exclusive rights to magazines and for the better promotion and prize ideas. When AFP increased their jackpot to $1 million,[10] then to $10 million in 1985, PCH raised its prizes to match.[4] $7 million in prizes were distributed by 1979,[12] $40 million by 1991[5] and $137 million by 2000.[9] In 1989 two members of its advertising team, Dave Sayer and Todd Sloane, started the Prize Patrol, a publicized event where winners are surprised with a check at their home. The idea was inspired by the 1950s television series "The Millionaire".[4][13][14]

text: In 1992 thousands of discarded sweepstakes entries from contestants who had not bought magazine subscriptions were found in the trash by city employees,[4][15] reinforcing beliefs that the company favored those who made purchases in selecting a sweepstakes winner.[4] PCH said this was done by a disgruntled employee at their mail processing vendor.[8] A class action ensued, which PCH settled by giving discarded entrants a second chance to win.[4][15][16]

text: Government regulation[edit]

text: In the 1990s PCH and its primary competitor, AFP, experienced a series of legal troubles due to concerns that their mailings misled consumers about their odds of winning and implied that magazine purchases increased their chances.[4][10] This led to the Deceptive Mail Prevention and Enforcement Act of 2000, which regulates direct mail businesses.[4] At the senate hearings regarding this Act, PCH said most consumers were not confused about their chances of winning or that purchases did not increase their chances. The company said less than five percent of participants spend more than $300.[8] Government officials from California said 5,000 local consumers paid more than $2,500 each in magazine purchases under the false belief that they were increasing their odds of winning the sweepstakes.[17]

text: Industry sources estimated PCH's response rates decreased by 7-12 percent and its sales volume by 22 to 30 percent in response to the bad publicity from the lawsuits.[6][18] In 2000, PCH laid off a quarter of its 800-person work force.[18]

text: Lawsuits[edit]

text: In 1994 PCH sent mailings telling recipients they were all "finalists", which led to[10] a lawsuit involving the attorneys general of 14 US states.[19][20][21] Later that year, PCH denied wrongdoing, but agreed to pay a settlement of $490,000 and to change their practices.[20] Under the agreement, PCH said it would define terms like "finalist" and disclose the chances of winning.[22]

text: In 1997, a contestant of competitor AFP flew to Tampa, Florida, thinking he had won, though he had not. The resulting publicity caused more lawsuits for both companies.[6] PCH reached a $30 million national settlement in 1999.[8][23] In 2000, another $18 million settlement was reached with 24 states, after the company sent mass mailings that said "You are a winner!" and used mock personalized checks.[17][24] PCH agreed to avoid similar mailings in the future, and add a "sweepstakes fact box" to mailings.[17][24]

text: State attorneys spoke out against the national settlement from 2000 and additional lawsuits were filed by individual states.[8] Another $34 million settlement was reached in 2001 in a lawsuit involving 25 states.[1][25] As part of the settlement, PCH was required to avoid terms like "Guaranteed Winner," add disclaimers to mailings saying that the recipient has not won and that purchasing merchandise won't increase their chances.[26][25][27] PCH reached settlements with all fifty states and agreed to work with a "compliance counsel."[6] PCH apologized in the settlement and said it would contact customers who had spent more than $1,000 on merchandise the prior year".[27]

text: PCH also reached an agreement with Iowa in 2007.[28] In 2010 the company paid $3.5 million to the Attorneys General of 32 states and the District of Columbia to settle possible contempt charges that it had violated the terms of the 2001 agreement. The company denied wrongdoing, but agreed to work with both an ombudsperson and a compliance counsel who would review its mailings quarterly.[29][30][31][32]

text: In April 2014, an investigation by the Senate Special Committee on Aging concluded that PCH had "pushed the limits" of prior agreements and that additional legislation may be needed.[33]

text: Online development[edit]

text: PCH began selling merchandise in 1985[7] with two products. After a Hershey's Chocolate Cookbook and a diet cookbook sold more than other products, the company began expanding into jewelry, media, collectibles, household products and others.[8] The company also shifted its focus online.[1][34] It began selling magazine subscriptions and merchandise on PCH.com in 1996.[35] In 2006, it acquired Blingo Inc., an ad-supported metasearch engine that was later re-branded as PCH Search and Win.[13][36] PCH ran contests on Twitter, Facebook and Myspace. iPhone apps for slot games and trivia were developed. The company created online play-and-win sites like PCH Games (formerly Candystand) and PCHQuiz4Cash, with air-hockey and video poker games.[1]

text: In December 2010, PCH acquired Funtank and its online gaming site Candystand.com.[37] In 2011, PCH promoted a "$5,000 every week for life" sweepstakes in TV ads and the front page of AOL.com.[11][26] The following year the company acquired a mobile marketing company, Liquid Wireless.[38] The company utilized, then stopped then started again utilizing coregistration (through other websites) to expand its customer base.[39]

text: In 2008, a PCH spokesperson said the digital properties were intended to attract younger consumers. By 2013, the internet had become PCH's primary channel of interaction with consumers.[7] The New York Times described the digital transition as "part of an overall effort to collect information on Web users, show them advertisements and use the registration information for PCH’s mailing lists."[1]

text: Products[edit]

text: PCH is a direct-marketing company that sells merchandise, magazine subscriptions and operates several prize-based websites.[11] While best known for the sweepstakes and Prize Patrol it uses to promote its magazine subscriptions,[1][13][35] the majority of the company's revenue now comes from merchandise.[11] The company has been selling books, media, jewelry and other consumer items[4] since the 1980s.[8] PCH operates eight websites, including PCH Search and Win, PCH Lotto, PCH Games, PCH Save and Win, and Candystand.[1][11]

text: The company also sells magazine subscriptions at a discount and advertises subscriptions along with its sweepstakes.[40] It's estimated that companies like PCH keep 75-90 percent of the fees from the original subscription, while publishers use the increased distribution to improve circulation numbers and revenue from renewals.[10][41] PCH popularized the idea of using sweepstakes to sell magazine subscriptions in the direct-marketing market and became known by detractors as a producer of junk-mail for advertising through mass-mailings.[5][40] Documents filed with the New York State Department in 1993 said that year the company mailed 220 million envelopes. Frequent buyers can receive 30-40 mailings a year.[42]

text: Sweepstakes[edit]

text: Although PCH advertises its sweepstakes along with magazine subscriptions, no purchase is necessary to enter or win.[10][42][43] In 1995, PCH began the tradition of announcing winners of its $10 million prize just after the Super Bowl.[44] As of 2012, $225 million in prizes have been distributed.[8] Some of its larger prizes are for $5,000 a week for life,[45] or $10 million.[46] Prizes can also range from $1 Amazon gift cards to $2,500, $1 million or $3 million.[47] The larger cash prizes are paid in installments, typically with a balloon payment at 30 years,[48] reducing the present value of prizes to much less than their nominal values.

text: Sweepstakes scammers often pose as being from Publishers Clearing House and say that a cash payment is needed before they can deliver a prize.[49] According to Chris Irving from PCH "If you are contacted by anyone claiming to represent Publishers Clearing House and they request payment of any amount to collect a prize, do not send any money... You have not heard from the real Publishers Clearing House."[50][51]

text: Odds of Winning[edit]

text: The odds of winning a PCH sweepstakes vary depending on the number of entries and what prize or sweepstakes is involved.[47] According to the official rules, the estimated odds of winning the $1 million a year forever are one in 1.3 billion.[52] As of 2017, the odds of winning $15 million in Giveaway 8800 are 1 in 2.4 billion.[53] Smaller prizes have better odds that may vary from one in 223 to one in 80,000, depending on the prize.[47]

text: Prize Patrol[edit]

text: The Prize Patrol surprises sweepstakes winners at their homes, work or other locations with cash prizes and captures the event on video.[7] Since their introduction in 1989, these reality TV-style videos of prize-winners surprised at their doorstep with checks for $1,000 to $10 million have been used in widely broadcast television commercials, and, more recently, in the company's online acquisition efforts, websites and social media communications.[7][11][26][54] In 2013, a $5 million television campaign modified the traditional prize patrol commercial by digitally altering video from classic sitcoms like The Brady Bunch and Gilligan's Island to show the prize patrol visiting characters in the show.[54]

text: The Prize Patrol has made in-person appearances or delivered prizes on TV programs such as The Oprah Winfrey Show[55] and The Price Is Right.[56][57] Their surprise winning moments have been spoofed by Jay Leno,[58] Conan O'Brien[59] and the cast of Saturday Night Live;[60] woven into the plots of movies such as Let's Go to Prison,[61][62] The Sentinel[63] and Knight and Day;[64][65] and the subject of cartoons.[8]