Description of Subtheme:
This comprehensive subtheme delves into the procedural regulations governing civil litigation, particularly within the realm of civil procedural law. Encompassing the entire spectrum of rules guiding civil procedures, it begins with the initiation of proceedings, delineates issues for trial, and extends to the enforcement of judgments.
In parallel, the subtheme explores Alternative Dispute resolution (ADR) methods, analyzing diverse models aimed at identifying and resolving disputes beyond the courtroom. Through the examination of strategies such as mediation, conciliation, and arbitration, it seeks to uncover rational and practical techniques for transforming conflicts outside traditional legal channels.
The topic of dispute resolution, particularly the role of the judiciary system and Alternative dispute resolution (ADR) methods can be linked to several of the Sustainable Development Goals (SDGs) as these goals aim to promote peace, justice, and strong institutions. SDG 16 specifically targets "Peace, Justice, and Strong Institutions" and calls for the promotion of peaceful and inclusive societies where justice is available to all. This goal focuses on supporting the development of effective, accountable, and inclusive institutions, including judicial institutions, that can provide access to justice for all while ensuring equal and fair treatment for all members of society.
Moreover, ADR methods have been recognized as a critical component of providing justice access to individuals, especially those who are marginalized, rural, or disadvantaged. Mediation and arbitration can provide faster, more affordable, and more informal ways of resolving conflicts outside of the formal judicial process. This approach is in line with SDG 10, reducing inequalities, as it seeks to ensure that all individuals have equal access to justice.
The research action plan could involve investigating the effectiveness of the judicial system and ADR methods in ensuring access to justice and promoting peace and strong institutions. The research may explore the advantages and disadvantages of different dispute resolution methods, their costs, accessibility, the legal and regulatory frameworks that govern these methods, and their capacity to address the needs of marginalized individuals or groups. The results of such research could be used to improve dispute resolution mechanisms, legal and regulatory frameworks, training programs for justice professionals, and justice service provision, all of which would contribute to achieving the SDGs.
Prominent Research:
Associate Professor, Dr. Tala Zein’s Relevant publications are the following:
July 2022 “ Virtual hearings”- Journal of legal studies-BAU
Forthcoming 2023 “Enforceability of the emergency arbitrator decisions” - Journal
of legal Studies-BAU