Culmination of Law

Culmination of Law

Identifying and Extracting Challenges and Obstacles in the Implementation of Alternative Dispute Resolution Methods: A Systematic Literature Review

Document Type : Original Article

Authors
Hossein Ghanbari 1
Mohammad Rezaei Jozani 2
Reza Aalikhani 3
Mahdi Abdolhamid 4
1 Master's student in Industrial Engineering, Faculty of Industrial Engineering, Iran University of Science and Technology, Tehran, Iran
2 BA in Law,, Faculty of Islamic Studies and Law, Imam Sadegh University, Tehran, Iran
3 PhD student in Industrial Engineering, Faculty of Industrial Engineering, Iran University of Science and Technology, Tehran, Iran
4 Assistant Professor, Faculty of Management, Economics and Advanced Engineering, Iran University of Science and Technology, Tehran, IranTehran, Iran
10.22034/thdad.2024.560469.2250
Abstract
Objective: Alternative dispute resolution has attracted the attention of many countries as a basic method to reduce cases entering the courts and increase peace and reconciliation, but implementation has always been plagued by numerous problems, so in some cases, not only has it not reduced the number of cases but has also complicated the case. While there are various problems associated with the implementation of alternative dispute resolution methods, no comprehensive and systematic study has been conducted to address them. To that end, this study used a systematic literature review to identify challenges and obstacles in the implementation of alternative dispute resolution methods.
Methodology: Searching the Web of Science database for studies related to the research question led to 288 sources of scientific publications. By screening the studies, 193 studies were selected based on the appropriateness of their titles, and in the next stage, the abstract, introduction, and conclusion of the selected studies were examined to determine whether they were relevant to the field. After removing unrelated articles, 94 articles were left, and finally, all the text of the remaining articles was reviewed to ensure the selection of sources pertinent to the topic under review, leading to the selection of 57 articles. Through systematic literature review, this study has discovered and integrated knowledge related to obstacles and challenges of implementing alternative dispute resolution methods like dispute resolution councils and similar organizations at an international level.
Result: by examining 57 filtered studies, 88 pieces of evidence were extracted from 33 sources, while no evidence was discovered from 24 others. In order to create a comprehensive view of this evidences, the combination of extracted pieces of evidence led to 2 groups of user problems and system problems, as well as 15 themes of factors.
Keywords
Alternative Dispute Resolution
Identification and Extraction
Challenges and Obstacles
Systematic Literature Review

Subjects

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Culmination of Law
Volume 10, Issue 3
Winter 2025
Pages 319-351