Competing constraints in alternative dispute resolution

1996 ◽  
Vol 19 (2) ◽  
pp. 79-114 ◽  
Author(s):  
Calvin D. Smith
Keyword(s):  
Dispute Resolution ◽  
Rapid Growth ◽  
Alternative Dispute Resolution ◽  
Preliminary Analysis ◽  
The Other ◽  
Mediation Process ◽  
Other Hand ◽  
Community Justice ◽  
Justice Program ◽  
The One

Despite rapid growth in the provision of alternative dispute resolution services by governments, little sociological attention has been paid to the emerging form these services take. In this paper I offer a preliminary analysis of mediations conducted by the Community Justice Program in Queensland. I focus on the interactional management of two competing constraints on the talk. On the one hand mediation services must provide an accountably standardised and recognisable process. This creates the need for formalisation of the mediation process. On the other hand, because of philosophical commitments to disputant control over the dispute and its outcome, Community Justice Program mediations must be conducted in such a way as to display this commitment to disputant control and authority in the proceedings. This creates a conflicting need for displays of informality. This paper focuses on some strategies which appear to be designed to achieve this mix of formality and informality in Community Justice Program mediations.

Timber

2018 ◽  
Author(s):  
Christine Cheng
Keyword(s):  
Civil War ◽  
Dispute Resolution ◽  
Charles Taylor ◽  
The Other ◽  
Other Hand ◽  
Forestry Sector ◽  
The Government ◽  
The One ◽  
Timber Market

During the civil war, Liberia’s forestry sector rose to prominence as Charles Taylor traded timber for arms. When the war ended, the UN’s timber sanctions remained in effect, reinforced by the Forestry Development Authority’s (FDA) domestic ban on logging. As Liberians waited for UN timber sanctions to be lifted, a burgeoning domestic timber market developed. This demand was met by artisanal loggers, more commonly referred to as pit sawyers. Out of this illicit economy emerged the Nezoun Group to provide local dispute resolution between the FDA’s tax collectors and ex-combatant pit sawyers. The Nezoun Group posed a dilemma for the government. On the one hand, the regulatory efforts of the Nezoun Group helped the FDA to tax an activity that it had banned. On the other hand, the state’s inability to contain the operations of the Nezoun Group—in open contravention of Liberian laws—highlighted the government’s capacity problems.

scholarly journals Złożenie skargi przez konsumenta za pośrednictwem ODR (Online Dispute Resolution) – internetowego systemu rozstrzygania sporów

2019 ◽  
Vol 17 (1) ◽  
pp. 183-194
Author(s):  
Anna Rogacka-Łukasik
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
The Other ◽  
Online Dispute Resolution ◽  
Other Hand ◽  
Resolution System ◽  
Wide Range ◽  
Technical Innovations ◽  
Modern Form ◽  
Dispute Resolution System

ADR (Alternative Dispute Resolution), as a non-judicial resolution of disputes, is a wide range of mechanisms that aim to put an end to a conflict without the need of conducting a trial before the court. On the other hand, the modern form of ADR is ODR (Online Dispute Resolution) – an online dispute resolution system that is the expression of the newest means of communication and technical innovations in order to help in non-judicial dispute resolving. The goal of this publication is to present the ODR platform and, in particular, to describe the process of filing a complaint by the consumer by means of it.

6 Expedited Proceedings: (SIAC RULE 5)

2018 ◽  
Author(s):  
Choong John
Keyword(s):  
Dispute Resolution ◽  
Cost Efficiency ◽  
The Other ◽  
International Arbitration ◽  
Perceived Need ◽  
The Core ◽  
Other Hand ◽  
Cost Efficient ◽  
The One

One of the criticisms against international arbitration is its occasional failure to live up to its potential for the expeditious resolution of disputes. Indeed, there is a tension at the core of modern international arbitration. On the one hand, parties seek speedy, cost-efficient, and final dispute resolution; while on the other hand, the absence of an appeal mechanism for arbitral awards generates a perceived need for exhaustive analysis of every fact and conceivable argument and for the retention of the ‘best’ (and therefore the busiest) lawyers and arbitrators, creating an attendant risk of ever-longer and more expensive arbitration proceedings. This chapter discusses the SIAC's rules designed to achieve expedition and cost-efficiency in all cases. These include Rule 5.1 on circumstances in which the expedited procedure may be appropriate, and Rule 5.2 covering the SIAC expedited procedure.

scholarly journals The world’s biggest hotel companies. Old trends and new tendencies

2015 ◽  
Vol 19 (4) ◽  
pp. 26-33
Author(s):  
Andrzej Kowalczyk
Keyword(s):  
Rapid Growth ◽  
The Other ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Other Hand ◽  
History Of ◽  
Hotel Chains ◽  
The One

Abstract Many hotels are owned by a few dozen so-called hotel chains or hotel systems. The rapid growth of big hotel companies can be regarded as proof of the entrance of hotel systems into the globalisation phase. Since 2006, companies from the People’s Republic of China (PRC) have been among the world’s top hotel systems. This year can be considered as the symbolic beginning of a new stage in the history of the largest hotel systems. This paper shows two main trends. On the one hand, the processes that could be observed in the market of the major global hotel systems from the 1990s are still discernible (for example, the position of the so-called hotel megasystems). On the other hand, new trends have come to the fore in recent years, notably the emergence of systems from the People’s Republic of China among the world’s largest hotel systems.

Organizational Conflict Resolution and Strategic Choice: Evidence from a Survey of Fortune 1000 Firms

ILR Review ◽  
2019 ◽  
Vol 73 (2) ◽  
pp. 431-455 ◽  
Author(s):  
David B. Lipsky ◽  
Ariel C. Avgar ◽  
J. Ryan Lamare
Keyword(s):  
Conflict Resolution ◽  
Dispute Resolution ◽  
Survey Data ◽  
Alternative Dispute Resolution ◽  
Strategic Orientation ◽  
The Other ◽  
Firm Level ◽  
Strategic Orientations ◽  
Fortune 1000 ◽  
The One

This article examines the strategic underpinnings of firms’ use of alternative dispute resolution (ADR) practices. The authors argue that a firm’s strategic orientation and commitment to ADR shape its adoption of dispute resolution techniques—such as mediation and arbitration. Firms vary in the benefits they seek to gain from adopting ADR practices, and firm-level use is affected by these anticipated benefits. The authors also propose a link between a firm’s commitment to the diffusion, access, and their use of ADR, on the one hand, and employee usage on the other. They test their theory using survey data from Fortune 1000 corporations and identify four distinct strategic orientations toward ADR, which in turn help to explain use of ADR within firms. Finally, they also find that a firm’s commitment to ADR is also shown to affect the firm’s use of mediation and arbitration.

scholarly journals Tinjauan Terhadap Penyelesaian Sengketa Pajak Melalui Lembaga Keberatan

2018 ◽  
Vol 1 (3) ◽  
pp. 268-279
Author(s):  
Nabitatus Sa'adah
Keyword(s):  
Dispute Resolution ◽  
The Other ◽  
Moral Integrity ◽  
Legal Research ◽  
Positive Law ◽  
Other Hand ◽  
The One

AbstractThis study aims to determine the review of tax dispute resolution through objection agencies. The method used in this study is normative legal research. The results of the study point out that First, the position of the tax objection institution, including one form of administrative effort, is recognized as being in the positive law of Indonesia, specifically to resolve an administrative dispute. Second, the position of the objection institution, on the one hand, is intended to accelerate the settlement of tax disputes, but on the other hand, has a weakness related to the objectivity of the decision considering the breaker is one of the parties that issued the decision. The suggestion of this research is that if the objection institution is seen as very important in its existence, especially in an effort to accelerate the settlement of tax disputes, the institution must be truly able to demonstrate its existence as an institution capable of providing objective dispute resolution. Breakers must uphold moral integrity so that they can produce fair decisions.Keywords: Tax Disputes, Objection Institutions, Legal SettlementAbstrakPenelitian ini bertujuan untuk mengetahui tinjauan terhadap penyelesaian sengketa pajak  melalui  lembaga keberatan. Metode yang digunakan dalam penelitian ini adalah penelitian hukum normatif. Hasil penelitian menujukan bahwa Pertama, Kedudukan lembaga keberatan pajak termasuk salah satu bentuk upaya administrasi  diakui keberadaannya dalam hukum positif  Indonesia khususnya untuk menyelesaikan suatu sengketa administrasi. Kedua, Kedudukan lembaga keberatan disatu sisi dimaksudkan untuk mempercepat penyelesaian sengketa pajak, tetapi disisi lain mempunyai kelemahan terkait keobyektifan putusan mengingat pemutus adalah salah satu pihak yang mengeluarkan putusan. Saran dari penelitian ini adalah apabila lembaga keberatan dipandang sangat penting keberadaannya khususnya dalam upaya mempercepat penyelesaian sengketa pajak maka lembaga tersebut harus betul-betul mampu menunjukkan eksistensinya sebagai lembaga yang mampu memberi penyelesaian sengketa yang obyektif. Pemutus harus menjunjung tinggi integritas moral sehingga mampu menghasilkan keputusan yang adil.Kata Kunci: Sengketa Pajak, Lembaga Keberatan, Penyelesaian Hukum

PARAMETERS OF CONFIDENTIALITY IN CHILD PROTECTION ALTERNATIVE DISPUTE RESOLUTION

2015 ◽  
Vol 27 (3) ◽  
pp. 290-305
Author(s):  
Carmel R Matthias
Keyword(s):  
Dispute Resolution ◽  
South African ◽  
Child Protection ◽  
Alternative Dispute Resolution ◽  
The Other ◽  
Crucial Aspect ◽  
The South ◽  
Other Hand

It has been internationally recognised that alternative dispute resolution (ADR) is effective in many child protection cases. In the South African Children’s Act, four ADR methods are applicable to child protection. It will be shown that a major weakness in the ADR framework in the Act is a failure to provide appropriate coverage on the crucial aspect of confidentiality. This article explores the tensions around confidentiality in ADR processes for both professional and family participants. Where participants fear that what they divulge during ADR is not confidential, they may be inhibited from being constructively involved. This can defeat the purpose of ADR. On the other hand, in child protection ADR a correct balance needs to be struck so that information essential for the further resolution of the case or for protecting persons from danger is communicated. How best to enable effective child protection ADR by creating an appropriate confidentiality framework is discussed in this article.

scholarly journals Effectiveness of the Various Mechanisms and Practices in Preventing and Resolving Individual Labour Conflicts in Romania

2015 ◽  
Vol 25 (1) ◽  
pp. 92-107
Author(s):  
Alexandra Braica ◽  
Serghei Mesaros
Keyword(s):  
Dispute Resolution ◽  
Institutional Capacity ◽  
The Other ◽  
Social Dialogue ◽  
Other Hand ◽  
Labour Dispute ◽  
Social Partners ◽  
The One ◽  
Labour Disputes

Abstract In our country, the practice of individual labour dispute resolution shows that it predominantly appeals to the courts, to the detriment of alternative mechanisms for individual labour dispute prevention and resolution. Therefore, we believe the focus should be on developing those practices and mechanisms, on the one hand to prevent the emergence of a labour dispute, and on the other hand to steer the conflict settlement through mediation. This paper refers to the existing situation in Romania, in terms of legislation and practice in the field. Promoting programs to increase the institutional capacity of social partners for resolving labour disputes, both individual and collective, would be an approach in accordance with the principles of social dialogue and would really contribute to developing a culture of social dialogue in Romania

Marriage conclusion in Belgian Muslim families: Navigating transnational social spaces of normativity

2016 ◽  
Vol 14 (1) ◽  
pp. 11-24
Author(s):  
Kim Lecoyer
Keyword(s):  
Focus Groups ◽  
Public Space ◽  
Dispute Resolution ◽  
The Other ◽  
Social Spaces ◽  
Other Hand ◽  
Transnational Social Spaces ◽  
The One ◽  
Local Discourses ◽  
Religious Actors

This article examines multiple normative frameworks that shape rules and expectations for marriage conclusion among Muslim families in Belgium and highlights how women in particular understand, use and resist these norms. Among these normative frameworks, particular attention is given to the study of Islamic normative discourses, which frequently originate in a transnational public space of Islamic norms and reference, but are at the same time locally situated in daily practices and local discourses. The article is based on fieldwork conducted in Belgium with different religious actors on the one hand, and interviews and focus groups with, mainly female, members of Belgian Muslim families on the other hand. The data stems from a broader research on non-state family practices and dispute resolution among Muslim families of migrant origin living in Belgium.

Arbitrating Intellectual Property Disputes in India

2021 ◽  
pp. 227740172095917
Author(s):  
Daniel Mathew
Keyword(s):  
Public Policy ◽  
Intellectual Property ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Critical Appraisal ◽  
The Other ◽  
Policy Issues ◽  
The One

Recent years have witnessed enhanced utilisation of varied means of alternative dispute resolution to resolve a variety of disputes. While many areas have seamlessly adapted and internalised such extension, intellectual property disputes continue to offer stubborn resistance. This is because on the one hand intellectual property represents substantial business asset, while on the other it is an outcome of a carefully constructed public policy. The tension between the two viewpoints has a profound effect on how intellectual property disputes are understood and resolved. As a result, jurisdictions, world over, including India, have struggled to suitably respond to concerns emanating from private adjudication (in particular use of arbitration), to resolve public policy issues (such as disputes pertaining to intellectual property). This article attempts (a) a critical appraisal of the efforts to arbitrate intellectual property disputes in India, (b) identify and analyse legal roadblocks to such attempts including contradictory approaches adopted by Indian courts and (c) finally, undertake an evaluation of a possible compromise that enables arbitration of intellectual property disputes in India.

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