CommentsBargaining in the Shadow of the Law: The Case for ADR as a Field of Study

2021 ◽  
pp. 9-12
Author(s):  
Elizabeth Tippett
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
First Year ◽  
Important Work ◽  
Field Of Study ◽  
Legal Rules ◽  
The Law

Mnookin and Kornhauser’s Bargaining in the Shadow of the Law is a critically important work for the alternative dispute resolution (ADR) field because it legitimized the study of negotiation within the legal academy. It did so by tethering bargaining to jurisprudence. Without Mnookin and Kornhauser’s insight that bargaining is a function of legal rules, the law remains confined to its portrayal in a standard first-year curriculum....

An Undergraduate Course in Psychology and the Law

1987 ◽  
Vol 14 (4) ◽  
pp. 238-239 ◽  
Author(s):  
Edith Greene ◽  
Edith Greene
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Criminal Law ◽  
Alternative Dispute Resolution ◽  
Civil Law ◽  
Plea Bargaining ◽  
Jury Decision Making ◽  
Teaching Aids ◽  
The Law ◽  
Jury Decision

This article describes a course that bridged the disciplines of clinical and experimental psychology and the law. The course included discussion of issues in criminal law, such as the psychology of policing, the reliability of confessions, victimization, plea bargaining, jury decision making, and alternative dispute resolution, and in civil law, such as civil commitment, predicting dangerousness, and child custody. Course objectives, requirements, and teaching aids are outlined, and some thoughts on integrating these diverse topics are included.

scholarly journals ARBITRASE SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA EKONOMI SYARIAH MENURUT UNDANG-UNDANG NOMOR 30 TAHUN 1999

Asy-Syari ah ◽  
2014 ◽  
Vol 16 (2) ◽  
Author(s):  
Muhibuthabary Muhibuthabary
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Civil Religion ◽  
Arbitration Process ◽  
Islamic Jurisprudence ◽  
New Knowledge ◽  
The Absolute ◽  
The Law ◽  
Islamic Economic ◽  
Religious Courts

This paper describes the arbitration as an alternative dispute resolution in Shariah economy. Dispute resolution in general civil religion has resolved through litigation in the religious courts that refer to Article 49 of Law Number 7 of 1989 Jo. Law Number 3 of 2006 Jo. Law Number 50 of 2009 on the Religious Courts. However, there are some interesting cases, one of which is the Islamic economic disputes could be resolved through non-litigation or arbitration process, which refers to the Law No. 30 Year 1999. Now, the Shari'ah economic dispute resolution becomes the object of this study which interesting to study both theoretically and practically, not only because the case is to be part of the absolute authority of religious courts, but also becomes a new knowledge in the field of Islamic Jurisprudence

Dissolution of Marriage

2019 ◽  
pp. 101-121
Author(s):  
Eve M. Brank
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Financial Support ◽  
Personal Relationships ◽  
State Laws ◽  
The Law ◽  
The Relationship

Not all marriages last and unlike other personal relationships, the dissolution of a marriage requires legal involvement to end the relationship. A divorce not only severs a marriage, but it also introduces legal involvement. That legal involvement is in the form of state laws that define how divorces are granted, whether the couple needs to have a formal separation before a divorce can be granted, how property should be divided upon dissolution, and whether formalized spousal financial support should commence. Although the law is involved in each of these issues, there are now more opportunities for the use of alternative dispute resolution options rather than traditional court settings that attempt to give more of the decision making back to the couple.

China's Labour Law, Compliance and Flaws in Implementing Institutions

2007 ◽  
Vol 49 (5) ◽  
pp. 673-686 ◽  
Author(s):  
Sean Cooney
Keyword(s):  
Dispute Resolution ◽  
Legal Framework ◽  
Labour Law ◽  
State Institutions ◽  
Legal Rules ◽  
The Law ◽  
Compliance With The Law ◽  
Resolution Processes ◽  
Political Realities ◽  
Trade Union Organization

This article examines some of the factors contributing to the widespread compliance failures experienced by Chinese labour law. It focuses on the nature of the legal rules and the structure of state and quasi-state institutions charged with implementing the law. While the basic legal framework regulating labour in China appears designed to prevent many abuses, the lack of settled detail inhibits effective enforcement. The labour inspectorate, formal dispute resolution processes and the official trade union organization each suffer from weaknesses reducing their capacity to elicit compliance with the law. Some improvements to the law and the institutions are already being implemented. The article suggests further areas of reform that may increase compliance, within the constraints of China's current political realities.

scholarly journals IMPLEMENTASI RESOLUSI MICRO CONFLICT BERBASIS ALTERNATIVE DISPUTE RESOLUTION (Studi Peran Mediasi di Pusat Pelayanan Terpadu Perempuan dan Anak Korban Kekerasan ‘Rekso Dyah Utami’ Yogyakarta)

2018 ◽  
Vol 11 (1) ◽  
pp. 57
Author(s):  
Linda Evirianti
Keyword(s):  
Dispute Resolution ◽  
Violence Against Women ◽  
Alternative Dispute Resolution ◽  
Transactional Analysis ◽  
Service Center ◽  
Social Phenomena ◽  
Women And Children ◽  
The Law ◽  
Integrated Service ◽  
The Way

Humans are social beings formed by mutual interests within the scope of the community. In relation to such reciprocity, social phenomena often arise in the form of violence or conflict arising from the existence of different interests, so that with the emergence of conflicts or disputes, the law plays an important role in resolving these conflicts, especially acts of violence against women and children. Through the Rekso Dyah Utami agency, there is an effort to minimize an act of violence. The way it is done is through the assistance of mediators in resolving cases that occurred at Integrated Service Center for Women and Children of Violence Victims (P2TPAKK) Rekso Dyah Utami through mediation practice.Keywords: communication transaction (transactional analysis), mediation, mediator.

scholarly journals IMPLEMENTASI RESOLUSI MICRO CONFLICT BERBASIS ALTERNATIVE DISPUTE RESOLUTION (Studi Peran Mediasi di Pusat Pelayanan Terpadu Perempuan dan Anak Korban Kekerasan ‘Rekso Dyah Utami’ Yogyakarta)

2018 ◽  
Vol 11 (1) ◽  
pp. 57
Author(s):  
Linda Evirianti
Keyword(s):  
Dispute Resolution ◽  
Violence Against Women ◽  
Alternative Dispute Resolution ◽  
Transactional Analysis ◽  
Service Center ◽  
Social Phenomena ◽  
Women And Children ◽  
The Law ◽  
Integrated Service ◽  
The Way

Humans are social beings formed by mutual interests within the scope of the community. In relation to such reciprocity, social phenomena often arise in the form of violence or conflict arising from the existence of different interests, so that with the emergence of conflicts or disputes, the law plays an important role in resolving these conflicts, especially acts of violence against women and children. Through the Rekso Dyah Utami agency, there is an effort to minimize an act of violence. The way it is done is through the assistance of mediators in resolving cases that occurred at Integrated Service Center for Women and Children of Violence Victims (P2TPAKK) Rekso Dyah Utami through mediation practice.Keywords: communication transaction (transactional analysis), mediation, mediator.

scholarly journals PELAKSANAAN SITA JAMINAN DALAM HUKUM ACARA ARBITRASE

Yuridika ◽  
2010 ◽  
Vol 25 (1) ◽  
Author(s):  
Sujayadi . ◽  
Yuniarti .
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
The Law ◽  
To Come ◽  
The Individual ◽  
Resolution Processes ◽  
Selection Of

Alternative dispute resolution (ADR) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. Despite historic resistance to ADR by many popular parties and their advocates, some courts now require some parties to resort to ADR of some type, usually mediation. The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute. In Indonesia based on the Law No. 30/1999 concerning Alternative Dispute Resolution and Arbitration, ADR is interpreted as alternative to adjudication as it is reflected in the title of the Law No. 30/1999. Based on article 32 the collateral forclosure is enable to be done. The procedure of this were adopting the procedure of the collateral forclosure in civil court.Keyword : Alternative dispute resolution, collateral forclosure.

scholarly journals Penyelesaian Sengketa antara Bank Sharî‘ah dengan Nasabah Bermasalah melalui Badan Arbitrase Sharî‘ah Nasional (BASYARNAS) menurut UU No. 30 tahun 1999

2015 ◽  
Vol 9 (1) ◽  
pp. 193
Author(s):  
Sulistyowati Sulistyowati
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Islamic Law ◽  
Legal Rules ◽  
Arbitration Board ◽  
Strong Emphasis ◽  
The Cost

<p>This study deals with dispute settlement between <em>Bank Syari’ah</em> and its customers through the National Shari’ah Arbitration Board (BASYARNAS). It focuses to elaborate the procedures of dispute settlement between <em>Bank Syari’ah</em> and its customers of financing from the perspective of Islamic law according to Bill No. 30/1999 above law No. 30 year 1999. Based on procedures as mentioned in the bill with regard to arbitration and alternative dispute resolution, Basyarnas, in proofing and resolving cases, has fulfilled the procedures and satisfied the conflicting parties with justice, so there is no need to appeal and reconsideration. This means that Basyarnas has conducted dispute resolution according to the existing procedures. The dispute settlement has also been in accordance with the Qur’ân and other Islamic legal rules which consist of the principles of power and mandate applied by the arbitrator in deciding and resolving the dispute. The board—as an independent institution—has setttled the disputes on the basis of justice for all parties, rejected the act of bribery since the cost is measurable. In addition, Basyarnas also gives strong emphasis on the principle of equality, friendship, consistence and response-bility in resolving disputes.</p>

scholarly journals Penyelesaian Perkara Pelanggaran Hak atas Merek

2020 ◽  
Vol 1 (2) ◽  
pp. 67-71
Author(s):  
I Gede Mahendra Juliana Adiputra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
The Law ◽  
The Right ◽  
Mutual Agreement

The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.

scholarly journals Forms of consumer protection

2021 ◽  
Vol 59 (3) ◽  
pp. 227-267
Author(s):  
Dragan Vujisić ◽  
Milan Rapajić
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Administrative Procedure ◽  
Consumer Protection Act ◽  
Civil Proceedings ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection

The authors point to the plurality of forms of consumer protection. Private law form of consumer protection is individual protection in civil proceedings. The protection of the collective interests of consumers in most European legal systems is achieved through litigation. The Consumer Protection Act entrusts the protection of the collective interests of consumers to administrative bodies, which is realized in administrative proceedings, whose rules are characterized by considerable differences in relation to the rules provided by the Law on General Administrative Procedure. A significant unit is dedicated to the mechanism of alternative dispute resolution, especially arbitration and mediation. The shortcomings of the Law on Consumer Protection regarding certain contradictory provisions are pointed out. The legislator stimulates alternative dispute resolution, and on the other hand stipulates that contracting one of these methods does not affect the right to judicial protection. The paper also analyses the inspection.

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