Varieties of Dispute Processing

2021 ◽  
pp. 321-326
Author(s):  
Frank E.A. Sander
Keyword(s):  
Dispute Resolution ◽  
Administrative Law ◽  
Family Problems ◽  
Specialized Courts ◽  
Resolution Processes ◽  
Dispute Processing

This article explores various dispute resolution mechanisms, assessing how they can be utilized so that one can develop some rational criteria for allocating various types of disputes to different dispute resolution processes. With the development of administrative law, the delegation of certain problems to specialized bodies for initial resolution has become a commonplace. Within the judicial sphere, too, specialized courts have been developed to handle family problems and tax problems, among others. While the mediation-arbitration model is useful, another device that bears further utilization is the screening-adjudication model. Ultimately, the article advocates for a flexible and diverse panoply of dispute resolution processes, with particular types of cases being assigned to differing processes, according to some of the criteria.

Child Participation: Overcoming Disparity between New Zealand’s Family Court and Out-of-court Dispute Resolution Processes

2017 ◽  
Vol 25 (3-4) ◽  
pp. 658-671 ◽  
Author(s):  
Nicola Taylor
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Justice System ◽  
Research Evidence ◽  
Family Court ◽  
New Family ◽  
The Family ◽  
Major Reform ◽  
Children’S Views ◽  
Resolution Processes

This article considers children’s right to participate in the context of private law disputes concerning their post-separation, day-to-day care and contact arrangements. In New Zealand the approach to ascertaining children’s views has been both long-standing and systematic for contested proceedings within the Family Court (via children’s legal representatives and judicial meetings with children). However, major reform of the family justice system in 2014 shifted the emphasis to new out-of-court processes for resolving post-separation parenting arrangements. The reforms were disappointingly silent on the issue of children’s participation in the new Family Dispute Resolution services, particularly mediation. A disparity has thus arisen between opportunities for children’s engagement in New Zealand’s in-court and out-of-court dispute resolution processes. Research evidence and international developments in Australia and England and Wales are reviewed for the guidance they can offer in remedying this in New Zealand and elsewhere.

scholarly journals The Appropriateness of Conciliation/Mediation for Sexual Harassment Complaints in New Zealand

1997 ◽  
Vol 27 (4) ◽  
pp. 585
Author(s):  
Claire Baylis
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Sexual Harassment ◽  
Dispute Resolution ◽  
Employment Contracts ◽  
Human Rights Act ◽  
Resolution Processes

In this article, Claire Baylis examines the statutory models of mediation/conciliation in the Human Rights Act 1993 and the Employment Contracts Act 1991 which are used for sexual harassment complaints. She argues that the practice of mediating these complaints is inappropriate due to the incompatibility of the cha585he specific characteristics of most sexual harassment complaints. Further, an analysis of the actual dispute resolution provisions under the Acts raises other issues in the sexual harassment context. Finally, the author outlines some possible reforms to dispute resolution processes in this area.

Part III Comparative Analysis of the Transposition Processes and Outcomes, 20 Transposition: Key Issues and Controversies

2018 ◽  
Author(s):  
Rodger Barry ◽  
Ferro Miguel Sousa ◽  
Marcos Francisco
Keyword(s):  
Comparative Analysis ◽  
Dispute Resolution ◽  
Medium Size ◽  
Public Enforcement ◽  
Joint Liability ◽  
Full Compensation ◽  
Key Issues ◽  
Specialized Courts ◽  
The Right

This chapter examines how the Member States have addressed most of the key issues and controversies arising from the transposition of the Antitrust Damages Directive within their respective legal systems. It first considers the substantive grounds and conditions for liability, highlighting several legal debates that are likely to arise in the context of liability, such as those relating to fault, the characterization of the type of liability in question and the consequences thereof, and the liability of the parent company. It then discusses joint liability, particularly the liability of immunity recipients and of small to medium-size enterprises, and issues concerning access to evidence, specialized courts that would hear antitrust damages actions, limitation periods, the binding force of public enforcement decisions, the right to full compensation, quantification of harm, passing-on, consensual dispute resolution (settlements and alternative dispute resolution), and collective redress.

Bringing sustainability into dispute resolution processes

2014 ◽  
Vol 4 (1) ◽  
pp. 69-77 ◽  
Author(s):  
Natalija Kaminskienė ◽  
Inga Žalėnienė ◽  
Agnė Tvaronavičienė
Keyword(s):  
Dispute Resolution ◽  
Resolution Processes

Comparative Administrative Law and Economics

2020 ◽  
pp. 216-231
Author(s):  
Nuno Garoupa ◽  
Sofia Amaral-Garcia
Keyword(s):  
Rational Choice Theory ◽  
Choice Theory ◽  
Law And Economics ◽  
Administrative Law ◽  
Governance Indicators ◽  
Specialized Courts ◽  
Normative Dimension ◽  
State Liability

This chapter provides a rational choice theory to explain why features of administrative law vary across jurisdictions. It relates these varying features of administrative law to economic performance (as measured by macroeconomic variables or more specific variables such as rule of law, judicial effectiveness, governance indicators, or quality of legal institutions). The chapter also reveals a normative dimension related to the inevitable question of which arrangements or institutions produce better results. To that end, it reviews the current economic models of administrative adjudication. The chapter next takes a look at some more specific topics: specialized agencies, specialized courts, and state liability. Finally, it looks at the role of the interaction between administrative and constitutional law as well as rule-making and other types of executive policy-making.

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.

Alternative Dispute Resolution and Individual Workplace Rights: The Evolving Role of Fair Work Australia

2011 ◽  
Vol 53 (5) ◽  
pp. 718-732 ◽  
Author(s):  
Therese MacDermott ◽  
Joellen Riley
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Access To Justice ◽  
Traditional Role ◽  
Adverse Action ◽  
Recognition And Enforcement ◽  
Workplace Rights ◽  
The Right ◽  
Resolution Processes

This article examines the dispute resolution practices of Fair Work Australia that are evolving to deal with individual workplace rights, as its traditional role shifts away from conciliating and arbitrating collective industrial disputes. The workplace rights enshrined in the ‘general protections’ provisions in Part 3-1 of the Fair Work Act 2009 protect employees and prospective employees from any ‘adverse action’ taken against them because they are exercising a workplace right, or because they fall within one of the protected categories, such as the right to be free from discrimination. A broad range of alternative dispute resolution processes is now available to Fair Work Australia in dealing with such disputes. Alternative dispute resolution processes are seen as a way of avoiding costly and time-consuming litigation, and in some circumstances can improve access to justice for individuals. This article explores whether Fair Work Australia is likely to adopt different dispute resolution approaches from its traditional conciliation practices when managing ‘general protections’ applications, and whether the framework for dealing with these disputes will facilitate fair recognition and enforcement of workplace rights.

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