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.

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.

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.

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 Grammaticalization of syntactic conflict resolution: Asymmetric constructions

2013 ◽  
pp. 115-135
Author(s):  
I.M. Boguslavskij
Keyword(s):  
Conflict Resolution ◽  
Intermediate Position ◽  
The Other ◽  
Semantic Structure ◽  
The Core ◽  
Other Hand ◽  
Principal Property ◽  
The One

We consider Russian coordinative constructions with paired conjunctions, such as i?i ?both?and?, ili?ili ?either?or?, ni?ni ?neither?nor?, ne tol'ko?no i ?not only?but also?, ne?a ?not?but?, etc. The paper presents a class of syntactic constructions, so-called asymmetric constructions, which are interesting in several respects. They are closely related to coordinative constructions, although they do not share their principal property - the identity of syntactic functions of coordinated elements. They take up an intermediate position between standard syntax and ungrammaticality. On the one hand, the sentence is within the grammatical norm. On the other hand, its structure underwent a deformation that left a trace. We propose a description that accounts for their closeness to and difference from standard - symmetric - constructions. Symmetric constructions with paired conjunctions are convenient to describe as a result of two transformations occurring in the semantic structure: Deletion and Transfer. Asymmetric constructions are obtained when only one of these transformations is applied. Accordingly, two subclasses of asymmetric constructions can be distinguished - ?Deletion-Without-Transfer? constructions and ?Transfer-Without-Deletion? constructions. The latter class has a strong pragmatic marking. The core of this class are ?failed? symmetric constructions. The speaker begins to build a symmetric construction but faces an obstacle of syntactic nature, which prevents him from completing this plan. ?Transfer-Without-Deletion? constructions constitute a legalized way of overcoming syntactic conflicts.

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.

scholarly journals The Role of Alternative Dispute Resolution in Trans-Boundary Land Dispute: The Case of Ikot Idaha and Osuk Ediene Communities in Akwa Ibom State, Nigeria

2019 ◽  
Vol 17 (2) ◽  
pp. 68-78
Author(s):  
R.E Ukpong-Umo ◽  
I.U Udobia ◽  
A.O Agwu
Keyword(s):  
Conflict Resolution ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Monitoring And Evaluation ◽  
Mediation Process ◽  
Interview Method ◽  
Land Dispute ◽  
The People ◽  
Content Analysis Method ◽  
Border Conflicts

The perennial land dispute of Ibime Water Trench, a trans-boundary land area between Ikot Idaha and Osuk Ediene Communities in Ikono Local Government Area of Akwa Ibom State has led to discord, hatred and dissonance over several years in the past. Despite repeated efforts by both parties to identify and resolve the underlying issues and contain the problem, it was found to have recurred after a period of seeming calm. This paper therefore aims at investigating and identifying the underlying factors that trigger recurrent trans-border conflicts between Ikot Idaha and Osuk Ediene Communities and the application of Alternative Dispute Resolution (ADR), using the Mediation Technique in conflict resolution. Data were elicited through the indept interview method and analysed using the content analysis method. Result shows that through the Mediation process, both disputing parties were able to resolve their differences and have been living and sharing in the Ibime water resources together and peacefully for over thirty years. In line with the theory of Conflict Resolution, the development of Impact Sensitive Outcome Mapping as a form of monitoring and evaluation was adopted to serve as an intervention to proffer a lasting solution for a peaceful coexistence among the people of both communities.

Collaborative Technologies and Innovation in SMEs

2010 ◽  
pp. 204-217
Author(s):  
Angel L. Meroño-Cerdan ◽  
Pedro Soto-Acosta ◽  
Carolina Lopez-Nicolas
Keyword(s):  
The Other ◽  
Research Model ◽  
Firm Level ◽  
Collaborative Technologies ◽  
Other Hand ◽  
Multi Stage ◽  
Stage Process ◽  
The One ◽  
The Impact ◽  
The Relationship

This study seeks to assess the impact of collaborative technologies on innovation at the firm level. Collaborative technologies’ influence on innovation is considered here as a multi-stage process that starts at adoption and extends to use. Thus, the effect of collaborative technologies on innovation is examined not only directly, the simple presence of collaborative technologies, but also based on actual collaborative technologies’ use. Given the fact that firms can use this technology for different purposes, collaborative technologies’ use is measured according to three orientations: e-information, e-communication and e-workflow. To achieve these objectives, a research model is developed for assessing, on the one hand, the impact of the adoption and use of collaborative technologies on innovation and, on the other hand, the relationship between adoption and use of collaborative technologies. The research model is tested using a dataset of 310 Spanish SMEs. The results showed that collaborative technologies’ adoption is positively related to innovation. Also, as hypothesized, distinct collaborative technologies were found to be associated to different uses. In addition, the study found that while e-information had a positive and significant impact on innovation, e-communication and e-workflow did not.

Separation of Powers and Alternative Dispute Resolution before the European Court of Human Rights

2019 ◽  
Vol 15 (2) ◽  
pp. 247-271
Author(s):  
Cedric Jenart ◽  
Mathieu Leloup
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Separation Of Powers ◽  
Executive Branch ◽  
The State ◽  
The Other ◽  
International Level ◽  
European Court

Alternative dispute resolution procedures before the European Court of Human Rights – The state agent, a member of the executive branch, tasked with representing the respondent state – Judicial and legislative branches of the respondent state limited or bound by concessions by the state agent – Convention framework effectively increases the power of the executive branch to the detriment of the other branches of government in the respondent state – Tension with national separation of powers – Possible solutions on a national and international level

scholarly journals Towards a framework for innovation orientation within business and management studies

2019 ◽  
Vol 32 (1) ◽  
pp. 123-144 ◽  
Author(s):  
David Norris ◽  
Malgorzata Ciesielska
Keyword(s):  
Performance Enhancement ◽  
Strategic Orientation ◽  
Future Research ◽  
Firm Level ◽  
Content Type ◽  
Innovation Culture ◽  
Strategic Orientations ◽  
Manage Innovation ◽  
Business And Management ◽  
Specific Capital

Purpose The innovation orientation theory has emerged within the literature in the last 40 years particular within the development of other strategic orientations, but the bulk of seminal literature in the area has been developed in the past 11 years. The purpose of this paper is to revisit the concept innovation orientation in the light of recent research. Design/methodology/approach This paper presents a systematic review of this literature, covering 74 scholarly articles published between 1982 and 2017. Findings Innovation orientation is a sub-construct positioned within the wider field of innovation and relates to an innovation-based strategic orientation, where orientation is used to describe the overall dominant approach that represents an organisation’s competitive posture and strategic focus. It is a multifaceted construct that includes a range of core common variables innovation culture, competition-based understanding, organisational flexibility and specific capital and knowledge capabilities and is particular relevant for that managers and executives to understand how to manage innovation at the firm level. Literature also reports links between innovation orientation and organisational performance. Originality/value On the basis of these analyses, a comprehensive innovation orientation framework is developed including key antecedents and key outcomes in terms of performance enhancement and capabilities development. Suggestions for future research are also presented.

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