An Alternative Dispute Resolution by Using Administrative Advance Notice : A Case Study on the Cattle Shed Conflict in Gimcheon

2014 ◽  
Vol 22 (2) ◽  
Author(s):  
Se Jin Park
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Advance Notice

scholarly journals AXIOLOGY ARBITRATION VALUE RULING IN THE CASE SETTLEMENT TRADE (Case Study Decision Of Supreme Court Number : 199 K / Pdt.Sus / 2012)

2016 ◽  
Vol 1 (2) ◽  
pp. 228
Author(s):  
Safrin Salam
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Ad Hoc ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Legal Certainty ◽  
Opportunity Loss ◽  
Legal Grounds

The existence of the Indonesian National Arbitration Board (BANI) in Indonesia that still exist to this day is one manifestation of diakomodasinya patterns of dispute resolution outside the court. Legal Considerations Application Reasons Cancellation Arbitral Article 70 of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution in Supreme Court Decision No. 199 K / Pdt.Sus / 2012 Relation Ensure Legal Certainty In the disputing parties are legal considerations of the cancellation decision was not all acceptance or rejection of the cancellation request arbitration decision based on legal grounds contained in Article 70 of Law No. 30 of 1999. Act No. 30 of 1999 on the ADR needs to be improved, especially the explanation of article 60 and article 70 which could lead to legal uncertainty for justice seekers among businesses in the dispute and the opportunity loss of trust businesses to resolve the dispute out of court through arbitration institution (the Arbitration Tribunal Ad-Hoc, BANI, etc.)

Premises recovery through adoption of alternative dispute resolution (ADR) techniques

2019 ◽  
Vol 11 (1) ◽  
pp. 67-80
Author(s):  
Daramola Thompson Olapade ◽  
Biodun Olapade ◽  
Bioye Tajudeen Aluko
Keyword(s):  
Dispute Resolution ◽  
Case Studies ◽  
Alternative Dispute Resolution ◽  
Design Methodology ◽  
Content Type ◽  
Study Approach ◽  
Alternative Approach ◽  
The Cost ◽  
Property Markets

Purpose This paper aims to explore the use of alternative dispute resolution (ADR) techniques as a legitimate means of ejection of recalcitrant tenant in property. This is with a view of providing information that will improve property investment and management. Design/methodology/approach The paper adopts a case study approach using five selected case studies where ADR approach was used to recover premises. Findings The experience from the case studies shows that the use of ADR in premises recovery is effective but has its challenges. In the five case studies, consent judgment, mediation and negotiation were used to recover premises in less than three months compared to an average of 18 months using litigation. Also, the cost in all the cases were lower where they exist at all than when litigation are used. The paper provides useful information to practitioners on the use of the effective alternative approach to recover premises from recalcitrant tenants. Originality/value The paper provides practical ways through which recovery of premises could be achieved through non-adversarial technique in developing property markets, which hitherto was not available in literature.

scholarly journals Navigating self-managed conflict resolution: A case study

2021 ◽  
pp. 0143831X2110250
Author(s):  
Kristine J Olson ◽  
Benjamin Hopkins
Keyword(s):  
Conflict Resolution ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Point Of View ◽  
Structured Interviews ◽  
Resolution System ◽  
Permanent Employees ◽  
Resolution Processes ◽  
Agricultural Organization

This study examines how an organization-wide self-managed interpersonal conflict resolution system is experienced from the point of view of permanent and seasonal employees. Twenty semi-structured interviews and observations at a single agricultural organization were used to assess the alternative dispute resolution (ADR) system. Employee reports were coded by determining if the conflict was owing to processes, relationships, or tasks problems, as well as determining if each conflict was resolved with accommodating, aggressive, avoidant, or collaborative resolution tactics. Interestingly, it was the permanent employees who initiated a majority of conflict resolution processes. Furthermore, only permanent employees opted to utilize aggressive tactics, usually by demanding that their colleagues quit the job at the organization. The findings indicate the importance of ADR training in order to develop confidence among seasonal employees to initiate resolution processes as well as the importance of teaching resolution tactics as a means of reducing employee termination.

Effectiveness of Conciliation and Arbitration in the Ferro- Chrome Industry in Zimbabwe

2016 ◽  
Vol 12 (25) ◽  
pp. 331
Author(s):  
Christopher Watadza ◽  
Mildred Mahapa ◽  
Chakanaka Ernest Muchadenyika
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Framework ◽  
Regulatory Environment ◽  
Systems Management ◽  
Time Limits ◽  
Descriptive Research ◽  
Legal Structure ◽  
Dispute Resolution Mechanism

The study sought to establish the effectiveness of Conciliation and Arbitration as dispute resolution mechanism with the case of Ferro –Alloy Industry in Zimbabwe. A case study of 2 major players in the industry were examined in a descriptive research design. Backing the research is the concept of legal pluralism which then defined conciliation and arbitration as alternative dispute resolution systems. Management and Trade Union representatives, general employees and Labour Officers participated through interviews. The research uncovered that the current legal framework was not providing a conducive and enabling regulatory environment to ensure an effective dispute resolution mechanism. The gaps in terms of time limits, the absence of explicit guidelines on conciliation, lack of finality to arbitral awards were identified as major drawbacks of the current legal structure. The State department, the Ministry of Labour, is the vehicle for an effective dispute resolution mechanism. The research identified that the department was inadequately resourced to enable speedy and prompt resolution of disputes. Due to the centrality and inevitability of disputes at workplace, the research recommended that government should amend the current legal framework to align it to International Labour Organisations provisions on conciliation and arbitration to ensure an effective resolution to disputes.

Alternative Dispute Resolution Series: Case Study 7

1992 ◽  
Author(s):  
Lawrence E. Susskind ◽  
Eileen Babbitt ◽  
David Hoffer
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution
Sign in / Sign up

Export Citation Format

Share Document