scholarly journals Intermediary in a Collective Labor Dispute Resolution

2019 ◽  
Vol 6 (2) ◽  
pp. 33-59 ◽  
Author(s):  
L. Zaitseva ◽  
E. Gomes ◽  
S. Racheva ◽  
V. Cruz
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Regulation ◽  
Social Progress ◽  
Alternative Methods ◽  
Labor Dispute ◽  
General Development ◽  
Labor Disputes ◽  
Economic Interests ◽  
Common Features

Collective labor disputes based on the differences in economic interests between workers and employers can be effectively resolved exclusively through conciliation procedures. Contemporary alternative methods arose mostly due to the necessity to resolve collective labor disputes; mediation for this purpose is applied differently in various countries. National legislation equally provides various means for collective labor dispute resolutions and determines relevant intermediary procedures. An intermediation in a collective labor dispute resolution can be private and/or state-appointed and mandatory or alternative and remains a very perspective means of alternative dispute resolution. An analysis of different countries’ legislation distinguishes several common features of intermediation in collective labor disputes, concerning mainly the goals, objectives and principles. For bodies and persons conducting intermediation, the degree of compulsion in their decisions varies greatly from country to country. However, the obtained experience reveals common and distinctive procedural features and provides the possibility to classify existing approaches, having combined them into groups. The analysis also follows general development trends of collective labor dispute intermediation in different countries and identifies several shortcomings that are characteristic to different systems of intermediation legal regulation. Further research on the most effective ways of collective labor dispute conciliation is necessary for establishing new harmonious labor relations as the grounds for social progress.

scholarly journals MEDIATION AS ALTERNATIVE DISPUTE RESOLUTION: LEGAL ANALYSIS, FOREIGN PRACTICE, AND PERSPECTIVES IN RUSSIA

2019 ◽  
Vol 7 (6) ◽  
pp. 826-829
Author(s):  
Lilia A. Sungatullina ◽  
Robert R. Izmailov ◽  
Andrey V. Mikhaylov
Keyword(s):  
Public Relations ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Regulation ◽  
Alternative Methods ◽  
Mediation Process ◽  
Legal Analysis ◽  
Basic Principles ◽  
Foreign Experience ◽  
Corporate Business

Purposes: The article is devoted to the analysis of legal problems of mediation as an alternative way to resolve disputes. The article examines the Russian and foreign experience in the legal regulation of mediation. Methodology: The use and adaptation of foreign experience in applying the mediation procedure are aimed at increasing the speed of dispute resolution, the level of confidentiality and the ability to maintain partnerships. The authors suggest ways to improve the effectiveness and applicability of this procedure in practice. According to Sungatullina L.A., it seems efficient and promising to use alternative methods for resolving disputes in general and to apply the mediation procedure in particular. Izmailov R.R. He believes that the experience of using mediation techniques has shown its effectiveness in resolving various categories of disputes: labor, family, corporate, business conflicts, as well as in the field of housing relations. Mikhailov A.V. notes that the effectiveness of the mediation process largely depends on the implementation at all stages of the basic principles. Results: The authors conclude that it is advisable to apply mediation to disputes arising from administrative and other public relations. As one of the ways to improve the legislative regulation of mediation, it is proposed to consider the possibility of introducing a notarial certification of mediation agreements. Implications/Applications: Alternative dispute resolution is a set of procedures that facilitate non-judicial dispute resolution. In English practice, it is indicated by the steady turnover of Alternative dispute resolution (hereinafter - ADR). Different non-judicial forms of resolution of a case are referred to ADR in different countries. As a rule, three well-known forms are called: arbitration, mediation, and negotiations. Novelty/Originality: The novelty of this study in classifying the mediation techniques.

2. The Court System and Alternative Dispute Resolution

2019 ◽  
pp. 16-40
Author(s):  
Lucy Jones
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Alternative Methods ◽  
European Convention ◽  
Court System ◽  
The European Union ◽  
English Court ◽  
European Court ◽  
The Supreme Court

This chapter discusses the English court system, civil disputes, and alternative dispute resolution. The courts in England and Wales form a hierarchy. At the lowest level are the Magistrates’ Courts and the County Courts, then the Crown Court and High Court, then the Court of Appeal, and finally the Supreme Court. The chapter considers the role of the Court of Justice of the European Union in interpreting EU law within Member States. It explains the position of the European Court of Human Rights, which deals with allegations of state breaches of the European Convention on Human Rights. Civil disputes arise in every area of business. An explanation of the civil procedure rules from commencing a claim to enforcement of a court judgment is provided. The chapter concludes with a discussion of alternative methods of dispute resolution including arbitration, mediation, and conciliation.

scholarly journals Alternative Methods of Dispute Resolution as a Measure to Reduce the Workload on Courts: A Comparative Legal Study (Part 2)

Lex Russica ◽  
2021 ◽  
pp. 144-155
Author(s):  
N. S. Posulikhina ◽  
A. B. Kozyreva
Keyword(s):  
European Commission ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Alternative Methods ◽  
Sharp Transition ◽  
The Past ◽  
Judicial Practice ◽  
Gradual Development ◽  
The Eu

The paper considers alternative methods of dispute resolution as a measure to reduce the workload on the courts. At present, the need to reduce the workload on courts is quite acute in Russia. According to the members of the European Commission for the Efficiency of Justice (CEPEJ), a large workload on courts (and, accordingly, on judges) seriously affects the quality of justice and the timing of the consideration of cases. It should be noted that all judicial systems of the world without exception face this problem, but the statistics of the European Commission for the Efficiency of Justice (CEPEJ) shows that over the past few years the burden on courts and judges has significantly decreased in the EU countries.The authors summarize that foreign judicial practice has successfully tested working tools to reduce the burden on courts, which the Russian judicial system may well borrow. However, these tools require gradual development and elaboration given all Russian legal realities. A sharp transition to alternative dispute resolution may negatively affect the quality of dispute resolution in Russia. If the legislator restricts the ability of citizens to consider disputes in courts (for example, by increasing court fees), but at the same time alternative dispute resolution methods will remain at a low level of legal and social development (citizens’ distrust, weak legislative elaboration, etc.), then citizens will completely lose the platform for legal dispute resolution. It is quite possible that we will return to the criminal experience of the economy of the 1990s.

scholarly journals Mediation in administrative proceedings: problems of theory and practice.

2021 ◽  
Vol 3 (3) ◽  
pp. 186-190
Author(s):  
Iryna Verba
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Administrative Process ◽  
Legislative Framework ◽  
The Moment ◽  
Administrative Proceedings ◽  
Judicial Method

The article studies the the introduction of mediation in administrative proceedings. Implementation of other alternative ways of resolution of legal disputes, for example, such as mediation, can be an option to improvement of justice access and to reduction of court overloading. The sphere of administrative disputes is the most difficult for implementation of mediation procedure. Mediation is not able to displace and replace the judicial resolution of administrative disputes using the classic adversarial procedure. It is proposed to recognize adjudication mediation as the optimal procedure in resolving administrative disputes. Proposals and recommendations concerning creation of the legislative framework for the application of mediation as the alternative dispute resolution in administrative proceedings in Ukraine are formulated. That is why resolving the issue of relieving the judiciary is relevant for the use of mediation as an alternative way of resolving disputes or conflicts. Insufficient use of mediation as a way to resolve legal conflicts, including administrative ones, is low awareness of the advantages of this method of resolving legal conflicts and its advantages over the traditional judicial method of resolving legal disputes, insufficient legal regulation of mediation in Ukrainian legislation, lack of sufficient professional mediators who could provide quality mediation services, conservatism of both lawyers and participants in the administrative process at the moment of development of the legal system in Ukraine.

The alternative dispute resolution system in Italy: between harmonization with the requirements of European markets and de-juridicalization

2019 ◽  
Vol 1 (1) ◽  
pp. 77-100
Author(s):  
Giampiero D'Alessandro
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
National Level ◽  
Alternative Methods ◽  
Access To Justice ◽  
Research Committee ◽  
Resolution System ◽  
Implementation Period ◽  
Court Proceedings ◽  
Article 5

The topic of Alternative Dispute Resolution is comprehensively presented in Italy because of two different demands. The first is a demand presented at the European level to adopt measures that are meant to align the legal and regulatory provisions of different member States, even through the development of alternative methods for dispute resolution, in order to guarantee better access to justice at large, and this can be done through the use of supplemental and alternative dispute resolution methods which are of equal dignity to court proceedings. The second demand is presented at the national level and aims respond to the slowness of local court proceedings through so-called de-juridicalization, where legislations pertaining to A.D.R were supplemented with emergency measures that now include alternative tools among them. This complex tableau led to the creation of very detailed tools for dispute resolution on the civil front, tools that were often borrowed from foreign experiences. This paper wishes to offer a general framework of the principal players, without necessarily being exhaustive. In fact, in addition to Arbitration, which finds its origins in the Civil Code, Italian regulators have added over time procedures for civil and commercial mediation, assisted negotiation, settlement procedures for overindebtedness crisis and mediation on matters of energy and telecommunications and, more in general, on consumer matters. Some of these tools take on a principally deflationary function on matters of civil disputes where these same tools are considered necessary and constitute a condition of admissibility to be able to start legal proceedings. Faced with this complex tableau, in 2016 the Italian Ministry of Justice established a research committee, composed of professors, judges, lawyers and notaries who were entrusted with the task reassessing organically the matter with the aim of developing “de-juridicalization” tools using mediation, assisted negotiations and arbitration. In January 2017, this Commission, at the end of its tenure, presented a series of proposal to modify the legislation that was then in force. These proposals are to this day still under consideration by the Ministry of Justice. The establishment of the aforementioned Commission seemed justified because of the imminent termination of the implementation period for the compulsory mediation required by law for some disputes on civil and commercial matters, pursuant to Article 5, para. 1-bis, of Legal Decree 28/20106 that, instead, found a solution after changes made to convert Legislative Decree No. 50, April 24, 2017,7 through the so-called corrective action of 2017, into Law No. 96 of June 21, 2017.

scholarly journals LIABILITY OF LEGAL PERSONS FOR THE VIOLATION OF COMPETITION RULES: CRIMINAL PROSECUTION AND ALTERNATIVE METHODS OF CONFLICT REGULATION (COMPARATIVE EVALUATION)

2017 ◽  
pp. 8-12
Author(s):  
Ольга Семыкина ◽  
Olga Semykina
Keyword(s):  
Dispute Resolution ◽  
Criminal Law ◽  
Alternative Dispute Resolution ◽  
Comparative Evaluation ◽  
Criminal Liability ◽  
Alternative Methods ◽  
Criminal Prosecution ◽  
Competition Rules ◽  
Conflict Regulation ◽  
Corporate Criminal Liability

In the article there is an analysis of criminal and criminal prosecution mechanism of legal persons’ liability for the violation of competition rules in some post-Soviet countries (Azerbaijan, Georgia, Kyrgyzstan, Moldova, Estonia). With a glance to a comparative evaluation there are features of national approaches established to regulate criminal law and criminal procedural measures applicable to legal persons who have committed acts in the field contrary to honest practices in industrial or commercial matters covered by the criminal branch of law. Based on the latest trends in criminalization, the model of criminal liability of legal persons is identified that is known in the world’s practice. Among them there are marked identified model (on the example of Estonia and Kyrgyzstan) and extended identified (based on the legislative approaches of Azerbaijan, Georgia, Moldova) models of corporate criminal liability. There are accumulated findings about the specifics of criminal prosecution of legal persons who have committed socially dangerous acts in the sphere of competition, and the possibility of using alternative mechanisms for the settlement of criminal law disputes in the stage of criminal prosecution. The conclusion defined is about direct dependence of realization of alternative dispute resolution mechanisms on the approach of the legislator to the legal entity of the Institute of responsibility of legal persons in criminal law.

scholarly journals Labor Dispute Resolution and Migrant Workers’ Legal Rights Protection in China

2020 ◽  
Vol 02 (01) ◽  
pp. 2050004
Author(s):  
Jieren Hu ◽  
Daniel Martin
Keyword(s):  
Dispute Resolution ◽  
Migrant Workers ◽  
Formal System ◽  
Legal Rights ◽  
Labor Dispute ◽  
Labor Disputes ◽  
Rights Protection ◽  
Resolution System ◽  
Legal Perspective ◽  
Dispute Resolution System

The formal labor dispute resolution system of administrative organs, arbitration tribunal and courts which have been established to handle labor disputes remains an ineffective tool for migrant workers to resolve their disputes with their employers in China. Moreover, experience has exemplified that among the mediation style, non-official mediators have proven to be more effective in settling cases and helping migrant workers than mediators within the formal system. Taking “Little Bird,” a famous NGO for migrant workers rights protection in China, as an example, this article focuses on the problem of arrears in wages of migrant workers from a sociological-legal perspective. This article argues that the current legal system in China fails to adequately protect the legitimate rights and interests of migrant workers and that informal mediation may help resolve disputes between migrant workers and employers more efficiently. The effectiveness of NGO’s role in handling labor disputes as well as its limitations, would also be analyzed and discussed.

Mediazione familiare: nuove professioni e il dibattito sulle alternative al giudizio

2009 ◽  
pp. 197-206
Author(s):  
Luigi Cominelli
Keyword(s):  
Dispute Resolution ◽  
Professional Practice ◽  
Legal System ◽  
Theoretical Approach ◽  
Alternative Dispute Resolution ◽  
Alternative Methods ◽  
Basic Training ◽  
Family Mediation ◽  
Family Mediators ◽  
Time And Energy

- Ivan Pupolizio's book La mediazione familiare in Italia (Family Mediation in Italy) is the latest in a series that testifies to the increasing interest at work in Italy in topics of alternative conflict solving. The theoretical approach adopted to the topic is accompanied by evidence from professional practice and information about the authorities and subjects that work in the field of family mediation. Pupolizio takes an in-depth look at the practice of family mediation in Italy and draws up a summarised chronology of its development. Mediators do not investigate the couple's experience as a means for understanding the causes of the problem, but work together with the parties to identify concrete solutions for the future. Mediators have clearly already started venturing along the path that leads to their professionalisation. Training whose purpose is to accredit family mediators will in due course flank basic training for lawyers who are not familiar with these procedures. Pupolizio spends some time and energy looking into the legislative aspects of the mediator's professional practice. Today's legislation offers several spaces for mediation, primarily when spouses separate. The book's theoretical section discusses fears that the methods of alternative dispute resolution may lead to a privatisation of justice, dwelling in particular on the criticism expressed by the women's movement, which considers that mediation, as opposed to the legal system, puts women at a disadvantage towards men. Pupolizio believes that alternative methods do not constitute a danger for equity when they are understood correctly to be methods of appropriate dispute resolution. (English texts revised by Pete Kercher)

scholarly journals Alternative Methods of Dispute Resolution as a Measure to Reduce the Workload on Courts: A Comparative Legal Study (Part 1)

Lex Russica ◽  
2021 ◽  
pp. 142-149
Author(s):  
N. S. Posulikhina ◽  
A. B. Kozyreva
Keyword(s):  
European Commission ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Alternative Methods ◽  
Sharp Transition ◽  
The Past ◽  
Judicial Practice ◽  
Gradual Development ◽  
The Eu

The paper considers alternative methods of dispute resolution as a measure to reduce the workload on the courts. At present, the need to reduce the workload on courts is quite acute in Russia. According to the members of the European Commission for the Efficiency of Justice (CEPEJ), a large workload on courts (and, accordingly, on judges) seriously affects the quality of justice and the timing of the consideration of cases. It should be noted that all judicial systems of the world without exception face this problem, but the statistics of the European Commission for the Efficiency of Justice (CEPEJ) shows that over the past few years the burden on courts and judges has significantly decreased in the EU countries. The authors summarize that foreign judicial practice has successfully tested working tools to reduce the burden on courts, which the Russian judicial system may well borrow. However, these tools require gradual development and elaboration given all Russian legal realities. A sharp transition to alternative dispute resolution may negatively affect the quality of dispute resolution in Russia. If the legislator restricts the ability of citizens to consider disputes in courts (for example, by increasing court fees), but at the same time alternative dispute resolution methods will remain at a low level of legal and social development (citizens’ distrust, weak legislative elaboration, etc.), then citizens will completely lose the platform for legal dispute resolution. It is quite possible that we will return to the criminal experience of the economy of the 1990s.

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