scholarly journals DA DISCÓRDIA À SOLUÇÃO ADEQUADA DE CONTROVÉRSIAS: A BUSCA POR MECANISMOS ALTERNATIVOS PARA SATISFAÇÃO ENTRE AS PARTES CONFLITANTES

Percurso ◽  
2019 ◽  
Vol 1 (28) ◽  
pp. 82
Author(s):  
Mauro De Paula BRANCO
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Positivism ◽  
De Se ◽  
The Law ◽  
Epistemological Analysis ◽  
Alternative Solutions ◽  
Do So ◽  
The Way

RESUMOO presente artigo científico possui como objetivo demonstrar ao leitor a maneira como as relações processuais são, ao longo da história, tratadas dentro do Direito e como é possível proporcionar mecanismos diversos para a solução alternativa de conflitos. Para tanto, dentro de uma análise epistemológica, a qual se vale do racionalismo para demonstrar quais as possíveis maneiras de se chegar a consensos válidos, judicial ou extrajudicialmente. O método pretendido é o indutivo, levando o interprete a entender quais as possibilidades de se adentrar em uma relação contenciosa, mas que pode se resolver consensualmente. PALAVRAS-CHAVE: Controvérsias; Positivismo Jurídico; Satisfação; Autocomposição; Soluções Alternativas; Mediação; Conciliação; Métodos Adequados. ABSTRACTThis article aims to demonstrate to the reader the way in which procedural relationships are dealt with within the Law and how it is possible to provide diverse mechanisms for alternative dispute resolution. To do so, within an epistemological analysis, which uses rationalism to demonstrate the possible ways to reach valid consensus, judicially or extrajudicially. The intended method is the inductive, leading the interpreter to understand the possibilities of entering into a contentious relationship, but that can be resolved consensually. KEYWORDS: Controversies; Legal Positivism; Satisfaction; Self; Composition; Alternative Solutions; Mediation; Conciliation; Appropriate Methods.

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 Judicial Specialisation in a Generalist Jurisdiction: Is Commercial Specialisation Within the High Court Justified?

2015 ◽  
Vol 46 (2) ◽  
pp. 307
Author(s):  
William Steel
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Future Research ◽  
High Court ◽  
The Law ◽  
The Government ◽  
Law Commission ◽  
The Way

In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the Government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this article argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that commercial parties are choosing to resolve their disputes offshore or through alternative dispute resolution. Accordingly, this article argues that future research by the Law Commission, or other research agency, is required before specialisation can be justified. In reaching this conclusion, it also examines the issues that may arise if the Government decides to continue with its proposed reform under cl 18 of the Judicature Modernisation Bill 2013, suggesting changes along the way.

scholarly journals Judicial specialisation in a generalist jurisdiction: Is commercial specialisation within the High Court justified?

2021 ◽  
Author(s):  
◽  
William Steel
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Future Research ◽  
High Court ◽  
The Law ◽  
The Government ◽  
Law Commission ◽  
The Way

<p>In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this paper argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that commercial parties are choosing to resolve their disputes offshore or through alternative dispute resolution. Accordingly, this paper argues that future research by the Law Commission, or other research agency, is required before specialisation can be justified. In reaching this conclusion it also examines the issues that may arise if the government decides to continue with its proposed reform under clause 18 of the Judicature Modernisation Bill 2013, suggesting changes along the way.</p>

scholarly journals Judicial specialisation in a generalist jurisdiction: Is commercial specialisation within the High Court justified?

2021 ◽  
Author(s):  
◽  
William Steel
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Future Research ◽  
High Court ◽  
The Law ◽  
The Government ◽  
Law Commission ◽  
The Way

<p>In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this paper argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that commercial parties are choosing to resolve their disputes offshore or through alternative dispute resolution. Accordingly, this paper argues that future research by the Law Commission, or other research agency, is required before specialisation can be justified. In reaching this conclusion it also examines the issues that may arise if the government decides to continue with its proposed reform under clause 18 of the Judicature Modernisation Bill 2013, suggesting changes along the way.</p>

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.

Constitutional Rights and Social Welfare: Exploring Claims-Making Practices in Post-Apartheid South Africa

2020 ◽  
Vol 53 (1) ◽  
pp. 25-48
Author(s):  
Whitney K. Taylor
Keyword(s):  
South Africa ◽  
Social Welfare ◽  
Neighborhood Context ◽  
The State ◽  
Constitutional Rights ◽  
The Law ◽  
Material Conditions ◽  
Do So ◽  
The Way

When do individuals choose to advance legal claims to social welfare goods? To explore this question, I turn to the case of South Africa, where, despite the adoption of a "transformative" constitution in 1996, access to social welfare goods remains sorely lacking. Drawing on an original 551-person survey, I examine patterns of legal claims-making, focusing on beliefs individuals hold about the law, rights, and the state, and how those beliefs relate to decisions about whether and how to make claims. I find striking differences between the factors that influence when people say they should file a legal claim and when they actually do so. The way that individuals interpret their own material conditions and neighborhood context are important, yet under-acknowledged, factors for explaining claims-making.

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.

Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change

2021 ◽  
pp. 297-302
Author(s):  
Marc Galanter
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Change ◽  
System P ◽  
The Law ◽  
Over Time ◽  
Do So ◽  
The Way

This article proposes some conjectures about the way in which the basic architecture of the legal system creates and limits the possibilities of using the system as a means of redistributive change. Specifically, the question is under what conditions litigation can be redistributive, taking litigation in the broadest sense of the presentation of claims to be decided by courts. Because of differences in their size, differences in the state of the law, and differences in their resources, some of the actors in society have many occasions to utilize the courts; others do so only rarely. One can divide these actors into those claimants who have only occasional recourse to the courts (one-shotters) and repeat players who are engaged in many similar litigations over time. The article then looks at alternatives to the official litigation system.

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