PARAMETERS OF CONFIDENTIALITY IN CHILD PROTECTION ALTERNATIVE DISPUTE RESOLUTION

2015 ◽  
Vol 27 (3) ◽  
pp. 290-305
Author(s):  
Carmel R Matthias
Keyword(s):  
Dispute Resolution ◽  
South African ◽  
Child Protection ◽  
Alternative Dispute Resolution ◽  
The Other ◽  
Crucial Aspect ◽  
The South ◽  
Other Hand

It has been internationally recognised that alternative dispute resolution (ADR) is effective in many child protection cases. In the South African Children’s Act, four ADR methods are applicable to child protection. It will be shown that a major weakness in the ADR framework in the Act is a failure to provide appropriate coverage on the crucial aspect of confidentiality. This article explores the tensions around confidentiality in ADR processes for both professional and family participants. Where participants fear that what they divulge during ADR is not confidential, they may be inhibited from being constructively involved. This can defeat the purpose of ADR. On the other hand, in child protection ADR a correct balance needs to be struck so that information essential for the further resolution of the case or for protecting persons from danger is communicated. How best to enable effective child protection ADR by creating an appropriate confidentiality framework is discussed in this article.

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 impact of the credit legislation on consumers

2016 ◽  
Vol 6 (4) ◽  
pp. 503-509 ◽  
Author(s):  
Hlako Choma ◽  
Thifulufhelwi Cedric Tshidada ◽  
Tshegofatso Kgarabjang
Keyword(s):  
South Africa ◽  
South African ◽  
Consumer Protection ◽  
The Other ◽  
The South ◽  
Other Hand ◽  
Credit Agreement ◽  
Financial Obligation ◽  
The Impact ◽  
National Credit Act

The purpose of this paper is to examine two South Africa legislations dealing with over indebtedness of a consumer. It is clear that in terms of the South African law, section 129 (1) and 130 (3) of the National Credit Act provide that a creditor provider who wishes to enforce a debt under a credit agreement must first issue a section 129 (1) (a) notice to the consumer (the purpose of the notice is to notify the consumer of his/her arrears). On the other hand, the South African National Credit Act encourages the consumers to fulfil the financial obligations for which they are responsible. The second legislation to be examined which serve or appear to serve same purpose as the National Credit Act is the Insolvency Act. It therefore, postulated that the compulsory sequestration of a consumer in terms of the Insolvency Act would stand as an alternative remedy for a credit provider before she/he can have recourse mechanisms, such as debt review that are focused on satisfaction of the consumer’s financial obligation , in terms of the provisions of the National Credit Act. The paper determines to what extend these measures comply with the constitutional consumer protection demands. The legislature had been pertinently cognizant of the Insolvency Act when it lately enacted the National Credit Act. This is much apparent from the express amendment of section 84 of the Insolvency Act to the extent set out in schedule 2 of the National Credit Act

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.

scholarly journals Dias en Da Gama, Van Wyk Louw en Camões (her)besoek

Literator ◽  
2014 ◽  
Vol 35 (1) ◽  
Author(s):  
Johan L. Coetser
Keyword(s):  
South African ◽  
World History ◽  
The Other ◽  
The South ◽  
Other Hand ◽  
Epic Poem ◽  
African Coast ◽  
Radio Play ◽  
Different Origins

Dias and Da Gama, Van Wyk Louw and Camões (re)visited. Although he was the first Portuguese explorer who rounded the southernmost cape of Africa, world history does not herald Bartholomew Dias as an important figure. His compatriot Vasco da Gama was the first mariner who reached the Orient by navigating around the Cape. Despite Dias’s relative historical unimportance, N.P. van Wyk Louw preferred to write a radio play about him and his journey around the South African coast. Luís Vaz de Camões, on the other hand, wrote an epic poem about da Gama’s journey, which he titled Os Lusíadas (1572), or The sons of Portugal. The question I set out to answer, relates to the position and importance that the playwright of Dias (1952) attaches to themes in Canto 5 of Os Lusíadas (1572). I assume that the two can be compared due to the presence of the mythical character Adamastor in both. As in Os Lusíadas (1572), Adamastor takes the form of a storm in Dias (1952). I conclude that, in spite of different origins, both texts are allegorical and national in character. The differences in origin inspired a revised reading of Dias (1952).

Integrating Alternative Dispute Resolution into South African Criminal Jurisprudence: An Urgent Need for Law Reforms

Politeia ◽  
2019 ◽  
Vol 38 (2) ◽  
Author(s):  
Prince Pius Imiera
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
South African ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
The South ◽  
Research Problems ◽  
Criminal Jurisprudence

This article argues for the inclusion of alternative dispute resolution (ADR) into the criminal justice administration of South Africa, which will ultimately result in the comprehensive legal transformation of the country’s justice system. Non-traditional dispute resolution processes, which fall within the context of ADR, are globally accepted and have been implemented in different dispute contestations. The argument whether ADR should be applied in a criminal justice context, poses normative questions concerning the function of the justice system, and sociological questions concerning the nature of criminals and crimes. Crime rates in South Africa are high and the criminal justice system may be unable to cope with the floodgates of formal litigation. In this context the article argues for the integration of ADR into the South African criminal justice system. Two major research problems are addressed through reviewing existing literature and doing desktop research. The first aspect concerns the integration of ADR into the South African criminal justice system with a view to effecting law reforms. Second, the question regarding the roles of traditional rulers in resolving criminal disputes is explored. The conclusions reached relate to the need for law reformation in South Africa, particularly in respect of the integration of ADR into criminal jurisprudence, in order to become aligned with other jurisdictions the world over.

scholarly journals Konkrete uitdagings vir die kerk vandag

2003 ◽  
Vol 24 (1) ◽  
pp. 113-123
Author(s):  
J J Kritzinger
Keyword(s):  
South African ◽  
The Other ◽  
South African Context ◽  
The South ◽  
African Renaissance ◽  
Other Hand ◽  
African Context ◽  
The One ◽  
The Church

In a recent publication No Quick Fixes a number of knowledgeable people dealt with some contemporary  challenges to the church in its mission in the South African context. In this article the reader is introduced to these, but  the focus is on those aspects of the challenge which arise from the two main influences in the spiritual sphere: on the one hand the overwhelming secularising influence of the modern western worldview, and on the other hand the increasing emphasis on the return to the values of traditional Africa, as formulated in the movement for the African Renaissance.

scholarly journals A FAST PROCEDURE AS AN ACCESS TO JUSTICE IN ORDER TO REALIZE A SIMPLE, FAST, AND LOW COST PRINCIPLE IN INDONESIA

2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Anita Afriana
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Low Cost ◽  
Judicial System ◽  
The Other ◽  
Access To Justice ◽  
Legal Certainty ◽  
The Public ◽  
Other Hand ◽  
Fast Procedure

Civil disputes resolution in court has complicated procedures. For the parties with small value of claims, the settlement through the court with a convoluted procedure is not an appropriate choice because time spent in the court is not comparable to the value of the dispute. On the  other hand, the settlement by arbitration and alternative dispute resolution sometimes considered insufficient to provide legal certainty. The objective of this article is to analyze fast procedures that are used in the settlement of a lawsuit simply as a means of access to justice, and the prospects of fast procedures in the civil judicial system of Indonesia. The approach used is normative juridical. The results shows that the regulation of fast procedures in indonesia is an advancement as a means of access to justice but it still required socialization to the public about fast procedure and simple lawsuit.Keywords :  Access To Justice, Fast Procedures, Simple Lawsuit,  Private Dispute

scholarly journals Pembatalan Putusan Arbitrase Nasional Oleh Pengadilan Negeri

2014 ◽  
Vol 2 (2) ◽  
Author(s):  
Muhammad Andriansyah
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
The Other ◽  
Court Decision ◽  
District Court ◽  
The South ◽  
Arbitration Award

Abstract: The National Arbitration Award Cancellation By Court. Article 70 of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, stating that the award can only be canceled if it is thought to contain elements of letter/false documents, or documents found hidden by the other party, or a decision that is taken from the results of deceit trick performed by one of the parties in the dispute. To prove whether or not one of the above three elements must be proved by a court decision. If the District Court stated that the reasons are evident, then the arbitration award may be canceled, if not proven, the Court should reject the application for cancellation of the arbitration decision. But in practice, there is still the District Court received the request for cancellation of arbitration outside the context of Article 70 of Law No. 30 of 1999 as stated in the South Jakarta District Court. Abstrak: Pembatalan Putusan Arbitrase Nasional Oleh Pengadilan Negeri. Pasal 70 Undang-Undang Nomor 30 Tahun 1999 Tentang Arbitrase dan Alternatif Penyelesaian Sengketa, menyatakan bahwa putusan arbitrase hanya dapat dibatalkan jika diduga mengandung unsur-unsur surat/dokumen palsu, atau ditemukan dokumen yang disembunyikan oleh pihak lawan, atau putusan yang diambil dari hasil tipu muslihat yang dilakukan oleh salah satu pihak dalam pemeriksaan sengketa. Untuk membuktikan ada atau tidaknya salah satu dari tiga unsur diatas harus dibuktikan dengan putusan pengadilan. Apabila Pengadilan Negeri menyatakan bahwa alasan-alasan tersebut terbukti, maka putusan arbitrase dapat dibatalkan, apabila tidak terbukti, maka Pengadilan Negeri harus menolak permohonan pembatalan putusan arbitrase. Akan tetapi dalam pelaksanaannya, Pengadilan Negeri masih ada yang menerima permohonan pembatalan arbitrase di luar konteks pasal 70 Undang-Undang No 30 Tahun 1999 sebagaimana tertuang dalam putusan Pengadilan Negeri Jakarta Selatan. DOI: 10.15408/jch.v1i2.1472

scholarly journals Conflicting models for mission and reconciliation: Future perspectives

2016 ◽  
Vol 2 (2) ◽  
pp. 621-644
Author(s):  
P Verster
Keyword(s):  
Social Justice ◽  
South African ◽  
Social Gospel ◽  
The Other ◽  
Future Perspectives ◽  
The South ◽  
Other Hand ◽  
In Christ ◽  
The One ◽  
The Church

The debate between proponents of the ecumenical movement on the one hand and the evangelical movements on the other, often led to different models of reconciliation. On the one hand, social upliftment was regarded as essential in any view on reconciliation. Without a deeply entrenched “social gospel” no reconciliation was deemed possible. Evangelicals, on the other hand, were of the opinion that no reconciliation is possible without conversion and acceptance of the atonement in Christ. This debate has since waned, because both groups have in some instances accepted views from the other side, as stated by David Bosch. However, differences remain in the models for reconciliation, even in the South African church communities. Emphases on social justice and restitution viewed from a specific theological point are often contrary to the view that true reconciliation is only possible if the church proclaims conversion to God and the acceptance of the atonement in Jesus, who is the only Saviour. Evaluating the essence of reconciliation, as put forward by Paul in the Letter to the Romans, might give an acceptable view for future reconciliation.

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