Reforming the Dispute Resolution System for Access to Justice: From the Perspective of Promotion of Mediation in Korea

There is currently no uniform social security dispute resolution system in South Africa due to the piecemeal fashion in which schemes were established or protection against individual risks regulated. The result is that each statute provides for its own dispute resolution institution(s) and processes. There are also various gaps and challenges in the current social security dispute resolution systems, some of these relating to the uncoordinated and fragmented nature of the system; inaccessibility of some social security institutions; inappropriateness of some current appeal institutions; the lack of a systematic approach in establishing appeal institutions; a limited scope of jurisdiction and powers of adjudication institutions; inconsistencies in review and/or appeal provisions in various laws; an unavailability of alternative dispute resolution procedures; and an absence of institutional independence of adjudication institutions or forums. The system is therefore in need of reform. In developing an appropriate system, much can be learned from innovative experiences in comparative South African non-social security jurisdictions on the establishment of effective and efficient dispute resolution frameworks. Dispute resolution systems in the labour relations, business competition regulation and consumer protection jurisdictions have been established to realise the constitutional rights of their users (especially the rights of access to justice, to a fair trial and to just administrative action). They thus provide a benchmark for the development of the South African social security dispute resolution system.

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The evolution of alternative dispute resolution and online dispute resolution in the European Un

CES Derecho ◽

10.21615/cesder.12.1.1 ◽

2021 ◽

Vol 12 (1) ◽

pp. 3-17

Author(s):

Shamaise Peters

Keyword(s):

Dispute Resolution ◽

Alternative Dispute Resolution ◽

Consumer Trust ◽

Access To Justice ◽

The European Union ◽

Online Dispute Resolution ◽

The United Kingdom ◽

Resolution System ◽

Dispute Resolution System ◽

The Eu

The evolution of Online Dispute Resolution (ODR) as an augmentation from Alternative Dispute Resolution (ADR) may lead to an authentic paradigm shift in the way disputes are handled beyond the traditional court systems. To assess state of the art and convey awareness, this paper explores the regulatory landscape of the European Union (EU) using the United Kingdom and Estonia to illustrate the key advancements and shortcomings of the supranational strategy. It discusses the relationships between ADR capabilities and its productive use in ODR, the ODR deployment and adoption, and the consequences that may arise if dispute resolution technologies leapfrog. The paper also speaks of automation and suggests the need to build integrative models into Artificial Intelligence (AI) - powered ODR platforms. It is apparent that the early challenges in the development of the ADR culture in the EU are still unresolved, affecting the proper integration of ADR principles and ODR technologies. A more effective coupling could be expected to smooth digital trade interactions by increasing access to justice and consumer trust in the redress capacities of the Dispute Resolution System (DRS) as a whole.

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Tax Appeal Proceedings before the Federal Tax Appeal Commission in Ethiopia: Critical Reflections

Mizan Law Review ◽

10.4314/mlr.v14i2.2 ◽

2020 ◽

Vol 14 (2) ◽

pp. 201-238

Author(s):

Aschalew Ashagre Byness

Keyword(s):

Dispute Resolution ◽

Tax Administration ◽

Fair Play ◽

Access To Justice ◽

Federal Level ◽

Fair Treatment ◽

Resolution System ◽

Dispute Resolution System ◽

Critical Reflections

Under the 2016 Federal Tax Administration Proclamation (FTAP), it is by way of appeal that taxpayers reach the judiciary when they can show that the Federal Tax Appeal Commission (FTAC) has committed an error of law. As far as factual issues are concerned, the decision of the FTAC is thus final and conclusive. Ethiopia’s tax dispute resolution system has made improvements although there has been discontent on the part of taxpayers. This article examines the tax appeal processes at the federal level to see whether the processes enhance fair play between taxpayers and the tax authority. Specifically, the article evaluates whether there are clear and adequate procedural rules that ensure access to justice for aggrieved taxpayers and fair treatment by the Federal Tax Appeal Commission (FTAC). I argue that although there have been certain improvements made by the FTAP (as far as administrative appeal before the FTAC is concerned), there are still some critical shortcomings that have to be reconsidered.

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Pushing for Sustainability through Technology: administrative consensuality by default and online dispute resolutions tools

International Journal of Digital Law ◽

10.47975/ijdl/1souzareyna ◽

2021 ◽

Vol 2 (1) ◽

pp. 47-89

Author(s):

Cássio Castro Souza ◽

Justo Reyna

Keyword(s):

Public Administration ◽

Dispute Resolution ◽

Access To Justice ◽

Choice Architecture ◽

The Public ◽

Online Dispute Resolution ◽

Resolution System ◽

Dispute Resolution System

The Brazilian Public Administration is a repeat player and, often, predatory and strategic player. The behavior of the Public Administration is oriented towards the litigation and contributes to the increase in the congestion rate of the Judiciary, limiting access to justice. In this article, it was reflected whether a more adequate choice architecture could make the Public Administration start to show a more consensual and less litigious behavior. It was found that an architecture of choices appropriate to the greater promotion of access to Justice must create an administrative consensus by default, implemented based on an online dispute resolution system that presents an architecture of choices that makes the standard choice of individuals who wish to resolve a conflict with the Public Administration is self-composition.

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