Mediation as a key conflict resolution system to address the increase in litigation as a result of COVID-19

2021 ◽  
pp. 113-135
Author(s):  
Geraldine Bethencourt Rodríguez
Author(s):  
Tlou Maggie Masenya

African tribal societies still rely upon indigenous conflict resolution systems as well as cultural sources to uphold the values of peace, tolerance, solidarity, and respect for one another. The purpose of this chapter was to examine the efficacy of indigenous conflict resolution systems in building peace and promoting social solidarity among indigenous communities in South Africa. Data collection was largely based on critical review of literature relating to the application of indigenous conflict resolution systems in resolving conflicts among indigenous communities. Social capital, Ubuntu, and social solidarity were also used as underpinning theories to guide the study. Findings revealed territorial expansion, resource competition, inheritance or land boundaries, misunderstanding over succession, indebtedness, chieftaincy, adulterous affairs, family property, breach of contract, murder, allegations of bewitchment, theft, matrimonial fall-outs, and cattle raiding as the main causes of violence conflict in indigenous communities. However, the absence of clear policy in the application of indigenous conflict resolution system has been found to be a limiting factor, although these systems are effective in resolving conflicts, building peace, and promoting social solidarity among indigenous communities. Socio-cultural norms and values embedded in indigenous communities have remained an integral part of every organized society. The study thus recommended the establishment of indigenous institutions of governance based on norms, values and principles of conflict resolution and peace building.


1970 ◽  
Vol 6 (3) ◽  
Author(s):  
Bjorn Gustavsen ◽  
Gerry Hunnius

The Norwegian industrial relations system is marked by close co-operation between the state, the employers and the unions and by the high degree of institutionalization of labour relations in general and conflict resolution in particulilr. This co-operation arises partly from industrialisation at a time when democratic attitudes and processes were already established and from the need for national unity in the post-war reconstruction. This co-operation and institutionalization is illustrated by the highly centralised trade union movement and in the formal aspects of the bargaining and conflict resolution system such as the Labour Court and the committees and other bodies associated with the incomes policy and tripartite bargaining system.


2021 ◽  
pp. 0143831X2110250
Author(s):  
Kristine J Olson ◽  
Benjamin Hopkins

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.


2018 ◽  
Vol 1 (39) ◽  
Author(s):  
Marcos Claro Da Silva ◽  
Tânia Lobo Muniz

RESUMOO artigo faz uma análise do sistema de solução de conflitos brasileiro, a partir dos pressupostos de estabelecimento do sistema multiportas de solução de conflitos norte-americano, representado principalmente pelo conceito de Tribunal Multiportas, a partir da realidade mundial na difusão dos métodos alternativos. Parte do exame dos meios alternativos de solução de conflitos dentro dessa perspectiva de profusão em todo o mundo, para depois delimitar como são tratados no Brasil. Após, apresenta o conceito de Tribunal Multiportas concebido nos Estados Unidos e sua aplicação concreta em alguns estados americanos. Ao final, sob os premissas delineadas, estabelece o grau de implantação do conceito de Tribunal Multiportas no Brasil, da forma como estabelecido nos Estados Unidos, apontando o grau de estabelecimento de um sistema judiciário multiportas.PALAVRAS-CHAVEConflitos de Interesse. Tribunal Multiportas. Acesso à Justiça. Meios Alternativos.ABSTRACTThis paper analyzes the Brazilian conflict settlement system, based on the assumptions of the establishment of the American multi-door conflict resolution system, represented mainly by the concept of multi-door courthouse, based on the diffusion of alternative methods on the world. It begins with an examination of the alternative methods of conflict resolution in the perspective of its profusion around the world and then delineate how they are treated in Brazil. After, it presents the concept of multi-door courthouse designed in the United States and its daily use in some American states. In the end, in the light of the delimited premises, establishes the degree of implementation of the concept of multi-door courthouse in Brazil, as it's established in the United States, pointing the degree of establishment of a multi-door judicial system.KEYWORDSDisputes. Multi-door Courthouse. Justice Access. Alternative Dispute Resolution.


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