Climate Change and Dispute Resolution Processes

Author(s):  
Hari M. Osofsky
2017 ◽  
Vol 25 (3-4) ◽  
pp. 658-671 ◽  
Author(s):  
Nicola Taylor

This article considers children’s right to participate in the context of private law disputes concerning their post-separation, day-to-day care and contact arrangements. In New Zealand the approach to ascertaining children’s views has been both long-standing and systematic for contested proceedings within the Family Court (via children’s legal representatives and judicial meetings with children). However, major reform of the family justice system in 2014 shifted the emphasis to new out-of-court processes for resolving post-separation parenting arrangements. The reforms were disappointingly silent on the issue of children’s participation in the new Family Dispute Resolution services, particularly mediation. A disparity has thus arisen between opportunities for children’s engagement in New Zealand’s in-court and out-of-court dispute resolution processes. Research evidence and international developments in Australia and England and Wales are reviewed for the guidance they can offer in remedying this in New Zealand and elsewhere.


1997 ◽  
Vol 27 (4) ◽  
pp. 585
Author(s):  
Claire Baylis

In this article, Claire Baylis examines the statutory models of mediation/conciliation in the Human Rights Act 1993 and the Employment Contracts Act 1991 which are used for sexual harassment complaints. She argues that the practice of mediating these complaints is inappropriate due to the incompatibility of the cha585he specific characteristics of most sexual harassment complaints. Further, an analysis of the actual dispute resolution provisions under the Acts raises other issues in the sexual harassment context. Finally, the author outlines some possible reforms to dispute resolution processes in this area.


2014 ◽  
Vol 4 (1) ◽  
pp. 69-77 ◽  
Author(s):  
Natalija Kaminskienė ◽  
Inga Žalėnienė ◽  
Agnė Tvaronavičienė

2007 ◽  
Vol 49 (5) ◽  
pp. 673-686 ◽  
Author(s):  
Sean Cooney

This article examines some of the factors contributing to the widespread compliance failures experienced by Chinese labour law. It focuses on the nature of the legal rules and the structure of state and quasi-state institutions charged with implementing the law. While the basic legal framework regulating labour in China appears designed to prevent many abuses, the lack of settled detail inhibits effective enforcement. The labour inspectorate, formal dispute resolution processes and the official trade union organization each suffer from weaknesses reducing their capacity to elicit compliance with the law. Some improvements to the law and the institutions are already being implemented. The article suggests further areas of reform that may increase compliance, within the constraints of China's current political realities.


2011 ◽  
Vol 53 (5) ◽  
pp. 718-732 ◽  
Author(s):  
Therese MacDermott ◽  
Joellen Riley

This article examines the dispute resolution practices of Fair Work Australia that are evolving to deal with individual workplace rights, as its traditional role shifts away from conciliating and arbitrating collective industrial disputes. The workplace rights enshrined in the ‘general protections’ provisions in Part 3-1 of the Fair Work Act 2009 protect employees and prospective employees from any ‘adverse action’ taken against them because they are exercising a workplace right, or because they fall within one of the protected categories, such as the right to be free from discrimination. A broad range of alternative dispute resolution processes is now available to Fair Work Australia in dealing with such disputes. Alternative dispute resolution processes are seen as a way of avoiding costly and time-consuming litigation, and in some circumstances can improve access to justice for individuals. This article explores whether Fair Work Australia is likely to adopt different dispute resolution approaches from its traditional conciliation practices when managing ‘general protections’ applications, and whether the framework for dealing with these disputes will facilitate fair recognition and enforcement of workplace rights.


1996 ◽  
Vol 39 (2) ◽  
pp. 249-262 ◽  
Author(s):  
Julia M. Wondolleck ◽  
Nancy J. Manring ◽  
James E. Crowfoot

Citizen groups that participate in alternative dispute resolution processes have overcome many of the barriers described in Sherry Arnstein's classic article, “A Ladder of Citizen Participation.” A well-structured collaborative process can remedy some of the imbalances and other stumbling blocks inherent in traditional forums, broadening the issues considered as well as the potential solutions. At the top of the ladder, there exists a three-runged extension of choices. First citizens must make the strategic choice whether or not to participate in the dispute resolution process. Second, if they choose to participate, citizens must then determine how to do so effectively. Citizen representatives can significantly influence the outcome of a negotiation if they pay attention to the critical components comprising the dispute settlement process and ensure that these are satisfactory at the outset. They must also maintain effective communication with their constituencies. At the third rung, citizen groups confront the need for continued involvement, both to ensure implementation of any agreements reached, as well as to capitalize on the productive working relationships and opportunities for further influence provided by their participation in this process.


2021 ◽  
pp. 291-308
Author(s):  
Anna Nylund

AbstractBased on the insights from the previous chapters in this volume, this concluding chapter discusses key traits of Nordic courts: colloquial legal language, generalist judges, ‘unrefined’ and fragmentary laws, high trust in the state and judges, and corporatism. The development of these traits over time is explored as well as the emergence of new traits that could be labelled ‘Nordic’. It also discusses how two current trends—Europeanisation and privatisation of dispute resolution processes—influence Nordic courts. The question whether a unified Nordic procedural culture still exists is raised. Finally, the future of Nordic courts is discussed.


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