§ 278a ZPO als Schnittstelle zwischen Gerichtsverfahren und außergerichtlicher Mediation

2019 ◽  
Author(s):  
Clemens Bushart
Keyword(s):  
Conflict Resolution ◽  
Conflict Management ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Civil Procedure ◽  
Court Proceedings

Choosing the appropriate conflict resolution procedure is paramount to proper and effective conflict management. An important impetus for the choice of the most suitable procedure is provided by § 278a of the ZPO (Germany’s Code of Civil Procedure), which enables judges to suggest a range of out-of-court alternative dispute resolution procedures, including mediation. In this study, the author analyses the regulatory content of § 278a of the ZPO as well as the function and potential of the provision to act as an interface between court proceedings and extrajudicial mediation. Using the finding that judges rarely propose that litigants switch to extrajudicial mediation, the author empirically examines the reasons for the cautious application of § 278a of the ZPO and develops a set of comprehensive recommendations to optimise the procedural interface.

scholarly journals Gazdasági- és egyéb szervezetek konfliktusainak és rendezési lehetőségeinek összevetése

2021 ◽  
Vol 33 (1) ◽  
pp. 89-118
Author(s):  
Zsuzsanna Rákóczy
Keyword(s):  
European Union ◽  
Conflict Resolution ◽  
Conflict Management ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Pilot Project ◽  
English Studies ◽  
Comparison Study ◽  
The European Union ◽  
Economic Organizations

This present study draws findings on possible ways of alternative dispute resolution (ADR) in economic and other “non-economic” organizations. The research analyzed (1) conflicts in organizations, (2) methods of conflict resolution, (3) actors who support the management of conflict management, (4) trust between parties, (5) knowledge of ADR, and (6) additional possible – Hungarian sector-specific – circumstances. There is no such comparison study of economic and ’non-economic’ organizations in Hungary, as well as there is also absence of English studies about the neighbor post-socialist countries of the European Union. The last one was carried out 10 years ago as a pilot project to introduce ADR in Hungary, so with this research, some relevant ideas were carried out that can contribute to the more efficient implementation of domestic efforts.

scholarly journals The development of conflict resolution practices in Irish workplaces

2016 ◽  
Vol 64 (3-4) ◽  
pp. 61-89
Author(s):  
William K. Roche
Keyword(s):  
Conflict Resolution ◽  
Conflict Management ◽  
Dispute Resolution ◽  
Support Services ◽  
Alternative Dispute Resolution ◽  
Professional Training ◽  
Multinational Firms ◽  
Management Systems ◽  
Workplace Conflict ◽  
Recent Emergence

Abstract This paper examines the development of procedures for conflict resolution in workplaces in Ireland and the more recent emergence of alternative dispute resolution (ADR) practices. Based on a synthesis of data from a series of studies and on a review of reports of conflict resolution innovations, the paper shows how conventional procedures for resolving collective disputes and individual employment grievances had become almost standard by the 1980s, while a series of ADR practices became features of conflict resolution from the 1990s. The changing character of conflict resolution procedures and practices is attributed to a series of influences that include the professionalisation of personnel and human resource management, the changing pattern and context of workplace conflict, the growing importance of multinational firms, and the emergence of professional training and expertise in the provision of ADR support services. The paper projects a continuing rise in the incidence and use of ADR practices but questions the extent to which organisations in Ireland are likely to adopt conflict management systems based on integrated sets of conflict resolution practices.

scholarly journals The Effectiveness of Traditional Somali Justice-Based Conflict Management Mechanisms Influencing Peace-Building Strategies in Garissa County, Kenya

2018 ◽  
Vol 5 (9) ◽  
pp. 4992-4997
Author(s):  
Zachous Mboche Wanyoike ◽  
Kennedy Onkware ◽  
Pontian Godfrey Okoth
Keyword(s):  
Conflict Resolution ◽  
Conflict Management ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Peace Building ◽  
Northern Kenya

The Somali community that inhabits northern Kenya have over the years solved their conflicts through alternative dispute resolution mechanisms that have been key in helping members of these community live together in harmony . However, modernity has made it difficult for the continual use of this method despite its traditional effectiveness. This study there aimed at shading light on the effective ness of TSJBCM in a world where the formal modes of dispute resolution such as courts have taken over. The study was conducted in Dujis constituency in Garissa county where the respondents were mainly ethnic Somalis. The results of the study indicated that TSJBCM had proved effective especially in cases where the formal modes of conflict resolution had failed.

scholarly journals The Role of Alternative Dispute Resolution in Trans-Boundary Land Dispute: The Case of Ikot Idaha and Osuk Ediene Communities in Akwa Ibom State, Nigeria

2019 ◽  
Vol 17 (2) ◽  
pp. 68-78
Author(s):  
R.E Ukpong-Umo ◽  
I.U Udobia ◽  
A.O Agwu
Keyword(s):  
Conflict Resolution ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Monitoring And Evaluation ◽  
Mediation Process ◽  
Interview Method ◽  
Land Dispute ◽  
The People ◽  
Content Analysis Method ◽  
Border Conflicts

The perennial land dispute of Ibime Water Trench, a trans-boundary land area between Ikot Idaha and Osuk Ediene Communities in Ikono Local Government Area of Akwa Ibom State has led to discord, hatred and dissonance over several years in the past. Despite repeated efforts by both parties to identify and resolve the underlying issues and contain the problem, it was found to have recurred after a period of seeming calm. This paper therefore aims at investigating and identifying the underlying factors that trigger recurrent trans-border conflicts between Ikot Idaha and Osuk Ediene Communities and the application of Alternative Dispute Resolution (ADR), using the Mediation Technique in conflict resolution. Data were elicited through the indept interview method and analysed using the content analysis method. Result shows that through the Mediation process, both disputing parties were able to resolve their differences and have been living and sharing in the Ibime water resources together and peacefully for over thirty years. In line with the theory of Conflict Resolution, the development of Impact Sensitive Outcome Mapping as a form of monitoring and evaluation was adopted to serve as an intervention to proffer a lasting solution for a peaceful coexistence among the people of both communities.

Alternative Dispute Resolution in Nigeria: an Emerging Trend

2021 ◽  
Vol 3 (5) ◽  
pp. 85-102
Author(s):  
Edim Isua
Keyword(s):  
Conflict Management ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Management Group

This paper establishes the fact that Alternative Dispute Resolution (ADR) is evolving in Nigeria. It highlights the growing acceptance of ADR mechanisms for resolution of conflicts in the Nigerian legal system. It talks about the origin and development of the concept of ADR, Arbitration institutions, the “Multi-Door” Courthouse (MDC), the Negotiation & Conflict Management Group (NCMG), ADR agreements, application of ADR mechanisms, as well as the limitations on the use of ADR in Nigeria. In all, this research is an eyeopener to the benefits of ADR in Nigeria and seeks to encourage its full use in the country.

Part II The Member State Reports on Transposition of the Directive, 16 Spain

2018 ◽  
Author(s):  
Marcos Francisco
Keyword(s):  
Member State ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Competition Law ◽  
Civil Procedure ◽  
General Overview ◽  
Full Compensation ◽  
The Right

This chapter examines the transposition of the Antitrust Damages Directive in Spain. It begins with a general overview of the transposition process, focusing on the Transposition Decree that inserts new articles in the Defence Competition Act of 2007 and in the Civil Procedure Act. It then describes the material, territorial, and temporal scope of the Transposition Decree before analysing the main issues concerning antitrust damages claims affected by the Transposition Decree or that may be relevant in future actions for damages, such as those relating to the jurisdiction of competent courts to decide damages claims based on infringements of competition law, the right to full compensation, joint and several/parental liability, passing-on of the harm and claims by indirect purchasers/suppliers, the limitation period for bringing damages claims, the use of alternative dispute resolution procedures, measures to facilitate claims, and collective claims and consumer redress.

5. Alternative Dispute Resolution

2019 ◽  
pp. 51-67
Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Early Stage ◽  
Civil Procedure ◽  
Different Types

This chapter deals with the methods by which the Civil Procedure Rules (CPR) encourage parties to settle their disputes at an early stage and, ultimately, without proceeding trial. It also looks at the methods of dispute resolution that may be available. The chapter includes a detailed look at the most common dispute resolution methods. Further, it covers the different types of alternative dispute resolution (ADR); the integration of ADR into the CPR; the philosophy of ADR; and a detailed look at mediation.

5. Alternative dispute resolution

2017 ◽  
Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Early Stage ◽  
Civil Procedure ◽  
Different Types

This chapter deals with the methods by which the Civil Procedure Rules (CPR) encourage parties to settle their disputes at an early stage and, ultimately, without proceeding trial. It also looks at the methods of dispute resolution that may be available, including a more detailed look at the most common ones. It covers the different types of alternative dispute resolution (ADR); the integration of ADR into the CPR; the philosophy of ADR; and a detailed look at mediation.

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