Zeitschriftenartikel zum Thema „Modes of dispute resolution“
Um die anderen Arten von Veröffentlichungen zu diesem Thema anzuzeigen, folgen Sie diesem Link: Modes of dispute resolution.
Geben Sie eine Quelle nach APA, MLA, Chicago, Harvard und anderen Zitierweisen an
Machen Sie sich mit Top-50 Zeitschriftenartikel für die Forschung zum Thema "Modes of dispute resolution" bekannt.
Neben jedem Werk im Literaturverzeichnis ist die Option "Zur Bibliographie hinzufügen" verfügbar. Nutzen Sie sie, wird Ihre bibliographische Angabe des gewählten Werkes nach der nötigen Zitierweise (APA, MLA, Harvard, Chicago, Vancouver usw.) automatisch gestaltet.
Sie können auch den vollen Text der wissenschaftlichen Publikation im PDF-Format herunterladen und eine Online-Annotation der Arbeit lesen, wenn die relevanten Parameter in den Metadaten verfügbar sind.
Sehen Sie die Zeitschriftenartikel für verschiedene Spezialgebieten durch und erstellen Sie Ihre Bibliographie auf korrekte Weise.
1
Gronic, Irina A. „Transforming Digital Dispute Resolution in India“. RUDN Journal of Law 27, Nr. 4 (01.12.2023): 1113–24. http://dx.doi.org/10.22363/2313-2337-2023-27-4-1113-1124.
Annotation:
The era of digital reality offers and shapes new dispute resolution mechanisms, imposes high demands and sets its own rules to be complied with. The introduction of information and communication technologies and artificial intelligence into judicial and out-of-court dispute resolution proceedings in India has shown innovative results quite rapidly. Transformation of digital modes of dispute resolution continues with new research and development of modern technologies that strive for excellence. The purpose of this study is to analyze transformation of digital dispute resolution methods in India, considering the historical evolutionism that led from the Vedic era to the global digital revolution, formation of a hybrid model that combines several modes of dispute resolution - offline courts, online courts and online dispute resolution using digital technologies and alternative dispute resolution methods. However, the digital system is far from being perfect; it has significant drawbacks associated with the risks of cyber-attacks and leakage of personal data containing sensitive confidential and personal information. Besides, the digital literacy of the Indian population located on the periphery is quite low, which greatly reduces the level of trust in electronic courts and online dispute resolution.
2
Mantaha Mohammed Afif, Mantaha Mohammed Afif. „Alternative Dispute Resolutions for Insurance disputes – Reconciliation and mediation as a model –: الوسائل البديلة لتسوية المنازعات التأمينية – الصلح والوساطة نموذجاً –“. مجلة العلوم الإقتصادية و الإدارية و القانونية 6, Nr. 6 (28.02.2022): 149–64. http://dx.doi.org/10.26389/ajsrp.n300821.
Annotation:
The aim of the study to highlight the role of alternative means in the settlement of disputes in general and insurance disputes in particular and their effectiveness in ending the dispute and the statement of procedures used to resort to alternative means, and the researcher used the comparative analytical approach between Saudi Arabia in the adoption of reconciliation as a means An alternative alternative to dispute resolution and comparison with the Hashemite Kingdom of Jordan in the use of mediation as an alternative means of dispute resolution, by introducing alternative means of dispute resolution and its importance and with the statement of appropriate means to settle insurance disputes with the study of reconciliation procedures and mediation in the settlement of insurance disputes, the researcher reached the success of the outcomes of alternative means through settlement records or reconciliation records that express an executive basis ending the dispute after its approval by the competent authority, the researcher recommends The need to regulate alternative means of dispute resolution in Saudi Arabia within a regulated legal framework that deals with mediation, reconciliation and many friendly means of dispute resolution, in addition to spreading the culture of alternative means of dispute resolution to society and urging recourse to them.
3
Ojo, Samuel Olugbenga. „Alternative Dispute Resolution (ADR): A Suitable Broad Based Dispute Resolution Model in Nigeria; Challenges and Prospects.“ International Journal of Conflict Management 4, Nr. 1 (01.05.2023): 50–62. http://dx.doi.org/10.47941/ijcm.1253.
Annotation:
Purpose: Due to the flaws in the traditional judicial system, the use of Alternative Dispute Resolution (ADR) methods is gaining popularity among scholars and lawyers around the world. Most scholarly articles have examined the inherent advantages of Alternative Dispute Resolution (ADR) techniques over the traditional judicial processes for resolving different types of conflict. Despite the increasing frequency and classification of conflicts in Nigeria, little research has been conducted on the reasons for, and barriers to, disputants' use of alternative dispute resolution (ADR) systems as viable options. Given the complexity of the nature and structure of disputes in Nigeria, this research delves into the factors that push and pull litigants into the use of Alternative Dispute Resolution (ADR).
Methodology: This study utilized an explanatory research approach to investigate the many distinctive kinds of conflicts and match them with the most relevant ADR procedures. In particular, property disputes, family conflicts, and business disagreements were investigated.
Findings: According to the findings, Alternative Dispute resolution (ADR) may lead to a considerable reduction in the amount of time and expense of the dispensation of justice that addresses unfairness in the system of criminal justice administration, ultimately resulting in positive social change.
Contributions to Theory, Policy and Practice: The study concludes that Alternative Dispute Resolution (ADR) processes have significant potentials for handling the growing number of disputes. However, it is necessary to address their shortcomings as well as facilitate collaboration between the practitioners and the regular courts. It would improve social stability and guarantee satisfaction for the perpetrator, the victim, the community, and society as a whole if this were done. The study recommended, among other things, that the general public and litigants be educated on the inherent advantages of Alternative Dispute Resolution (ADR) in the resolution of conflicts.
4
Polenchuk, Mariia Dmitrievna. „Tax Treaty Dispute Resolution Procedures“. Налоги и налогообложение, Nr. 2 (Februar 2023): 52–69. http://dx.doi.org/10.7256/2454-065x.2023.2.38324.
Annotation:
The subject of the work is a comparative analysis of the OECD approach and the EU approach to the resolution of international tax disputes. The research is conducted on the basis of the provisions of the OECD Model Tax Convention, the OECD Multilateral Tax Convention, the EU Arbitration Convention and the EU Directive. The purpose of the work is to find the most effective mechanism for resolving international tax disputes in terms of ensuring the protection of taxpayers' rights in the dispute resolution procedure. The methodological basis of the work was made up of general scientific (analysis, classification, synthesis, deduction, induction, analogy), private scientific (system method) and special legal (formal legal and comparative legal) methods of scientific research. The scientific novelty of the work suggests the proposal and justification as a way to increase the effectiveness of the resolution of international tax disputes, the use of mediation in a mutually agreeable procedure with the provision of the taxpayer with the possibility of direct participation in the dispute resolution procedure. Based on the results of the study, the author came to the following conclusions. The practice of applying the mutual agreement procedure and arbitration shows that this dispute resolution mechanism has a number of significant drawbacks. In order to improve the efficiency of dispute resolution, the OECD and the EU are striving to develop mandatory arbitration and do not consider non-binding mechanisms, since they do not guarantee an agreement on the dispute. However, mandatory arbitration cannot be considered a universal instrument, since States see it as a threat to sovereignty. The experience of States that actively use mediation to resolve domestic tax disputes shows that mediation can also become an effective mechanism for resolving disputes at the international level, since it allows the parties to consider various aspects of the dispute from different sides. According to the author's position, the shortcomings of mediation outlined in the doctrine can be mitigated by granting the affected taxpayer the right to participate directly in mediation, presenting his position on the case.
5
Sasmiar, Sasmiar, Umar Hasan und Suhermi Suhermi. „LEGAL CERTAINTY OF ALTERNATIVE DISPUTE RESOLUTION MEDIATION“. Bengkoelen Justice : Jurnal Ilmu Hukum 14, Nr. 1 (08.04.2024): 25–44. http://dx.doi.org/10.33369/jbengkoelenjust.v14i1.33432.
Annotation:
If you look deeper into the substance of arbitration, the regulations are more dominant compared to the regulations regarding alternative dispute resolution. This arrangement is very important regarding the legal capacity of a mediator in carrying out his mediation function. Alternative dispute resolution in Indonesia is a tradition that has been implemented for a long time, such as in customary law in rural communities. An alternative model for resolving disputes in customary law communities is carried out by means of deliberation to reach a consensus. Dispute resolution through mediation is much more effective and efficient in terms of time, energy and costs when compared to dispute resolution through court. the process of resolving disputes through mediation is final and binding. The method used in this research is normative juridical. where doctrinal research is related to mediation within the framework of norms that have been abandoned or there is a legal vacuum. the rules regarding mediation are very simple while the legal requirements are increasing. the substance of the mediation arrangements is incomplete, such as arbitration. National legal product was regulated arbitration and alternative dispute resolution. in addition to being able to resolve civil disputes to general courts, there is also the possibility of submitting them through arbitration and alternative dispute resolution. laws arbitration and alternative dispute resolution such as mediation do not have legal certainty, because the substance of the mediation arrangements is incomplete. This is certainly detrimental to the disputing parties. Supreme Court regulated vacuum law to control this legal proceeding. The mediation process is carried out based on the practices that apply in the field. This is certainly detrimental to the disputing parties, and reduces public interest in resolving their disputes through mediation Keywords: Dispute Resolution; Mediation; Legal Certainty
6
Yarema, O. G. „Alternative forms of resolution of administrative and legal disputes“. Analytical and Comparative Jurisprudence, Nr. 1 (20.03.2024): 467–71. http://dx.doi.org/10.24144/2788-6018.2024.01.83.
Annotation:
Alternative forms of administrative-legal dispute resolution are considered in the article based on current legislation. The object of the study is public- legal relations that are formed in the process of resolving administrative-legal disputes. The subject of the research is the theoretical, organizational, legal and applied aspects of public legal regulation of alternative resolution of administrative-legal disputes. The purpose of the research is to build a theoretical model of alternative resolution of legal disputes. The methodological basis is a dialectical method of cognition using special scientific methods. In accordance with a generally systematic approach, comparative-legal, formal-legal methods were used. It is noted that the technology of alternative resolution of a legal dispute can be found out as a specially created and empirically based system of methods and rules of purposeful step-by-step activity in this direction and the very set of alternative forms of dispute resolution with a certain sequence of application. The resolution of administrative and legal disputes by state institutions of non-judicial protection is carried out by state bodies, local self-government bodies and officials whose activities are regulated by national legislation and departmental regulations. Administrative-legal disputes are classified according to the criteria of the bodies that resolve the dispute: those that are resolved in court, administratively, and conciliation procedures. The alternative way of resolving an administrative-legal dispute is proposed to be understood as a procedure for resolving administrative-legal disputes regulated by the norms of administrative and administrative- procedural law, which is not related to the exercise of public-authority powers by entities that are not parties to the dispute. The parties to the dispute may have public-authority powers, and the implementation of alternative resolution of administrative-legal disputes may be an element of administrative competence. Further research will be aimed at determining the possibilities of using digital technologies as an alternative form of administrative dispute resolution.
7
Widyastuti, Tiyas Vika, Eko Soponyono, Achmad Irwan Hamzani, Bambang Tri Bawono und Anis Mashdurohatun. „Industrial Relations Dispute Resolution Model in Indonesia“. Formosa Journal of Multidisciplinary Research 3, Nr. 2 (16.02.2024): 35–46. http://dx.doi.org/10.55927/fjmr.v3i2.8116.
Annotation:
This research aims to find out and examine industrial relations dispute resolution models in Indonesia. This research is normative legal research using a qualitative approach. The results of the research show that there are several types of disputes, namely Rights Disputes, Interest Disputes, Termination of Employment Disputes (PHK), Disputes between Trade Unions/Labor Unions. The author took the example of the case of PT Holcim Indonesia Tbk's unilateral layoff of its employees which was resolved through litigation in court. Industrial relations. With the enactment of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, there is a guarantee of protection for workers regarding the basic rights of workers/laborers and guarantees of equality, opportunity and equal treatment without discrimination on any basis.
8
Guan, Jianhua, Zuguo Yu, Yongan Liao, Runbin Tang, Ming Duan und Guosheng Han. „Predicting Critical Path of Labor Dispute Resolution in Legal Domain by Machine Learning Models Based on SHapley Additive exPlanations and Soft Voting Strategy“. Mathematics 12, Nr. 2 (14.01.2024): 272. http://dx.doi.org/10.3390/math12020272.
Annotation:
The labor dispute is one of the most common civil disputes. It can be resolved in the order of the following steps, which include mediation in arbitration, arbitration award, first-instance mediation, first-instance judgment, and second-instance judgment. The process can cease at any step when it is successfully resolved. In recent years, due to the increasing rights awareness of employees, the number of labor disputes has been rising annually. However, resolving labor disputes is time-consuming and labor-intensive, which brings a heavy burden to employees and dispute resolution institutions. Using artificial intelligence algorithms to identify and predict the critical path of labor dispute resolution is helpful for saving resources and improving the efficiency of, and reducing the cost of dispute resolution. In this study, a machine learning approach based on Shapley Additive exPlanations (SHAP) and a soft voting strategy is applied to predict the critical path of labor dispute resolution. We name our approach LDMLSV (stands for Labor Dispute Machine Learning based on SHapley additive exPlanations and Voting). This approach employs three machine learning models (Random Forest, Extra Trees, and CatBoost) and then integrates them using a soft voting strategy. Additionally, SHAP is used to explain the model and analyze the feature contribution. Based on the ranking of feature importance obtained from SHAP and an incremental feature selection method, we obtained an optimal feature subset comprising 33 features. The LDMLSV achieves an accuracy of 0.90 on this optimal feature subset. Therefore, the proposed approach is a highly effective method for predicting the critical path of labor dispute resolution.
9
Begum, Mehnaz, Shabir Ahmed Khan und Muhammad Zubair Khan. „Alternative Dispute Resolution in the Contemporary World“. Global International Relations Review V, Nr. III (30.09.2022): 11–16. http://dx.doi.org/10.31703/girr.2022(v-iii).02.
Annotation:
Rule of law and ADR are one of the benchmark in determining the underdeveloped world from the developed. Therefore, in today’s contemporary world, the role and application of alternative dispute resolution (ADR) is increasingly attracting attention in legal and academic discourses. Its application in various jurisdictions particularly is said to strengthen the rule of law. From a development perspective, the main aim of ADR is to increase the possibilities and opportunities for the underprivileged to attain maximum social, economic and legal rights in their daily lives. This in turn helps the rule of law to sustain and consolidate contributing to human security, well-being, and dignity- a vital component for progress and socio-economic developed. ADR modes in a supplementary component in legal domain such as commercial arbitration and court-annexed mediation in civil litigation, also provides immense benefits for development.The purpose of this paper is to briefly review the efficacy of ADR modes in different jurisdictions. It then examines how ADR impacts the rule of law. The paper finds that the adoption of various ADR modes has made a considerable impact in various jurisdictions.
10
Gao, Yuanfei, und Yuan Liu. „Construction and Application of International Commercial Dispute Resolution Mechanism Model“. Security and Communication Networks 2022 (12.04.2022): 1–12. http://dx.doi.org/10.1155/2022/2978056.
Annotation:
In specific judicial practice, the ODR mechanism has played an important role in the settlement of e-commerce disputes and network disputes. However, ODR is still in the exploratory stage in many aspects, and it is inevitable that there will be some problems. This article focuses on the A priori algorithm and frequent pattern growth algorithm in association with rule mining learning. The shortcomings of A priori algorithm and frequent pattern growth algorithm are described and researched accordingly, and an improved algorithm for learning A priori association rules based on matrix is proposed. By analyzing the international commercial dispute resolution mechanism in the Internet era, this article constructs an international commercial dispute resolution mechanism platform. By analyzing the process of disputes in foreign trade e-commerce transactions, this article proposes a method to automatically capture gateway dispute information through automated management system tools to improve the efficiency of the gateway. The algorithm in this paper scans the transaction database only once, and according to the matrix structure, it performs the logical AND operation of the row vector representing the data item in the matrix, and it learns frequent item sets quickly and accurately. The entire process effectively reduces the time consumption and space occupation required for frequent item set learning. According to the effective measurement method of the association rules, the effective association rules are extracted from the frequent item set. Through the realization of functions such as allocation, viewing, dispute handling, and statistics in the management tool, the progress and processing efficiency of the gateway dispute handling can be effectively managed. In addition, this article gives the dispute handling process of the website itself, adds the process of automatic completion of disputes by buyers and sellers through agreements, and improves the tools of the CS manual handling management system. The data results show that the method in this paper greatly improves the efficiency of handling disputes in foreign trade e-commerce transactions.
11
Palanissamy, Ayyappan, und Kesava Moorthy. „Consumer Dispute Resolution in Cyberspace - Trends and Developments“. International Conference on Advances in Business, Management and Law (ICABML) 2, Nr. 1 (02.03.2019): 120–27. http://dx.doi.org/10.30585/icabml-cp.v2i1.253.
Annotation:
Developments and advancements in the ICT environment has led to high increase in electronic commerce. Cyber contractual disputes also emerge rapidly and this challenge the traditional consumer protection systems in terms of redressal and remedies. To protect consumers rights and interests, ADR mechanisms can be used which can overcome the difficulties confronted in the traditional litigation process. Dispute resolution in internet contracts can take place online either entirely or partly. There are various mechanisms available to resolve disputes which can protect disputants’ interests and rights absolutely. As the cyber environment usage continues to expand, it is utmost important to design effective mechanisms for resolving online commercial disputes because traditional adjudicatory process can be time consuming, expensive and may raise jurisdictional problems. Though the current trends and practice in the field of online dispute resolution exists, it appears that there are various aspects relating to which are yet to be clarified. This article aims to present a national and international scientific literature review on the models of Dispute Resolution mechanisms, discusses the use of Alternative dispute resolution systems (including ODR), types of procedure and mechanisms adapted for dealing with commercial disputes in India. It also looks into the international frameworks available with redressal systems and its effectiveness in dealing with cross border disputes.
12
Triana, Nita. „Reconstructing Sharia Economic Dispute Resolution Based on Indonesian Muslim Society Culture“. Ijtimā'iyya: Journal of Muslim Society Research 2, Nr. 1 (31.03.2017): 107–28. http://dx.doi.org/10.24090/ijtimaiyya.v2i1.1099.
Annotation:
This paper describes the settlement of disputes in the field of Islamic economy based on Indonesian Muslim society culture. The research method used is Library research with normative juridical approach. In business, whether based on conventional or sharia, conflict or dispute sometimes happens and can not be avoided. The settlement of disputes in the Court, takes a long time, the cost is huge and the result is a win-lose, resulting in a sense of unfairness to either party. For that Sulh (peaceful) in resolving the dispute sharia economy becomes the choice of the sharia economic actors if there is a dispute between the parties. Sulh (peace) can be developed with various models, such as negotiation, mediation or arbitration. This dispute resolution model is more acceptable to the society, because philosophically the values of Sulh (peace) already exists intrinsically in the culture of Indonesian society which prioritizes deliberation and harmony in the life of society.
13
Gill, Chris, Jane Williams, Carol Brennan und Carolyn Hirst. „Designing consumer redress: a dispute system design (DSD) model for consumer-to-business disputes“. Legal Studies 36, Nr. 3 (September 2016): 438–63. http://dx.doi.org/10.1111/lest.12116.
Annotation:
This paper proposes a model for designing consumer dispute resolution (CDR) mechanisms (including conciliation, adjudication, arbitration and ombuds schemes). This field has expanded significantly in recent years, replacing courts as the primary forum of dispute resolution in some areas of consumer-to-business activity. This expansion has been ad hoc, with a lack of consistency in the design of CDR mechanisms and in the overall shape of the CDR landscape. In light of the recent implementation of the EU's Directive on Consumer Alternative Dispute Resolution and Regulation on Consumer Online Dispute Resolution, Dispute System Design (DSD) requires urgent attention to ensure that the design of future mechanisms is based on coherent principles. A failure to address this issue risks undermining the legitimacy of state-sanctioned dispute resolution. The model described in this paper proposes a systematic approach and aims to: synthesise existing DSD models; apply the concepts of DSD to the field of CDR; and provide a framework that may be of use in other disputing contexts.
14
Woodman, Gordon R. „The alternative law of alternative dispute resolution“. Les Cahiers de droit 32, Nr. 1 (12.04.2005): 3. http://dx.doi.org/10.7202/043064ar.
Annotation:
The perceptions afforded by the study of legal pluralism assist an understanding of the full scope and the social and moral significance of alternative dispute resolution. The latter term includes all modes and forms of dispute resolution within the legal order of the state other than the usual forms of adjudication by the ordinary courts. These modes may be classified in relatively wide and fluid categories as other forms of adjudication, and arbitration, mediation and negotiation. However, alternative dispute resolution also includes instances of all these processes which are not established, adopted, or made effective by the state. The study of legal pluralism throughout the world shows that almost everywhere are many such instances, generated within many semi-autonomous social fields other than the state, and falling into all the listed categories. The study of legal pluralism further suggests that the different dispute settlement processes are likely to be associated with different bodies of legal norms. There is evidence that to some extent alternative state processes employ different bodies of laws. The evidence also shows that non-state processes employ bodies of norms which always differ, and may differ widely from those of state law. While legal centralism denies these norms the name of "laws", there seems no good reason not to classify such rules and principles, which order relations within social fields other than the state, as "customary law", or by some similar term. Alternative dispure resolution processes have been lauded as enhancing the effectiveness of the law, providing wider access to justice or law. However, if the argument presented here is correct, it is not sufficient to represent them as implementing "the law". Rather each implements a different variety of law. The social functions of these different laws of different dispute resolution processes, both state and non-state, vary, and so need investigation in each particular case. Whether any law is to be approved as affecting power relations in the society concerned is similarly a matter for investigation. While it has been suggested that alternative dispute resolution processes can confer on the weak and underprivileged an opportunity to assert their interests, it has been argued against such a view that they may provide opportunities for the already powerful to increase their powers, free of the restraining influence of regular state courts. On the other hand, state processes may at certain historical moments be manipulated by the weak to their advantage. Non-state processes may, also in special circumstances, empower collectively the members of the social fields in which they operate.
15
Peters, Shamaise. „The evolution of alternative dispute resolution and online dispute resolution in the European Un“. CES Derecho 12, Nr. 1 (23.08.2021): 3–17. http://dx.doi.org/10.21615/cesder.12.1.1.
Annotation:
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.
16
Pilotti, Maura A. E., Khadija El Alaoui, Muamar Hasan Salameh, Sukhsimranjit Singh und Huda Al Mulhem. „The New and the Old: A Qualitative Analysis of Modes of Conflict Resolution in the Kingdom of Saudi Arabia“. International Negotiation 25, Nr. 2 (28.05.2020): 329–44. http://dx.doi.org/10.1163/15718069-25131246.
Annotation:
Abstract Using a case study method, we examine how practitioners, including judges, arbitrators and community mediators, view dispute resolution in the Kingdom of Saudi Arabia (KSA). The goal of this study is to assess whether traditional approaches to dispute resolution coexist with or are discarded for imported modes. Participants were selected through convenience sampling. Structured interviews involved (a) participants’ general theoretical foundations, (b) key principles that govern their professional role, (c) their views of different roles, and (d) the extent to which traditional modi operandi persist. The results highlight the dominance of principles and practices of Sharia law over common law. Although the use of formal Western procedures was reported in commercial disputes and rarely in family and tribal matters, implementation was undeniably shaped by religious and kin-based social habits and values.
17
Praptianingsih, Sri, und Fauziyah Fauziyah. „THE DISPUTE RESOLUTION MODEL OF VILLAGE HEAD ELECTION THROUGH NON LITIGATION“. Tadulako Law Review 2, Nr. 1 (30.06.2017): 25. http://dx.doi.org/10.22487/j25272985.2017.v2.i1.7847.
Annotation:
Article Number 6 of 2014 clauses 37 verses (5) and (6) provides that the regent in the district must resolve the dispute over the election result of the village head within 30 days. At the district level, the Regional Regulations governing the settlement of village head election disputes and regulations are effective in the dispute profession.However, the laws and regulations at the local / district level have not yet clearly defined the form / format of the outcome of the dispute over the election of the village mayors. The specific purpose of this research is to formulate the model form in the effort to solve the disputes of Village mayors Election by doing syncretism of existing strategy. The Urgency of this research that is (a) need to build juridical system in handling dispute of village head election; (b) the synchronization of district regulations governing the handling of village head election disputes both vertically and horizontally (c) needs a dispute resolution strategy by developing a model of settlement that provides protection of constitutional rights and ensures that government agenda.Research activities in Jember, Bondowoso and Lumajang districts, with a total sample of 150 people. Data collection techniques use Participatory Action Research (PAR) and Focus Group Discussion (FGD) methods. The Data analysis technique using qualitative analysis.The result of this research is the policy of settlement of disputes of village head election is set forth in juridical instrument at local level, result of settlement stated in peace agreement.This Agreement is then submitted to the Court for the issuance of the Deed of Peace in order to ensure the validity of the legal force for the parties.
18
Franck, Susan. „Reforming World Bank Dispute Resolution: ICSID in Context“. Michigan Journal of International Law, Nr. 44.3 (2023): 349. http://dx.doi.org/10.36642/mjil.44.3.reforming.
Annotation:
During a tumultuous moment in history with shifts in power and politics, international dispute settlement stands at a crossroads. In theory, international dispute settlement should not institutionalize abuses of power, rely upon a monolithic one-size-fits-all model, or be a waste of resources, which will inevitably generate stakeholder dissatisfaction. Rather, dispute resolution should reflect both a commitment to the rule of law and equal treatment that sustains nuanced, fair, and just procedures most likely to provide results of substantive quality. Against this backdrop and with the major reforms concluded in July 2022, this article explores the reality of dispute resolution at the World Bank’s International Centre for Settlement of Investment Disputes (“ICSID”) using an evidence-based, historical lens. Rather than distort ICSID’s past to offer cognitive ease, this article uses primary sources to understand dispute resolution at the World Bank and the broader implications for international dispute settlement and alternative dispute resolution. Using an evidence-based, historical lens to promote an accurate understanding of procedural and substantive distinctions, international investment law and international dispute resolution can facilitate accurate, useful, and responsive reform, rather than letting myopia, manipulation, and mismanaged expectations control the future of international dispute settlement.
19
Thomson, Mark. „Alternative modes of delivery for family dispute resolution: The Telephone Dispute Resolution Service and the online FDR project1“. Journal of Family Studies 17, Nr. 3 (Dezember 2011): 253–57. http://dx.doi.org/10.5172/jfs.2011.17.3.253.
20
Sayuthi, Sayuthi, und Dedy Sumardi. „MODEL PENYELESAIAN SENGKETA WARIS DALAM MASYARAKAT ACEH“. Indonesian Journal of Shariah and Justice 1, Nr. 2 (29.12.2021): 87–112. http://dx.doi.org/10.46339/ijsj.v1i2.10.
Annotation:
This article analyzes the models of the application of the theory of the inheritance dispute resolution in Bireuen community, Aceh. The inheritance dispute resolution in Aceh is not always done through the litigation system, but can also be done through non-litigation channels. This study is limited to the practice of the application of the alternative dispute resolution theories that took place in Bireuen community, Aceh, and describes the tendency of the Bireuen community to choose to resolve the inheritance disputes through the gampoeng justice system. The field data collection was carried out by observing the practice of dispute resolution in the community, and in-depth interviews with village officials and the disputing parties. The results show that the Bireuen community, Aceh tends to use the theory of negotiation, conciliation and facilitation through the customary justice system, namely the gampoeng court and the mukim court. Both of the gampoeng justice systems prioritize peaceful efforts and ensure privacy between family members. This principle is a consideration for the Bireuen community, Aceh chooses to resolve the inheritance disputes following the customary justice system compared to the official state justice system as a characteristic of the modern justice system implemented by the nation state.
21
Kharisma, Dona Budi, und Nadzya Tanazal E.Ar. „Online Dispute Resolution as an Alternative Model for Dispute Settlement in The Financial Technology Sector“. Pandecta Research Law Journal 17, Nr. 1 (04.07.2022): 137–45. http://dx.doi.org/10.15294/pandecta.v17i1.25267.
Annotation:
Financial technology (fintech) is the use of technology in financial services in the digital economy era. Digital payments, peer-to-peer lending, and crowdfunding are examples of fintech that is growing rapidly in Indonesia. However, the high number of disputes in the fintech sector is an indication of the need for a dispute resolution mechanism that is fast, simple, and low-cost. In this regard, online dispute resolution (ODR) is present as an alternative dispute resolution model. ODR has many challenges, such as the existence of a legal vacuum (rechtsvacuum) regarding the ODR mechanism, internet disruption, and the weak protection of personal data in Indonesia.
22
Tehedi, Tehedi. „MODEL PENYELESAIAN SENGKETA EKONOMI SYARIAH DI BADAN ARBITRASE SYARIAH NASIONAL“. Borneo : Journal of Islamic Studies 3, Nr. 1 (08.01.2023): 48–61. http://dx.doi.org/10.37567/borneo.v3i1.1299.
Annotation:
The importance of functioning BASYARNAS as a form of non-litigation sharia economic dispute resolution because it has many advantages compared to litigation settlement. Even though there are many advantages, there are still few sharia economic or business actors who use these institutions as an alternative to dispute resolution. This is due to the lack of knowledge and understanding of sharia business actors regarding the forms of settlement at BASYARNAS, so education and literacy are needed for sharia business actors. This study aims to explain the procedure for resolving sharia economic disputes at BASYARNAS. The method used is a qualitative method, a normative juridical approach with a juridical descriptive analysis. The results of this study conclude that the form of sharia economic dispute resolution at BASYARNAS is based on Law no. 49 of 2009 concerning Judicial Power, Law no. 21 of 2008 concerning Islamic Banking, Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, and the 2005 BASYARNAS Procedure Regulations. The settlement procedure begins with a dispute resolution request to BASYARNAS followed by an examination process up to the reading of the decision by a sharia judge or arbiter
23
Monsenego, Jérôme. „Does the Achmea Case Prevent the Resolution of Tax Treaty Disputes through Arbitration?“ Intertax 47, Issue 8/9 (01.08.2019): 725–36. http://dx.doi.org/10.54648/taxi2019071.
Annotation:
In this article the author investigates whether, and if so to what extent, the Achmea case may have an impact on the resolution of disputes involving tax treaties through arbitration. It is concluded that both tax treaty arbitration under Article 25(5) of the 2017 OECD Model and the dispute resolution mechanisms included in the Dispute Resolution Directive are compatible with the Achmea case.
24
Mazaraki, Nataliia Anatoliivna. „EFFECTIVE SYSTEM OF COMMERCIAL DISPUTES RESOLUTION AS A PREREQUISITE OF ECONOMIC PROGRESS“. SCIENTIFIC BULLETIN OF POLISSIA 1, Nr. 2(14) (01.03.2018): 180–87. http://dx.doi.org/10.25140/2410-9576-2018-2-2(14)-180-187.
Annotation:
Urgency of the research. The current state of the jus-tice system in Ukraine does not provide a quick and justified resolution of disputes that is particularly acute for business circles. Given the lack of qualitative changes in the area of justice in the course of ongoing reform of the judiciary and procedural legislation, the preservation of a critically low level of trust in the judiciary, the state should offer the soci-ery a new social contract on the procedure for resolving legal disputes in the state, which must necessarily include the institutionalization of alternative methods of resolution disputes, first of all, mediation. Target setting. The introduction of alternative meth-ods of dispute resolution should be based on an argumen-tated conceptual model that will ensure an effective and fair solution to legal disputes. Actual scientific researches and issues analysis. The scientific works of leading foreign and domestic re-searchers Yu. Prytyka, V. Reznikovf, Y. Demchenko, G. Braun, A. Marriot, R. Reuben are devoted to separate as-pects of the settlement of commercial disputes and the for-mation of a system of alternative dispute resolution. Uninvestigated parts of general matters defining. At present, there is no national concept for resolving commercial disputes, the place of alternative dispute resolu-tion, in particular mediation, in the legal system of Ukraine has not been formulated. The research objective. There is a need to formu-late a new concept of a dispute resolution system that would ensure that citizens and legal entities have a real choice of an effective and fair dispute resolution procedure. The statement of basic materials. The formation of the Ukrainian concept of the dispute settlement system must necessarily take into account the national socio-cultural and legal features. The necessity of institutionaliza-tion of mediation is proved by the adoption of the relevant law and the use of mediation procedures by public authori-ties in state-investor disputes and disputes with business entities. Conclusions. The introduction of alternative methods of resolving disputes in the legal system of Ukraine should ensure an effective and justified settlement of disputes and, as a consequence, create the preconditions for economic growth.
25
Rotomskis, Irmantas, und Darius Štitilis. „Ginčų su vartotojais sprendimas elektroninėje komercijoje*“. Informacijos mokslai 50 (01.01.2009): 233–39. http://dx.doi.org/10.15388/im.2009.0.3232.
Annotation:
Plintant globaliai elektroninei komercijai, atsiranda naujos rizikos ir grėsmės. Todėl kyla būtinybė efektyviai spręsti ginčus su vartotojais. Teisminis ginčų su vartotojais elektroninėje komercijoje sprendimas dažnai esti per daug brangus, turi ir kitų trūkumų. Straipsnyje nagrinėjami ginčų su vartotojais sprendimo elektroninėje komercijoje aspektai. Visų pirma, aptariamos šiuolaikinės ginčų su vartotojais sprendimo elektroninėje komercijoje tendencijos ir būdai, išskiriami alternatyvių ginčų sprendimo būdų pranašumai ir trūkumai. Nagrinėjama situacija Lietuvoje sprendžiant ginčus su vartotojais, kylančius iš elektroninės komercijos santykių: analizuojamos susijusių teisės aktų nuostatos ir praktiniai šių ginčų sprendimo būdai. Aptariamos alternatyvių ginčų su vartotojais elektroninėje komercijoje sprendimo būdų Lietuvoje galimybės ir tendencijos.
Consumer Disputes Resolution in Electronic CommerceIrmantas Rotomskis, Darius Štitilis
SummaryAs electronic commerce continues its unprecedented expansion on a global scale, along with new opportunities come new risks and liabilities. The need for effi cient and effective dispute resolution in this context has become crucial. At least for the time being, for most consumer e-commerce disputes the cost of legal redress by litigation is not proportionate to the value of the claim. Despite, dispute resolution schemes in Lithuania at that moment are mainly concerned with resolution of consumer disputes in court or out-of court (based on written procedure) and any initiatives related to innovative consumer dispute resolution mechanisms are not appreciable yet. Abroad a large number of Online Dispute Resolution (ODR) schemes are concerned with the resolution of consumer disputes arising from e-commerce transactions conducted on the Internet. Such schemes and the issues involved in Lithuania shall be analyzed. Also, as result of the research, electronic commerce consumer disputes resolution model in Lithuania will be suggested.
26
Wang, Shumin, Yincheng Li und Muhammad Bilawal Khaskheli. „Innovation Helps with Sustainable Business, Law, and Digital Technologies: Economic Development and Dispute Resolution“. Sustainability 16, Nr. 10 (07.05.2024): 3910. http://dx.doi.org/10.3390/su16103910.
Annotation:
This paper discusses the dispute resolution procedure that innovative digital commerce has adopted for the future for sustainable business. As digital trade becomes increasingly important for economic growth, trade-related disputes must be settled in both business and consumer situations. This study examines the advantages of using digital technology to resolve disputes involving digital trade and discusses how digital technology is changing traditional dispute resolution procedures. Conventional trade disputes differ from their digital counterparts because the digital sphere gives rise to more complex trade conflicts that require stronger regulatory resources. The utilization of digital technologies such as blockchain, artificial intelligence, innovation-based models, digital strategies, and others can enhance the efficacy of conflict resolution. Digital technology can assist in resolving disputes with digital trade, even though procedural fairness issues including prejudice and algorithmic opacity may also arise. The research highlights the importance of developing innovative techniques to set up trade dispute resolution procedures and building legal frameworks for jurisdiction, trial, and enforcement procedures in addition to stressing the usage of digital technology.
27
Hartman, Francis T., und George F. Jergeas. „A model for proactive mediation of construction disputes“. Canadian Journal of Civil Engineering 22, Nr. 1 (01.02.1995): 15–22. http://dx.doi.org/10.1139/l95-002.
Annotation:
Alternative dispute resolution methods remain an area of interest and study because of the continued increase in the incidence of disputes, be they claims or litigation. Practice in the industry tends to stimulate litigation if negotiation of claims is unsuccessful. At variance with this is the declared preference of construction industry practitioners for mediation over arbitration and for arbitration over litigation. Mediation has had a high success rate when used in construction dispute resolution. The cost of mediation is significantly lower than litigation or arbitration. The probability of the parties to the dispute being able to work together effectively after the dispute has been resolved is higher, and the dispute can be resolved more quickly than by arbitration or litigation. This paper presents the findings of a study undertaken to identify a better process for construction contracting. An essential part of the new process is the use of proactive mediation. Proactive mediation is the use of a mediator prior to a dispute arising to help identify and address potential problems before they become difficult or unsolvable issues. The proposed methodology has been tested through a process which obtained the input of over 60 senior industry practitioners. Key words: mediation, construction management, contracts, claims, cost reduction, alternate dispute resolution, risk management.
28
Lim, Lee Theng, Wanlin Chen, Thomas Wing Kit Lew, Jackie Mui Siok Tan, Seow Kiak Chang, Daryl Zhang Wei Lee und Thomas Swee Guan Chee. „Medico-legal dispute resolution: Experience of a tertiary-care hospital in Singapore“. PLOS ONE 17, Nr. 10 (14.10.2022): e0276124. http://dx.doi.org/10.1371/journal.pone.0276124.
Annotation:
Introduction The resource burden of healthcare disputes and medico-legal claims has been rising. A dispute resolution system operating at the hospital level could ameliorate this disturbing trend. Methods This is a retrospective observational study on patient complaints and medico-legal cases received by the dispute resolution unit of an acute tertiary hospital from 2011 to 2015. We described the characteristics and analysed the resolution methodology and outcomes of all closed medico-legal cases. Results Patient complaints significantly increased at a compound annual growth rate (CAGR) of 4.2% (p<0.01), while medico-legal cases and ex-gratia payments for case settlements decreased at CAGRs of 4.8% (p<0.05) and 15.9% (p = 0.19), respectively. Out of 237 closed medico-legal cases, 88.6% were resolved without legal action, of which 78.1% were closed without any ex-gratia payments or waivers. Of the 11.4% of medico-legal cases that involved legal action, 66.7% were settled without ex-gratia payments or waivers. The primary resolution modes were the Patient Relations Service (PRS)’s engagement of the complainants and facilitation of written replies. No cases were brought to court. Cases were more likely resolved without legal action when there was engagement by the PRS (p = 0.009). These cases incurred a lower median settlement value than those with legal action. Conclusion Our hospital-based dispute resolution system which addressed patients’ core dissatisfactions and providers’ perspectives, through a process of early engagement, open disclosure, and fair negotiations, was able to promote claims resolution before legal action was taken. This early dispute resolution strategy contained costs and maintained provider-patient relationships and complements system-level mediation and arbitration to reduce medico-legal litigation.
29
Rivlin, Alice M. „Conflict resolution, alternative dispute techniques, and modes of consensus building“. Journal of Policy Analysis and Management 27, Nr. 3 (2008): 676–82. http://dx.doi.org/10.1002/pam.20347.
30
Saputra, Priandana Adya Eka, Maulana Malik Mizani und Indriani Sukesti. „The Role of Mediators in Resolving Medical Disputes“. Asian Journal of Engineering, Social and Health 2, Nr. 12 (26.12.2023): 1595–600. http://dx.doi.org/10.46799/ajesh.v2i12.185.
Annotation:
A medical dispute is a dispute that occurs over a legal event involving medical personnel (doctors and dentists) or other health personnel (nurses, midwives, pharmacists or other health care professionals) as a result of the provision of medical services. In conventional settlement there are various things that are considered negative by the parties to the dispute. As a solution, the recommended model for resolving medical disputes is mediation. This research uses a normative juridical approach and is descriptive analytical by reviewing and researching relevant legal materials. Medical disputes are problems that have the potential to arise in society. In resolving it, the parties to the dispute are asked to prioritize mediation as an alternative dispute resolution compared to general court. The legal basis for Mediation is Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, Supreme Court Regulation no. 1 of 2016 concerning Mediation Procedures in Court and Law no. 17 of 2023 concerning Health. Mediation aims to obtain a valuable agreement win-win solution. The mediator as a mediator has the obligation and duty to carry out his role so that this can be done. Mediation has advantages in its implementation but also has several disadvantages. Mediation is an alternative dispute resolution in which a negotiation process is used to solve problems through an impartial and neutral external party who will work with the disputing parties to help find a solution to resolve the dispute in a satisfactory manner for both parties.
31
McGuinness, Margaret E. „International Dispute Settlement in an Evolving Global Society: Constitutionalization, Accessibility, Privatization“. Canadian Journal of Political Science 39, Nr. 1 (März 2006): 221–23. http://dx.doi.org/10.1017/s0008423906419995.
Annotation:
International Dispute Settlement in an Evolving Global Society: Constitutionalization, Accessibility, Privatization, Francisco Orrego Vicuña, Cambridge: Cambridge University Press, 2005, pp.xxiii, 156.This compilation of the author's 2001 Hersch Lauterpacht Memorial Lectures at Cambridge provides a comprehensive overview of the methods and modes of international dispute settlement. Included in the broad survey are the central public and private dispute resolution processes at the United Nations and the International Court of Justice (ICJ), regional arrangements, national jurisdictions and private party-to-party arrangements. The book achieves its stated goal of identifying trends and provoking discussion of ways in which international dispute resolution can be improved, and in the process has created a useful primer on transnational dispute settlement for social scientists. The lectures have been supplemented with footnotes and the book includes a comprehensive bibliography that includes most of the important recent works in the international law literature on dispute resolution. The strength of the volume lies in its discussion of private dispute resolution and its interplay with public institutions, an area that is often ignored or played down in political science literature focused on state-to-state legal arrangements and interstate relations.
32
Sari, Mega Nurmala, und Riatu Mariatul Qibthiyyah. „Examining the Factors That Affect the Loss of Tax Disputes in the Tax Court“. GATR Journal of Accounting and Finance Review (GATR-AFR) Vol. 7 (2) July - September 2022 7, Nr. 2 (14.09.2022): 97–112. http://dx.doi.org/10.35609/afr.2022.7.2(3).
Annotation:
Objective - The high tax administration loss rate sparked various speculations in Society. This study aims to determine the factors that led to the defeat of the tax administration in the Indonesian Tax Court. Methodology/Technique – Simple random sampling is used to obtain 1,000 samples of decisions on appeal disputes which is three times the minimum sample size. The logit model is used to find out whether the independent variable affects the dependent variable. The linear probability model is also used to test whether the Logit Model is robust. Findings - The estimation of results shows that the interaction between the tax dispute resolution period and the type of tax, as well as the number of representatives of the tax authorities, had a positive and significant impact on the loss of the tax administration in the prosecution. Novelty - No economic study has comprehensively analyzed the determinants of administrative defeat in the Indonesian Tax Court. This study uses data that have not been used in previous studies. The information includes evidence at audits/objections and appeals, types of taxes, tax dispute resolution periods, interactions between dispute resolution periods and evidence at audits/objections and requests, interactions between dispute resolution periods and types of taxes, interactions between periods dispute resolution, types of taxes and evidence at examination/objection and appeal, initial value, gender of judges, representatives of taxpayers and representatives of tax authorities in court. Type of Paper: Empirical JEL Classification: G18, K41 Keywords: Tax dispute; appeal decision; influencing factors; Tax Authorities defeat; Tax Court Reference to this paper should be referred to as follows: Sari, M.N; Qibthiyyah, R.M. (2022). Examining the Factors That Affect the Loss of Tax Disputes in the Tax Court, Acc. Fin. Review, 7(2), 97 – 112. https://doi.org/10.35609/afr.2022.7.2(3)
33
Islamiyati, Dewi Hendrawati, Aisyah Ayu Musyafah, Asma Hakimah und Ruzian Markom. „Religious Practices of Land Endowment: Examining Reform and Dispute Resolution Alternatives of Land Waqf in Indonesia and Malaysia“. International Journal of Public Policy and Administration Research 9, Nr. 3 (28.11.2022): 71–78. http://dx.doi.org/10.18488/74.v9i3.3204.
Annotation:
The research aimed to analyze the land waqf dispute resolution mechanisms in Indonesia and Malaysia to provide the Indonesian government with ideas regarding land waqf dispute resolution laws. The approach adopted was a comparative study that highlights the mechanisms and models of waqf dispute resolution in Indonesia and Malaysia. The results show that the Indonesian waqf dispute resolution mechanism comprises two approaches: juridical and sociological. The juridical approach is based on Waqf Law No. 41 of 2004, Article 62. Meanwhile, the sociological approach is based on local wisdom and policies derived from Islamic law. In comparison, the mechanism for resolving waqf land disputes in Malaysia consists of two routes: the non-litigation channel, which consists of negotiation, mediation, and arbitration, and the litigation path, via the sharia court. In the Malaysian mediation pathway, the mediator and the advocacy institution are State Islamic Religious Councils (SIRCS), assisted by waqf managers and experts. An arbitration mechanism is often chosen because the management of waqf land is, for about 40 percent, associated with business, commerce, industry, and property. The similarities between the two countries are that they are committed to resolving waqf land disputes based on applicable law, the concept of justice, and the desire to protect human rights, minimize expenses, build good relationships after disputes, and provide advocacy for the rescue of the donated land assets.
34
Lúcia Raposo, Vera. „I (Won’t) See You in Court Alternative Dispute Resolution for Medical Liability Conflicts: Examples from Europe“. European Review of Private Law 28, Issue 6 (01.12.2020): 1273–94. http://dx.doi.org/10.54648/erpl2020076.
Annotation:
In many jurisdictions, courts and the related tort liability rules have failed to adequately address conflicts arising from healthcare delivery that has caused harm. The litigation model – the classic model used to deal with medical liability – must be, if not replaced, at least supplemented by another model, and alternative dispute resolution is best suited to this task. Because conflicts are resolved in a less adversarial environment than a courtroom and led by people with knowledge of both medicine and law, alternative dispute resolution promotes a congenial procedure, is faster and cheaper than traditional litigation and can provide more satisfactory outcomes for all parties. This paper reviews some of the failures of litigation as a means of resolving disputes related to medical liability and considers how alternative dispute resolution methods can address these failures, providing some examples from civil law jurisdictions in Europe. alternative dispute resolution, doctor-patient relationship, litigation, medical liability Motsclés: résolution alternative des conflits, relation médecin-patient, contentieux, responsabilité médicale Schlüsselwörter: alternative Streitbeilegung, Arzt-Patient-Beziehung, Gerichtsverfahren, Arzthaftung
35
Idayanti, Soesi, Toni Haryadi und Evi Indriasari. „ONLINE DISPUTE RESOLUTION (ODR) AS AN ALTERNATIVE FOR ELECTRONIC TRANSACTION DISPUTE SETTLEMENT“. Wacana Hukum 27, Nr. 2 (30.08.2021): 18–25. http://dx.doi.org/10.33061/1.wh.2021.27.2.5882.
Annotation:
The development of communication and information technology has an impact on all aspects of human life. Technology has changed the business world from traditional trading patterns to a more modern trading system, namely an online trading system known as electronic commerce (e-commerce). Electronic commerce/electronic-commerce/e-commerce is the distribution, sale, purchase, marketing of goods and services that rely on electronic systems, such as the internet, television, or other computer networks. The agreement is also made online, basically, an online sale and purchase agreement (e-commerce) is the same as a general sale and purchase agreement, which requires an agreement between the seller and the buyer regarding the goods or services being traded and the price for the goods or services. Alternative Dispute Resolution (ADR) is dispute resolution out of court. that the parties to the dispute by mutual agreement are free to choose the forms and procedures contained in the alternative dispute resolution and will be applied in dispute resolution. Agreements made online are expected to be completed online as well. For this reason, alternative dispute resolution is sought which is expected to facilitate the dispute resolution process with online transactions. One of the breakthroughs is by using an online arbitration model known as Online Dispute Resolution (ODR) so that the disputing parties can settle wherever they are.The method used is through normative legal research, which is a scientific research procedure to find the truth based on scientific logic from the normative side, carried out to produce arguments, theories, or new concepts as prescriptions in solving problems at hand. The nature of this research is descriptive-analytical. In the future, this discussion will open a new way to facilitate the Indonesian people, especially those seeking legal certainty, in resolving disputes using ODR
36
Wanyoike, Zachous Mboche, Kennedy Onkware und Pontian Godfrey Okoth. „The Effectiveness of Traditional Somali Justice-Based Conflict Management Mechanisms Influencing Peace-Building Strategies in Garissa County, Kenya“. International Journal of Social Sciences and Humanities Invention 5, Nr. 9 (30.09.2018): 4992–97. http://dx.doi.org/10.18535/ijsshi/v5i9.07.
Annotation:
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.
37
Fai, Kelvin Leong Chun, und Prasasti Dyah Nugraheni. „Dispute Resolution in Business Sector: Comparing Indonesia and Singapore Arbitration Model“. Journal of Private and Commercial Law 7, Nr. 1 (31.07.2023): 1–18. http://dx.doi.org/10.15294/jpcl.v7i1.30262.
Annotation:
Dispute resolution within the business sector can be accomplished through either national arbitration institutions or international arbitration institutions. International arbitration serves as a process to settle civil disputes using a neutral third party, particularly in the context of business-related conflicts arising between parties engaged in international business agreements. Such arbitration is often specified through arbitration clauses included in these international business agreements, which are mutually agreed upon by the involved parties. One example of an international arbitration institution that specializes in resolving civil disputes, particularly those within the business sector, is the Singapore International Arbitration Center (SIAC) located in Singapore. The implementation of arbitration awards depends on the type of arbitration being conducted, whether it is a national arbitration award or an international arbitration award. During the preparation of this paper, the author utilized a normative-juridical research method, which involves relying on legal library sources and secondary legal materials to address existing legal issues. This paper aims to compare the legal foundations and the arbitration dispute resolution processes employed by the Indonesian National Arbitration Board (BANI) and the Singapore International Arbitration Center (SIAC). The research findings reveal that the legal basis for arbitration dispute resolution utilized by the Indonesian National Arbitration Board (BANI) differs from that employed by the Singapore International Arbitration Center (SIAC). Nevertheless, the processes and procedures for resolving arbitration disputes conducted by both institutions demonstrate notable similarities.
38
Lam, Le Doan, und Le Pham Anh Tho. „Dispute resolution mechanism by dispute resolution board according to FIDIC contract model and experience for Vietnam“. International Journal of Multidisciplinary: Applied Business and Education Research 5, Nr. 1 (25.01.2024): 291–301. http://dx.doi.org/10.11594/ijmaber.05.01.26.
Annotation:
The article “Dispute resolution mechanism by the Dispute Board according to the FIDIC contract form and experience for Vietnam” researches the theoretical issues related to the FIDIC Contract and the Dispute Settlement Board of the FIDIC. In addition, the article also focuses on researching and analyzing the practice of applying dispute settlement mechanisms by Dispute Settlement Boards in various nations throughout the world. The article's usefulness stems from the knowledge gained while researching this dispute resolution mechanism in countries throughout the world, as well as the present situation of Vietnamese law, which provides solutions and recommendations based on Vietnamese law.
39
Oyeyoade, Stephen. „Developing dispute resolution policy for conflicts settlement in public-private partnership (PPP) projects in educational institutions“. F1000Research 11 (29.11.2022): 1400. http://dx.doi.org/10.12688/f1000research.127531.1.
Annotation:
Background: United Nations Educational, Scientific and Cultural Organization (UNESCO) advocates a 15-20% allocation of the developing nations’ annual budget to educational development, but the available resources are not adequate to support the sector in the global south. Thus, University Hostel Development and Management (UHDM) policy was selected to attract private investors for the provision of educational facilities in Nigerian public universities. The policy considered a public-private partnership (PPP) model to ameliorate the menace of dilapidated infrastructures. Initially, there was massive investors’ participation until contractual disputes started to undermine the success recorded. Therefore, incessant disputes without resourceful resolutions motivate the need to examine this policy and spot the gaps for necessary improvement. Policy: The National Universities Commission (NUC) augments the provision of infrastructure in Nigerian public universities through the UHDM initiative in 2004. Conflicts owing to the multiplicity of stakeholders’ contrasting interests overwhelmed the initiative. Many value-added projects were terminated. The poor condition of facilities lingers to serve as a basic factor for half-baked graduates, low employee productivity and declined socio-economic values of the nation. This brief focuses on the role of formal dispute resolution mechanisms (DRMs) for conflict management in PPP arrangements. By observation, stakeholders rarely envisage potential conflicts, thus, no contemplation of specific DRMs adoption despite the inevitability of contractual disputes. Recommendations: This brief recommends the inclusion of the dispute resolution policy in the PPP Memorandum of Understanding (MoU). Recommendations are hereby generated from the analysis of the stakeholders’ opinions on the causes of the dispute, conflict prevention strategies, and the relevant dispute resolution mechanisms peculiar to the PPP contracts in educational institutions. Also, ambiguities in the policy that bordered on an inexplicit institutional framework, lack of PPP experts’ involvement, imperfect contract agreement, and deficiency of feasibility study, are resolved by the recommendations.
40
Amalia, Reva. „MODEL PENYELESAIAN SENGKETA DAN PERKARA PIDANA IN AND OUT SIDE COURT“. MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) 12, Nr. 2 (21.01.2022): 1–14. http://dx.doi.org/10.33558/maslahah.v12i2.3202.
Annotation:
This study aims to explain the dispute resolution in and out side court (Litigation and Non-Litigation Dispute Resolution) based on the existence of a dispute or criminal case between communities that fight for certain main goals from each party, and put pressure on each other. the other then failed to reach a single opinion and each side tried to consciously fight for their main goals. Which ultimately creates a conflict or dispute that must be resolved both litigation and non-litigation. So that this research can be formulated, namely, related to what is meant by litigation and non-litigation dispute resolution. What is the difference between mediation in litigation and non-litigation dispute resolution, and how to resolve criminal cases outside the court. The purpose of this study is to find out what is meant by litigation and non-litigation dispute resolution and the differences and how to resolve the case or dispute outside the court. This research method uses a normative qualitative method, the results of which conclude that: Litigation dispute resolution is a settlement process carried out in court, while non-litigation is a dispute resolution process outside the court. The process of resolving criminal cases outside the court can be carried out by way of deliberation.
41
Soleh Hasan Wahid. „Formulation of a Risk-Based Online Dispute Resolution Model for E-Commerce in Indonesia: Legal Framework and its Application“. International Journal of Arts and Humanities Studies 3, Nr. 2 (13.04.2023): 09–23. http://dx.doi.org/10.32996/ijahs.2023.3.2.2.
Annotation:
E-commerce growth in Indonesia has resulted in increased consumer disputes. This study aims to establish a regulatory framework for Online Dispute Resolution (ODR) in Indonesia using a normative legal research methodology. Secondary data from various sources, including ODR mechanisms from Shopee, Tokopedia, Bukalapak, and Indonesian regulations, were analyzed descriptively and comparatively. ODR offers benefits such as ease of use, cost-effectiveness, and avoidance of legal procedures but faces challenges like consumer awareness, standardization, and regulation. Ideal ODR models for Indonesia include E-Negotiation and E-Mediation, using AI mediators. Complex or high-risk disputes may require E-Mediation with professional mediators and Arbitration with neutral third parties. Implementing ODR models in e-commerce can benefit businesses and consumers by efficiently resolving disputes, but the appropriate model depends on the dispute's risk and complexity. Collaboration between authorities and stakeholders is crucial for ensuring ODR effectiveness in e-commerce dispute resolution and developing a suitable legal framework in Indonesia.
42
Проскурякова, І. М. „HISTORIOGRAPHY OF THE LAW INSTITUTE OF ALTERNATIVE DISPUTE RESOLUTION IN ADMINISTRATIVE JUDICIARY“. Juridical science, Nr. 3(105) (30.03.2020): 265–73. http://dx.doi.org/10.32844/2222-5374-2020-105-3.34.
Annotation:
The relevance of the article is that in administrative law the legal institution is usually referred to as a kind of alternative dispute resolution, which under certain conditions is able to overcome or reduce the negative and help restore their rights. By its nature, this institution is designed on the basis of law and consensus of the parties to promptly resolve the issue on the merits and save heterogeneous resources. The consequences of this are several positive aspects, including, for example, the unloading of the judiciary, as well as a positive impact on public opinion or positive ratings of Ukraine in the world. The leading role in increasing the effectiveness of the legal institution of dispute resolution with the participation of a judge is played by its scientific basis, part of which is historiography. After all, it is well known that the neglect of the study of the genesis of thoughts is a manifestation of errors and one-sidedness, which can lead to undesirable consequences of varying severity. The purpose of the article is to provide a description of the historiography of the legal institution of alternative dispute resolution in administrative proceedings on the basis of dissertation research on dispute resolution with the participation of a judge. The article describes the historiography of the Ukrainian administrative and legal institute of alternative dispute resolution in court proceedings. The author focuses on the issue of dispute resolution with the participation of a judge at the present stage of development of scientific and legal thought. It is concluded that the issue of alternative, mediation or pre-trial settlement / resolution of disputes in the domestic legal literature remains controversial. In the past five years, a new impetus for the development of the historiography of the legal institution of alternative dispute resolution in administrative proceedings has been the problems of Ukrainian society related to unresolved judges and reasonable deadlines initiated by democratic European institutions. In Ukraine, along with its own practice, an urgent and popular transition has begun from the search for an effective model of dispute resolution to the study of empirics of dispute resolution, which is characterized by pronounced legal nihilism in part of its territory.
43
Olannye, Peter Ajulu, und Ifeanyi Harold Aliku. „Enhancing employee performance through the application of dispute resolutions in the banking industry“. Journal of Global Social Sciences 3, Nr. 12 (01.12.2022): 47–74. http://dx.doi.org/10.31039/jgss.v3i12.105.
Annotation:
This study examined the effect of dispute resolution strategies on employee performance in the Nigerian banking industry. Two variables were discussed; compromising strategy and integrating strategies as they affect employee performance in selected banks in Delta State. The sample size for the study was 162 respondents. A simple random sampling technique was adopted. Validated structured sets of questionnaires were used, the primary instruments for data collection. The study adopted descriptive statistics and frequency analysis. A test of hypotheses was done using regression analysis. The study found that there were positive and significant effects of compromising Strategy and integrating strategy on employee performance. The study concluded that integrating g strategy has a major effect on employee performance in Nigeria's banking industry and Nigeria banks should improve on integrating strategy because it would go a long way in enhancing employee performance and that integrity in the banks could have been achieved through strong moral principles and moral uprightness in financial transactions. It is recommended that Efforts should be made by management to organize seminars/workshops on organizational dispute resolution strategy from time to time for the employees. This will enable employees to learn about disputes and how they can be effectively managed for organizational effectiveness. Credible channels of communication and open discussions of disputes in work relations must be encouraged in an attempt to avoid confrontation, unhealthy competition, and domination as dispute resolution strategies. The study contributed to knowledge by developing a model that explains the relationship between dispute resolution and employee performance in the banking sector and also provided a framework that explains the necessity of dispute resolution and how it relates to employee performance in an organized setting.
44
Zi, Xiaoyi. „Definition of the Concept of Administrative Disputes“. Journal of Social Science Humanities and Literature 6, Nr. 4 (16.08.2023): 117–20. http://dx.doi.org/10.53469/jsshl.2023.06(04).23.
Annotation:
Administrative dispute is a fundamental concept that requires clarification in the realm of administrative law theory. However, there is a lack of well-defined definitions of administrative dispute in this field, and varying perspectives exist. This paper aims to address this gap by establishing a definition of administrative disputes based on four key elements: the subject, object, motivation for formation, and external manifestation of such disputes. By doing so, this paper seeks to make a modest contribution to the prevention and resolution of administrative disputes.
45
Triana, Nita, Naqiyah Mukhtar, Farah Nuril Izza und Ade Tuti Turistiati. „Strengthening Rembugan as A Mediation Model in The Resolution of River Water Pollution Disputes (A case study in Purbalingga, Central Java, Indonesia).“ LAW REFORM 18, Nr. 2 (19.08.2022): 205–21. http://dx.doi.org/10.14710/lr.v18i2.47743.
Annotation:
Purbalingga as an industrial area is prone to pollution that has a detrimental impact on society and the environment. It is necessary to find a way that can bring together the parties involved to peacefully resolve environmental disputes. The purpose of this study is to strengthen rembugan as a mediation model for resolving pollution disputes in the old industrial area. This research is qualitative research with a socio-legal approach, by conceptualizing law as non-doctrinal. The results showed that rembugan is a community culture in dispute resolution that reflects the values of local wisdom possessed by the Purbalingga community, namely the attitude of the parties to accept and use consensus methods in dispute resolution. The purpose of rembugan is to achieve harmony and togetherness. The mediator is the Environment Agency (DLH) and Village Head (Kepala Desa). Strengthening rembugan position in the dispute resolution model is supported by Purbalingga community culture, whose characters are honest, free, open, egalitarian, and accepting of consensus. Strengthening rembugan as a mediation model is also supported by government institutions such as village heads and Environment Agency, and is formally regulated in Law No. 32 of 2009 concerning environmental protection and management.
46
Fauzi, Wetria. „Airline Customers Conflict Resolution in The Framework of Legal Protection For Consumers in Indonesia“. UNES Law Review 6, Nr. 1 (01.09.2023): 35–43. http://dx.doi.org/10.31933/unesrev.v6i1.836.
Annotation:
Aviation related issues include low supervision of airlines in Indonesia, the condition of aircraft that are old and less feasible and high rates of flight accidents. Management negligence and mistakes reach a level that endangers state security. An airline is an organization that provides flight services including cargo to passengers. They provide these services and form cooperation or alliances with other airlines for mutual benefit. However, the relationship between customers and airlines can sometimes lead to ruthless legal battles and violent conflicts. This paper discusses legal protection for airline customers in Indonesia. It seeks to investigate not only the legal arrangments regarding air transportation in Indonesia but mechanism to minimize/prevent disputes between consumers and airlines. Consumer dispute resolution with airlines refers to the Consumer Protection Act and Aviation Law. The research reveals that consumer-airlines conflicts can be resolved outside of the court through several dispute resolution models, including Consumer Dispute Settlement Agency, Non-Governmental Consumer Protection Agency, the Directorate of Consumer Protection agreed by the parties, based on Article 1338 of the Civil Code. This paper also show that it is necessary to make a simple dispute resolution system specifically for airline consumers in the form of an airline consumer dispute resolution assembly or a special arbitration agency.
47
Salehifar, Alireza. „Rethinking the Role of Arbitration in International Tax Treaties“. Journal of International Arbitration 37, Issue 1 (01.03.2020): 87–130. http://dx.doi.org/10.54648/joia2020004.
Annotation:
The dispute resolution system of Double Tax Agreements (DTAs) has been a major focus for both tax authorities and researchers around the world. For several years Article 25 of the Model Tax Convention of the Organisation for Economic Co-operation and Development on Income and on Capital (‘OECD Model Tax Convention’), and Article 25 of the United Nations Model Double Taxation Convention between Developed and Developing Countries (‘UN Model Tax Convention’) had relied on a negotiation-based Mutual Agreement Procedure (MAP) as the only mechanism for the resolution of disputes arising from a tax treaty. In order to improve the function of the MAP mechanism, the OECD, in 2008, and the UN Tax Committee, in 2011, introduced a binding ad hoc arbitration clause in Article 25(5) of their respective Model Tax Conventions. However, the OECD and UN Model Tax Conventions have reserved very limited role for arbitration in resolving tax treaty disputes. After establishing that the inclusion of the current arbitration clauses in the OECD and UN Model Tax Conventions have not assuaged the tensions created by divergent interpretation or application of rules espoused in DTAs, this article examines possible techniques for improving the dispute resolution system of DTAs. Arbitration, Dispute, Double Tax Agreement, Model Tax Convention, Mutual Agreement Procedure, OECD, Taxation
48
Mansyur, M. Ali, und Hutrin Kamil. „KAJIAN HUKUM ONLINE DISPUTE RESOLUTION (ODR) DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 1999“. Jurnal Pembaharuan Hukum 1, Nr. 2 (01.08.2014): 111. http://dx.doi.org/10.26532/jph.v1i2.1461.
Annotation:
Alternative dispute resolution (ADR) is an out of court dispute resolution. that the parties to the dispute by mutual agreement freely choose the form and procedures contained in the alternative dispute resolution and will be applied in the dispute resolution. One of the breakthrough by using a model of online arbitration, which is known as Online Dispute Resolution (ODR), so that the disputing parties can resolve anywhere he is. This research uses normative juridical approach, an approach to positive law or regulations reserved. By analyzing and evaluating legislation. Online dispute resolution process consists of: The parties agreed in the form of an agreement to resolve the dispute through arbitration online. Although legally, Online Dispute Resolution is not expressly provided in the Act No. 30 of 1999, does not mean there can be applicable in Indonesia. But the arbitrators and judges can use the method of the invention to overcome this law.
49
Nurhayati, Siti, Fitri Rafianti, Emi Wakhyuni und Willyam Lorencius Hutabarat. „Advocacy Model for Combined Process (Med-Arbitration)-Based Resolution of Industrial Relations Conflicts Between Trade Unions and Businesses“. Pena Justisia: Media Komunikasi dan Kajian Hukum 23, Nr. 1 (13.03.2024): 250. http://dx.doi.org/10.31941/pj.v23i1.4146.
Annotation:
<em>In the process of settling labor-management conflicts, trade unions play a crucial role for employees, employers, and trade unions themselves. According to Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement, disputes about labor relations are settled through Bipartite, Tripatrit (labor relations mediation, conciliation, and arbitration), and if non-litigation legal remedies (apart from arbitration) fail, the matter is then brought before the Industrial Relations Court. Due to its proven effectiveness in resolving commercial conflicts, the combined process (med-arb) idea is thought to facilitate dispute resolution in industrial relations problems. Two issues are addressed in this research: the idea of combined process (med-arb) as it applies to the resolution of labor-union disputes with employers and the idea of legal certainty in the process of using combined process (med-arb) to resolve labor-union disputes with employers.</em>
50
Rakman, Fuad Fatkhu. „Alternatif Penyelesaian Sengketa (APS) Berlandaskan Al-Qur’an dan Al-Hadits“. TAWAZUN : Journal of Sharia Economic Law 6, Nr. 1 (31.07.2023): 28. http://dx.doi.org/10.21043/tawazun.v6i1.16651.
Annotation:
<p><em>This study aims to determine the basis for Alternative Dispute Resolution (APS) which includes mediation, negotiation, conciliation, and arbitration in Islamic law taken from the Qur'an and Al-Hadith. The essence of the problem to be revealed in this study is to find models of Dispute Resolution at the time of the Prophet Muhammad SAW. The research method used in this study is a literature study research model by relying on books, articles, journals, and turots as sources of research data. The results of this study found that at the time of the Prophet Muhammad SAW had encountered the practice of resolving disputes through Alternative Dispute Resolution (APS). This is proven by, first, the finding of the arguments for negotiation, mediation, conciliation and arbitration from the Qur'an and Hadith, secondly, the prophet Muhammad SAW negotiated with Suhail Bin 'Amr as a negotiator for the polytheists in the form of a hudaibiyah agreement, the three prophets Muhammad SAW became a mediator in reconciling two people from the ansor circles who were in dispute over material rights, fourth it was found that the prophet Muhammad SAW justified the arbitration carried out by Abu Shuraykh and Sa'ad Bin Muadz.</em></p>