To see the other types of publications on this topic, follow the link: Arbitration strategies.
Journal articles on the topic 'Arbitration strategies'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Arbitration strategies.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Harmon, Kathleen M. J. "Cost-Effective Strategies for Arbitration." Leadership and Management in Engineering 4, no. 4 (October 2004): 148–53. http://dx.doi.org/10.1061/(asce)1532-6748(2004)4:4(148).
Full text
2
Várady, Tibor. "Language-related Strategies in Preparing Arbitration." Across Languages and Cultures 7, no. 2 (December 2006): 209–26. http://dx.doi.org/10.1556/acr.7.2006.2.4.
Full text
3
Grannum, Sandra D., and Justin Ginter. "Nuts and bolts: securities arbitration." Journal of Investment Compliance 18, no. 4 (November 6, 2017): 1–7. http://dx.doi.org/10.1108/joic-08-2017-0054.
Full textAbstract:
Purpose To address the nuts and bolts of securities arbitration in the FINRA forum. Design/methodology/approach Provides introduction and background, defines key terms, and suggests ways to approach the major steps in the securities arbitration process, including witness interviews, document reviews, resolution of joint representation and conflict issues, determining the scope of attorney-client privilege, filing or reviewing the Statement of Claim, making the initial pleading, advocating for the most favorable arbitrator selection, possible employment of experts, and cross-examination. Findings To prepare thoroughly for a securities arbitration case and to plan a strategy for the key step of cross-examination, a lawyer needs to know the broad financial market context; the technical details of the relevant financial products, portfolio management strategies and transactions; the points of view of both the client and the opposing party; the details of all the documents introduced; and the background of the client’s and the adversary’s witnesses. Originality/value Expert guidance from experienced bank and broker-dealer litigation, arbitration and mediation lawyers.
4
Mitchell, Chester N., and Shona McDiarmid. "Medical Malpractice: A Challenge to Alternative Dispute Resolution." Canadian journal of law and society 3 (1988): 227–45. http://dx.doi.org/10.1017/s0829320100001393.
Full textAbstract:
Ideally, medical malpractice actions should deter medical negligence and compensate victims in a manner that is fair, speedy, cost-effective and accessible. Tort critics, however, argue that tort law in general and malpractice actions in particular do not match this ideal. But there is considerable debate about whether the identified faults are inherent or optional in tort adjudication. Those who believe adjudication itself is faulty propose alternative strategies including no-fault compensation schemes, public law prosecution and arbitration. In the paper's first section we consider whether the performance of the traditional adversarial system of dispute resolution in medical malpractice cases is inadequate. Arbitration's effectiveness as an alternative to litigation is then evaluated with reference to three arbitration models employed in the United States. We conclude that arbitration reforms offer distinct advantages but are no panacea for some basic justice problems that stem from political, legal and economic power imbalances between physicians and their clients.
5
Do, Son Pan, and Tran Minh Quy. "Analysis of the Recent Commercial Arbitration Development Plan of the Korean Government – Some Suggestions for Vietnam’s Arbitration Law and Policy." Vietnamese Journal of Legal Sciences 4, no. 1 (June 1, 2021): 65–87. http://dx.doi.org/10.2478/vjls-2021-0009.
Full textAbstract:
Abstract The settlement of commercial disputes by commercial arbitration is gradually becoming popular in the business community. In the course of economic integration, Vietnam has acknowledged the role of arbitration and attempted to develop its arbitration legal framework in compliance with international practices. However, Vietnam’s arbitration system still faces various issues and thus, has required further reform. There are often cancellations of the referee’s decision, the procedure to cancel the award often lacks clarity, and the venue for the arbitration center’s dispute to be resolved is limited. In addition, the management, quality assessment and training of arbitrators is one of Vietnam’s problems. In Asia, Korea is known as one of the most pro-arbitration jurisdictions in the region. Since the adoption of the Arbitration Act in 1966 that governs both domestic and international proceedings, the Korean arbitration legal framework has always been kept consistent with generally accepted international practices. Recently, the Korean government has introduced an action plan to further promote the robust development of the commercial arbitration industry over the five-year period, from 2019 to 2023, and the goal is to turn Korea into one of five countries that have the world’s best arbitration system. Given the close cultural background and integration strategy of Vietnam and Korea, it is believed that the Korean experience can serve as a good reference for Vietnam in developing commercial arbitration law and policy. This paper begins with analyzing the background of the Vietnamese arbitration system and highlighting some limitations of Vietnamese arbitration. It then switches to the Korean arbitration system and development plan on promotion of dispute settlement by arbitration. The paper focuses on analyzing four main strategies that would: (1) strengthen the foundation of the arbitration industry; (2) activate domestic arbitration; (3) secure competitiveness in the arbitration industry; (4) expand the attraction of international arbitration. The Korean action plan can suggest some interesting strategies for Vietnam to further strengthen its commercial arbitration system.
6
Rangachari, Rekha, Kabir Duggal, and Peter L. Schmidt. "Evolution of 28 U.S.C. § 1783: An Unexplored Tool to Support International Arbitration?" Journal of International Arbitration 38, Issue 4 (July 1, 2021): 483–510. http://dx.doi.org/10.54648/joia2021024.
Full textAbstract:
In certain disputes, it may be important to acquire evidence from the other party, but it is difficult to do so because the international arbitration process envisions only a limited form of discovery from the opposing party in the form of document production. There is, however, the potential of an unexplored option in US law to help fill this void. 28 U.S.C. § 1783, also known as the ‘Walsh Act’, enables a United States court, under certain circumstances, to subpoena a national or resident of the United States who is in a foreign country to personally appear as a witness before the court, or before someone designated by the court, or to produce specific testimony or documents. Considering the ubiquity of American parties in international disputes, section 1783 has the potential to become an important tool in the arsenal of a disputes lawyer. Indeed, considering how section 1782 has been increasingly applied in international arbitration, it is possible that section 1783 might evolve as an important component in considering strategies for international arbitration. Like section 1782, however, due to its lack of use to date and vague statutory language, its applicability to various forms of international arbitrations remains an unfortunately open question. But it still has the potential to change international arbitration as we know it Witness testimony, evidence, subpoena, domestic courts, discovery
7
Gruner, Patricia, Alan Anticevic, Daeyeol Lee, and Christopher Pittenger. "Arbitration between Action Strategies in Obsessive-Compulsive Disorder." Neuroscientist 22, no. 2 (January 20, 2015): 188–98. http://dx.doi.org/10.1177/1073858414568317.
Full textAbstract:
Decision making in a complex world, characterized both by predictable regularities and by frequent departures from the norm, requires dynamic switching between rapid habit-like, automatic processes and slower, more flexible evaluative processes. These strategies, formalized as “model-free” and “model-based” reinforcement learning algorithms, respectively, can lead to divergent behavioral outcomes, requiring a mechanism to arbitrate between them in a context-appropriate manner. Recent data suggest that individuals with obsessive-compulsive disorder (OCD) rely excessively on inflexible habit-like decision making during reinforcement-driven learning. We propose that inflexible reliance on habit in OCD may reflect a functional weakness in the mechanism for context-appropriate dynamic arbitration between model-free and model-based decision making. Support for this hypothesis derives from emerging functional imaging findings. A deficit in arbitration in OCD may help reconcile evidence for excessive reliance on habit in rewarded learning tasks with an older literature suggesting inappropriate recruitment of circuitry associated with model-based decision making in unreinforced procedural learning. The hypothesized deficit and corresponding circuitry may be a particularly fruitful target for interventions, including cognitive remediation.
8
Gandz, Jeffrey. "Grievance Arbitration. A Model for the Study of Policy Change." Relations industrielles 31, no. 4 (April 12, 2005): 631–54. http://dx.doi.org/10.7202/028747ar.
Full textAbstract:
A model is developed which explains the factors involve d in a trade union's decision to pres s a grievance to arbitration. This model is then used to analyze the impact of policy initiatives designed to reduce the costs of arbitration, speed up the process and facilitate mediation prior to arbitration. Finally a number of research strategies for validating the model are proposed and discussed.
9
Buresh, Donald L. "Practical Suggestions for Win-Win, Win-Lose, Lose-Win, and Lose-Lose Strategies in Mediation or Arbitration." Journal of Human Psychology 1, no. 4 (March 23, 2022): 24–34. http://dx.doi.org/10.14302/issn.2644-1101.jhp-22-4129.
Full textAbstract:
This essay discusses the practical aspects of mediation and arbitration. The article outlines effective steps to implement win-win, win-lose, lose-win, and lose-lose negotiation strategies. It is posited that with a win-win strategy, the job of a mediator or arbitrator is to find a win-win scenario that is acceptable to both sides. The role of a mediator or arbitrator when the parties are engaging in win-lose, lose-win, and lose-lose strategies is different in that at least one of the parties is not seeking a win for all sides. In particular, when the parties are not involved in a win-win, and court is an option, the parties need to gain as much information about the opposing party as possible to use it to their advantage in court. This is unfortunate but, at times, a necessary result of not participating in a win-win outcome.
10
Pereira, Cesar, and Leonardo F. Souza-McMurtrie. "The development of arbitration involving State Parties in Brazil: comparative remarks with Latin America." Revista Brasileira de Arbitragem 19, Issue 75 (September 1, 2022): 36–58. http://dx.doi.org/10.54648/rba2022027.
Full textAbstract:
Arbitration involving state entities in Brazil has a long history. This paper analyses how this type of arbitration arose in Brazil, what were the strategies that Brazilian courts and legislative bodies employed to make it work and how do they compare to the rest of Latin America. This paper shows what were the key legal issues associated with resolving commercial conflicts with state parties in Brazil, how they were regulated and, most importantly, why arbitration became so relevant for state parties in Brazil, while other countries in Latin America avoid using the method. State entities; arbitration; Brazil; development; public.
11
Yao, Na, Lijuan Liu, and Lili Cheng. "Strategies for China’s Response to and Improvement of Third-Party Funding in International Investment Arbitration." Proceedings of Business and Economic Studies 6, no. 6 (December 22, 2023): 134–38. http://dx.doi.org/10.26689/pbes.v6i6.5717.
Full textAbstract:
China should prioritize the establishment and enhancement of a third-party funding system. It should actively refine the existing arbitration rules, addressing any loopholes in the current regulatory framework. Comprehensive measures should be implemented to regulate third-party funding, aligning with international trends. This is crucial not only to safeguard the foreign investment of the Chinese government and enterprises but also to position China as a globally influential arbitration center.
12
Alhashemi, Azab Alaziz. "Impact of International Arbitration Centers on Arab Arbitration Cases: A Comparative Study of the Negative Effects on Arab Dispute Resolution." International Law Research 12, no. 1 (September 26, 2023): 107. http://dx.doi.org/10.5539/ilr.v12n1p107.
Full textAbstract:
This study addresses the impact of international arbitration centers on traditional Arab dispute resolution methods, which are deeply rooted in cultural and religious values. Despite the growing popularity of arbitration centers worldwide, their effects on Arab societies remain inadequately explored. Through a comparative analysis of select Arab arbitration cases, the present study has examined the adverse consequences arising from international arbitration centers. Key factors contributing to these negative effects, including cultural and language barriers, as well as the financial costs associated with arbitration have been investigated. The research objectives encompass understanding the clash between international arbitration and traditional methods and proposing strategies for better integration and coexistence. Drawing on the findings, the present study offers practical recommendations to enhance the collaboration between international arbitration centers and local communities. The study underscored the importance of upholding cultural diversity and advocated for the preservation of community-specific dispute-resolution mechanisms. By shedding light on these complexities, this study has contributed to theoretical advancements and practical solutions for understanding the arbitration’s influence on Arab societies and promoting harmonious coalescence between global arbitration practices and traditional values.
13
Ghazwi, Mohamed Fahmi, Ahmad Masum, and Nurli Bt Yaacob. "Issuing Interim Measures in Arbitration in the Kingdom of Saudi Arabia." International Journal of Accounting and Financial Reporting 1, no. 1 (December 14, 2014): 534. http://dx.doi.org/10.5296/ijafr.v4i2.6782.
Full textAbstract:
An interim measure is, broadly speaking, a remedy or a relief that is aimed at safeguarding the rights of parties to a dispute pending its final resolution. The paper aims to provide a clarification to the Arbitration law in Saudi Arabia focusing mainly on the issue of the issuing of interim measures in arbitration by identifying the process stages under the Saudi Arbitration Law 2012. This paper discusses the issuing of interim measure in international arbitration in the Kingdom of Saudi Arabia through identification of laws, process and procedure in the issuance of interim measures in arbitration proceedings. Two major research strategies are adopted in this study, which are, qualitative and analysis based on exploratory approach for process of issuing interim measures in arbitration. Data were collected from libraries and published reports as well as interviews conducted with judges and arbitrators in Saudi Arabia. This paper challenges the argument of issuing interim measures by showing the process and the mechanism used in Saudi Arabia. The researchers explored the missing issues of the law related to the issue of interim measures in international arbitration in the kingdom of Saudi Arabia as well as the standards of issuing the interim measures.
14
Trosborg, Anna. "Regulative Strategies in Arbitration Law Uncitral Model Law on International Commercial Arbitration (UNCITRAL) compared with Arbitration Law of the People's Republic of China." HERMES - Journal of Language and Communication in Business 17, no. 32 (March 7, 2017): 99. http://dx.doi.org/10.7146/hjlcb.v17i32.25758.
Full textAbstract:
This paper is concerned with the laying down of the law in international and domestic arbitration. Interest centres on regulative and constitutive functions, and an analysis of realisation patterns of regulative (directive) acts is reported. The focus is on the linguistic realisation patterns of obligation, prohibition, and permission in terms of modal verbs and constitutive rules.The findings show that the language of the law characteristically select patterns of directives which are specific to the legal domain. Face redress typically used in everyday communication as well as business interaction is not a device used in arbitration law. Moreover, the linguistic devices employed differ as regards different parts of the law. Modal verbs are typically applied for action rules, whereas constitutive rules are mainly reserved for stipulation rules and definition rules.The analysis offers a comparison of Unicitral Model Law and domestic law. Finally, attention is paid to the adequacy of the chosen linguistic realisation patterns as regards simplification/ easifi cation of legal expressions. The results are compared to those obtained in a previous study of Contract Law.
15
Colvin, Alexander J. S. "Institutional Pressures, Human Resource Strategies, and the Rise of Nonunion Dispute Resolution Procedures." ILR Review 56, no. 3 (April 2003): 375–92. http://dx.doi.org/10.1177/001979390305600301.
Full textAbstract:
The author investigates factors influencing the adoption of dispute resolution procedures in the nonunion workplace. Various explanations are tested using data from a 1998 survey of dispute resolution procedures in the telecommunications industry. The results suggest that both institutional pressures and human resource strategies are factors driving the adoption of nonunion procedures. Among institutional factors, rising individual employment rights litigation and expanded court deferral to nonunion arbitration have led to increased adoption of mandatory arbitration procedures in the nonunion workplace. At the same time, an older institutional factor—union substitution by nonunion employers aimed at avoiding union organizing—continues to inspire the adoption of nonunion dispute resolution procedures, especially peer review. Finally, the results provide some support for a link between the use of high performance work systems and the adoption of nonunion dispute resolution procedures.
16
Casey, Kevin R., and Marissa Parker. "Strategies for achieving an arbitration advantage require early analysis, pre-hearing strategies, and awards scrutiny." Alternatives to the High Cost of Litigation 26, no. 9 (October 2008): 167–69. http://dx.doi.org/10.1002/alt.20245.
Full text
17
Falusi, Fisayo Samuel, James Damilola Owoeye, and Aminat Abiodun Olabamiji. "Traditional Arbitration Institutions and Conflict Resolution Approaches in Nigeria: The Efficiency and Rhetorical Fallacy." British Journal of Multidisciplinary and Advanced Studies 4, no. 5 (September 15, 2023): 1–11. http://dx.doi.org/10.37745/bjmas.2022.0295.
Full textAbstract:
Before the advent of colonialism and its attendant degradation of African culture, Africans have had a concrete knowledge about what conflicts are, what causes conflicts and how conflicts are resolved. Prior to western education, the Africans have developed a robust knowledge about the dynamics of conflicts and they have had institutionalized means of resolving their conflicts. In the present dispensation, however, the phrase ‘Traditional Arbitration Institutions’ has been given prejudiced responses by the westerners who dominated the study of peace with their scholarly works and claimed a monopolized knowledge of peace. Premised on this background, this paper focuses attention on exposing the systematic knowledge of Africans about disputes and conflicts resolution, using Nigeria as area of study; the paper discusses the conceptual meaning of Traditional Arbitration Institutions (TAI) and conflict resolution; the study seeks to identify and examine the roles of Traditional Arbitration Institutions in promotion of conflict resolution in Nigeria society. In addition, it examines various Traditional Arbitration Institutions (TAI) conflict resolutions mechanism and approaches put in place in resolving disputes and conflicts in Nigeria. The research methodology employed in the study is mixed methods which involves qualitative and quantitative research technique. This work adopted Traditional Arbitration Theory. The paper observes that there is a need for engaging Traditional Arbitration Institutions in resolving community and industrial based disputes and separatist’s agitation in Nigeria. The paper concludes by recommending various Traditional Arbitration strategies that can be adopted to complement existing efforts of promoting peace and stability in Africa.
18
Sharma, Umika. "The invisible stigmatisation of female practitioners in international arbitration." International Journal of Law in Context 17, no. 3 (September 2021): 371–89. http://dx.doi.org/10.1017/s1744552321000446.
Full textAbstract:
AbstractThe paper is a study of the gender-based stigmatisation process of elite professionals in an international legal field. It uses commercial arbitration as an example of an international profession and adds to the prevalent understanding of gender inequality by developing a framework called ‘invisible stigmatisation’. The main theoretical framework is supported by twenty-two semi-structured interviews conducted across five international arbitration jurisdictions and two original datasets. These data have helped to contextualise the nuances of gender-based stigmatisation in prestigious arbitral appointments and at the echelons of international arbitration law firms. The paper establishes that the stigmatising experiences drive elite female professionals and their gender-equality consciousness. These experiences also lead to them devise innovative strategies to minimise the effects of gender inequality on their professional lives.
19
Swift, Maris Stella (Star), Catherine Jones-Rikkers, and James Sanford. "Legal and Procedural Strategies for Employees Utilizing Arbitration for Statutory Disputes." Employee Responsibilities and Rights Journal 16, no. 1 (March 2004): 37–46. http://dx.doi.org/10.1023/b:errj.0000017519.96205.27.
Full text
20
Veasey, Norman. "Corporate Dispute Resolution Strategies to Make Mediation and Arbitration Better Alternatives." Alternatives to the High Cost of Litigation 38, no. 7 (June 30, 2020): 101–15. http://dx.doi.org/10.1002/alt.21846.
Full text
21
Corona, Isabel. "Confidentiality at risk: The interdiscursive construction of International Commercial Arbitration." Discourse & Communication 5, no. 4 (November 2011): 355–74. http://dx.doi.org/10.1177/1750481311418097.
Full textAbstract:
The global demand for information has brought in new developments in the publicity of discursive practices of many professional areas. This study takes the professional practice of International Commercial Arbitration, a mechanism to resolve business disputes outside the courts and traditionally considered as private, to explore the process of resemiotization of information, from the strategies used by corporations in their press releases to the news reports published by national and international media. It takes the theoretical concept of interdiscursivity in critical genre analysis to show that texts are the result of a combination of a very complex range of resources brought about by genres, professional practices and professional cultures, which derive not only from the ‘local’ representation of the transnational arbitration process, but also from the different corporate identities and their ways of coping with the increasing publicity of the facts of arbitration.
22
Powers, Brian R. "Dual-Issue Final-Offer Arbitration: Invariance of Pure Optimal Strategies Under Lp Metrics." International Game Theory Review 21, no. 04 (December 2019): 1950011. http://dx.doi.org/10.1142/s0219198919500117.
Full textAbstract:
We consider a final-offer arbitration problem between two players with two quantitative issues in dispute. We model the problem as a zero-sum game where the arbiter’s opinion is drawn from a bivariate normal distribution and derive the only possible pure strategies regardless of the choice of [Formula: see text] metric used by the arbiter.
23
Senyuta, I. Y. "Arbitration in Medical Cases in Ukraine." Medicne pravo, no. 2(22) (September 25, 2018): 41–49. http://dx.doi.org/10.25040/medicallaw2018.02.041.
Full textAbstract:
Current political and legal conditions caused by the medical reform implementation, transformation of legislation, and increased activity of patients to protect their rights, have given rise to the need to find the best forms, methods and means of protecting human rights in the field of medical care.
The Council of Europe recommends the governments of member states to ensure that patient safety becomes a cornerstone of all relevant healthcare strategies and defines that, while people can make mistakes in all areas of activity, they can turn those mistakes to experience in order to prevent their repeating, and medical professionals and medical organizations that have reached a high level of security have the potential to recognize errors and learn to avoid them. Given the risky nature of the provision of medical care, it is not always possible to achieve the desired result, as well as the inadequate provision or non-provision of medical care can be harmful to the patient's life and health. According to the practice of law enforcement and the current state of development of these relationships, the patients themselves are more vulnerable and their rights are most often being violated.
Given the modern period of medical and legal practice implementation, attention should be drawn to arbitration as an out-of-court jurisdictional form of protecting the subjects’ to legal relations rights in the provision of medical care.
Although the arbitral tribunal does not belong to the judicial system, while being a quasi-judicial authority; however, this form is considered to be jurisdictional, since it is a special non-governmental authorized body created to resolve disputes arising from civil and commercial relations. The Constitutional Court of Ukraine notes that the arbitration of disputes between the parties in the field of civil and commercial relations is a kind of non-governmental jurisdictional activity, which arbitration courts conduct on the basis of the laws of Ukraine, including, in particular, the methods of arbitration. In performing the functions of protection, arbitral tribunals do not exercise justice, but arbitration of disputes. The peculiarity of this method of protection is that, on the one hand, it has similar features with state justice (for example, in the aspect of the adoption of binding decisions), but at the same time it is similar with extrajudicial forms of non-jurisdiction, as, in particular, mediation (however, there is a significant difference between them: the mediator does not make decisions, but only contributes to the decision making by the parties).
One of the major issues in the scope of the study is the question of the possibility of referring subjects to medical legal relations medical to an arbitration tribunal to resolve disputes arising from the provision of medical care. The criteria for the jurisdiction of arbitration courts include: a) the nature of the controversial legal relationship: arbitration court subordinate cases of civil and commercial relations; b) the subjects of controversial legal relations: legal entities and/or individuals; c) the existence of an arbitration agreement between the parties to the dispute.
Novadays, both in national and foreign legal practice, medical arbitrations have been established and operate. In 2009, the first and only Permanent Court of Arbitration was established at the All-Ukrainian Public Organization "Foundation for Medical Law and Bioethics of Ukraine". The purpose of this specialized court is to ensure fair, speedy and effective arbitration of disputes arising from healthcare legal relations and reconciliation of parties to the dispute. However, this court has not yet considered a case due to a number of factors, such as: 1) the lack of legal awareness of the subjects to medical legal relations regarding the possibility of resolving the case through an arbitration court; 2) low level of legal culture of subjects of legal disputess, generating judicial way of disputes resolution as the only possible option; 3) the introduction of amendments to the Law of Ukraine "On Arbitration Courts" in the aspect of excluding from the jurisdiction of arbitration courts disputes related to the protection of consumer rights, including those in the sphere of medical services.
The experience of foreign countries in this aspect is positive. Thus, Arbitration Court for Health Insurance and Health, which is a specialized arbitration in healthcare issues, operates at the St. Petersburg Chamber of Commerce and Industry. It is a self-standing permanent authority that resolves disputes arising from civil legal relations between actors and participants in the health insurance system and the healthcare system in St. Petersburg.
In the United States, there is the Federal Arbitration Law that encourages the use of arbitration in all matters, if the agreement contains a clause on arbitration. Most states have adopted relevant legislation that regulates health arbitration and imposes special requirements for arbitration agreements.
National Medical Arbitration Commission under the Ministry of Health, which exercises medical arbitration and aims to resolve disputes between a doctor and a patient using alternative ways of resolving conflicts, operates in Mexico. All employees and experts are fully funded at the expense of state budget. The Commission is an official body authorized to provide, at the request of judges, expert opinions, which may in future be the basis for judgements. In order to resolve a dispute, whether through the application of a conciliation procedure or arbitration, both parties need to agree that the case would not be tried in court and that the purpose of the Commission's work is not limited to imposition legal liability to a doctor. The Commission is not a judicial body, therefore, it cannot impose penalties, but only gives the parties the opportunity to make reparations under contract.
Taking into account the above, the institute of medical arbitration in Ukraine is worth implementation, as the number of medical cases increases and more and more individuals apply for the protection of violated rights in healthcare system. Advantages of resolving disputes that arise in the provision of medical care in arbitration courts are: 1) simplification of the trial procedure; 2) short terms of consideration of the case; 3) possibility of choosing a judge; 4) preservation of confidentiality; 5) freedom to establish rules of arbitration; 6) voluntary involvement in the arbitration process; 7) synthesis of discretion, which is covered by the review procedure, and the imperativeness due to the binding decision of the parties.
Functions of medical arbitration are the following: a) protective: protection of rights of subjects of legal relations in the field of medical assistance; b) controlling: it is the component of healthcare quality management system; c) educational: enhancement of legal culture and legal awareness of the subjects of medical legal relations, as well as promotion of confidence in arbitration proceedings.
Taking into account foreign experience and national legal regulation, and according to the specific nature of legal relations in the field of medical assistance and the task of arbitration proceedings in defense of non-proprietary rights, it would be advisable to make modifications to reduce the scope of subordinate prohibitions for arbitration, in particular, in cases concerning disputes in the field of consumer rights protection, identifying only those categories that would be banned (the cases for medical services consumers’ rights protection should not fall into scope of such limitation), as well as conducting spectral work on increasing the authority of the arbitration proceedings and the level of competence of arbitrators. Also, it should be noted that tort cases can be subject to arbitration in case entering into agreements (arbitration agreements) between the creditor and the debtor in order to achieve the purpose of the obligation: the reimbursement of the harm done to the victim.
24
Bekong, Bekong Tobias. "PRINCIPALS’ USE OF ARBITRATION CONFLICT MANAGEMENT STRATEGY AND ITS IMPACT ON TEACHERS’ EFFECTIVENESS IN CATHOLIC SECONDARY SCHOOLS IN THE KUMBA MUNICIPALITY MEME DIVISION SOUTH WEST REGION OF CAMEROON." American Journal of Management and Economics Innovations 5, no. 9 (September 1, 2023): 30–40. http://dx.doi.org/10.37547/tajmei/volume05issue09-06.
Full textAbstract:
This study focused on principals’ arbitration management strategies and its impact on teachers’ effectiveness in Catholic secondary schools in the Kumba municipality, Meme Division, Southwest Region. The lone objective was to investigate the impact of Principals’ arbitration conflict Management strategies on Teachers’ effectiveness in Catholic Secondary Schools in the Kumba municipality. This paper used of John W. Burton conflict resolution theory (1980). The research design chosen for this study was the qualitative case study research design. The sample technique for the research was the purposive sampling technique and the sample size was 9 participants (3 principals and 6 teachers). Two research instruments were used in collecting data for this study: principals’ and teachers’ interview guides). The instruments validity and reliability were ensured through supervisor’s content scrutiny and ensuring transparency and auditing of the research activities as well as peer debriefing. Findings of the study showed that principals use of Arbitration conflict management strategy had an impact on teachers’ effectiveness. Based on this finding the researcher recommended that the Catholic education secretariate should provide capacity building workshop for principals on conflict management. Also, the government in partnership with Catholic hierarchy should encourage the provision of capacity building workshops for teachers on teamwork and collaboration in the teaching environment.
25
Gotti, Maurizio. "The influence of legal tradition on Italian arbitration discourse." Semiotica 2017, no. 216 (May 24, 2017): 317–37. http://dx.doi.org/10.1515/sem-2017-0037.
Full textAbstract:
AbstractIn the last few decades, arbitration has been increasingly adopted in trade and commerce to resolve conflicts. As this method of settling commercial disputes is commonly considered an efficient, economical and effective alternative to litigation, the language used in arbitration documents is usually deemed to differ from that of litigation texts. However, in recent years there has been a narrowing between the two practices, as litigation processes and procedures have increasingly been seen to influence arbitration practices. In view of these considerations, the paper investigates the nature and the extent of the “colonization” of commercial arbitration discourse by litigation language in the Italian context, and explores the motivations for such an interdiscursive process. To better understand how and to what extent language forms/functions correlate to the “colonization” of arbitration discourse, the paper focuses on the lexico-semantic elements of the Italian arbitration texts examined here and on the linguistic expression of their rhetorical-pragmatic strategies. In particular, it examines whether key linguistic features of Italian legal language are also present in the texts taken into consideration. The analysis is based on the recording of recent Italian arbitral proceedings as well as awards of commercial arbitration cases, and also examines documents used in Online Dispute Resolution, a field which is supposed to be more user-friendly and accessible to laymen wishing for clear resolutions to resolve their disputes. Relying on the analysis of the texts, the chapter shows the presence of the main lexical, syntactic and textual patterns typical of Italian legal language. The presence of these features can be explained not only by the legal background of many of the arbitrators but also by a process of standardization which seems to condition also the non-legal experts working in this field.
26
Zhu, Chun Yang, and Qi Yi Guo. "Research on Multi-Optimizing Strategy for MVB Sporadic Data of Rail Transit On-Board Network." Applied Mechanics and Materials 543-547 (March 2014): 1987–94. http://dx.doi.org/10.4028/www.scientific.net/amm.543-547.1987.
Full textAbstract:
In order to improve real-time of MVB sporadic data communication, we study and analysis MVB sporadic data communication scheduling modelling and collision event arbitration mechanism, the communication maximum arbitration delay is closely related with concurrent message events, binary tree search algorithm mechanism bring out big communication delay, so, we makes use of multi-optimizing strategies, applying dynamically assigned communication of sporadic data and slave frame stuffing of process data, decreasing communication delay of sporadic data and making sure that emergent sporadic data firstly send, it is a good try to optimize real-time of sporadic data.
27
Bautista, Lowell. "The South China Sea Arbitral Award: Evolving Post-Arbitration Strategies, Implications and Challenges." Asian Politics & Policy 10, no. 2 (April 2018): 178–89. http://dx.doi.org/10.1111/aspp.12398.
Full text
28
Gahan, Peter. "Did Arbitration Make for Dependent Unionism? Evidence from Historical Case Studies." Journal of Industrial Relations 38, no. 4 (December 1996): 648–98. http://dx.doi.org/10.1177/002218569603800407.
Full textAbstract:
The analysis of Australian union behaviour, growth and structure has centred on the relationship between unions and arbitration. To varying degrees it has been assumed that Australian unions are dependent on arbitration for the supply of resources critical to their functions. The nature and extent of this dependency have, however, remained empirically unexplored. Yet it is clear that if this depend ency relationship were a valid description of the relationship between unions and arbitration, its implications for the survial of unions under a different labour law regime would be profound. This paper, through the investigation of four historical case studies. questions the validity of the dependency hypothesis as a useful explanation of Australian union behaviour. A number of concerns emerge from the case analysis. To begin with, the general interpretation of key historical moments that the dependency hypothesis relies on does not capture the diversity of experience evident in these four cases. While arbitration played an important role in influencing union behav iour by altering the costs and incentives of pursuing particular strategies, the evidence suggests that a range of other factors account for this diversity. Moreo ver, arbitration was not only an institutional structure that unions faced. Rather, part of their strategic interplay with it was concerned with shaping the system to further their own goals through the use of different 'bundles' of political and industrial resources at the disposal of individual unions. Most importantly, to the extent that these unions were dependent organizations, they were dependent on a range of institutional and organizational mechanisms for the supply of critical resources. Arguably, this study also has profound implications for how more generalized accounts of union development are constructed and theorized. A localized analysis, which focuses on individual unions and their own micro- contexts, is advanced as a more appropriate starting point for union theory.
29
Ibarra-Delgado, Salvador, Remberto Sandoval-Arechiga, José Ricardo Gómez-Rodríguez, Manuel Ortíz-López, and María Brox. "A Bandwidth Control Arbitration for SoC Interconnections Performing Applications with Task Dependencies." Micromachines 11, no. 12 (November 30, 2020): 1063. http://dx.doi.org/10.3390/mi11121063.
Full textAbstract:
Current System-on-Chips (SoCs) execute applications with task dependency that compete for shared resources such as buses, memories, and accelerators. In such a structure, the arbitration policy becomes a critical part of the system to guarantee access and bandwidth suitable for the competing applications. Some strategies proposed in the literature to cope with these issues are Round-Robin, Weighted Round-Robin, Lottery, Time Division Access Multiplexing (TDMA), and combinations. However, a fine-grained bandwidth control arbitration policy is missing from the literature. We propose an innovative arbitration policy based on opportunistic access and a supervised utilization of the bus in terms of transmitted flits (transmission units) that settle the access and fine-grained control. In our proposal, every competing element has a budget. Opportunistic access grants the bus to request even if the component has spent all its flits. Supervised debt accounts a record for every transmitted flit when it has no flits to spend. Our proposal applies to interconnection systems such as buses, switches, and routers. The presented approach achieves deadlock-free behavior even with task dependency applications in the scenarios analyzed through cycle-accurate simulation models. The synergy between opportunistic and supervised debt techniques outperforms Lottery, TDMA, and Weighted Round-Robin in terms of bandwidth control in the experimental studies performed.
30
Rabow, Gerald. "Note—Response to “Equilibrium Strategies for Final-Offer Arbitration: There is No Median Convergence”." Management Science 31, no. 3 (March 1985): 374–75. http://dx.doi.org/10.1287/mnsc.31.3.374.
Full text
31
Olmos Giupponi, Belen, and Hong-Lin Yu. "Analysing Obstacles and Challenges in Fighting Corruption in Cases of Illegal Investments." Laws 11, no. 4 (July 27, 2022): 59. http://dx.doi.org/10.3390/laws11040059.
Full textAbstract:
Due to existing shortcomings in the system, the suitability and effectiveness of the international investment arbitration regime in addressing corrupt practices in international transactions and investment projects has been frequently questioned. The current legal and regulatory regime presumes that there is a level playing field, i.e., that the parties to an arbitration have equal access to information regarding corrupt actions. However, in practice, bringing claims of corruption in international investment fora meets various obstacles such as evidentiary hurdles and the lack of a specific arbitrators’ mandate. Hence, the focus of this article is on addressing gaps in the international investment arbitration regime dealing with corruption cases. There is increasing concern that the international legal and regulatory regime is inadequate and contains gaps that permit multinational firms to engage in illegal acts involving corruption. Against this backdrop, the main issue that arises is how the international community should respond. This article reviews the gaps in the international investment arbitration regime and then identifies two broad strategies to address the issue of accountability. The first strategy would be to build on and strengthen the existing international investment arbitration regime, which would imply its re-engineering. A second strategy would be to establish a regime providing a new forum and an avenue for dedicated international criminal investigators to be paired with dedicated anticorruption courts that would handle criminal complaints. The Anticorruption Protocol to the United Nations Convention against Corruption (APUNCAC) represents an example of the second strategy. The APUNCAC is a model convention that calls for the implementation of a system comprising dedicated international criminal investigators and dedicated anticorruption courts, in addition to a system where plaintiffs could pursue civil class actions and seek treble damages. The APUNCAC represents a more radical strategy for addressing corruption on the international level. In addition, the APUNCAC would also permit civil class actions seeking treble damages. Overall, the APUNCAC would offer claimants an opportunity to pursue their claims in a neutral forum.
32
Owsiak, Andrew P., and Sara McLaughlin Mitchell. "Conflict Management in Land, River, and Maritime Claims." Political Science Research and Methods 7, no. 1 (February 28, 2017): 43–61. http://dx.doi.org/10.1017/psrm.2016.56.
Full textAbstract:
Why do disputants favor some conflict management strategies when managing certain territorial claim types—land, river, or maritime—but not others? We propose that state interests—defined via claim characteristics and interdependence—and transaction costs (i.e., the challenges associated with aggregating state preferences over outcomes) differ across claim types. These differences then incentivize states to cede varying levels of control over claim management, ultimately encouraging them to prioritize and institutionalize certain conflict management strategies when managing particular types of territorial claims. More specifically, we theorize and find that states pursue distinct management strategies when addressing their land (informal; bilateral negotiations and arbitration), river (more formal; third-party non-binding), and maritime claims (most formal; multilateral negotiations and legal processes).
33
Lam, Joanna, and Güneş Ünüvar. "Transparency and participatory aspects of investor-state dispute settlement in the EU ‘new wave’ trade agreements." Leiden Journal of International Law 32, no. 4 (September 4, 2019): 781–800. http://dx.doi.org/10.1017/s0922156519000360.
Full textAbstract:
AbstractThis article scrutinizes the investment chapters in the new EU Free Trade Agreements from a transparency perspective. The article examines the claims that the dispute settlement mechanisms in the new treaties are sufficiently participatory and more transparent than their predecessors. Procedural standards related to confidentiality of proceedings shall be analysed in the context of existing transparency safeguards in investment arbitration. In addition to procedural guarantees of transparency, the article examines relevant substantive rules affecting participatory aspects of dispute settlement. Furthermore, the article discusses forum-shopping strategies of the parties in the field of investment-related disputes, including internal forum-shopping and parallel proceedings using different procedural mechanisms. In this context, lessons from other fields such as international commercial arbitration related to transparency (in cases in which public interest is present) are highlighted. The proposal for the establishment of an integrated, multilateral court for investment cases is also invoked.
34
ORTOLANI, PIETRO. "Are Bondholders Investors? Sovereign Debt and Investment Arbitration afterPoštová." Leiden Journal of International Law 30, no. 2 (February 28, 2017): 383–404. http://dx.doi.org/10.1017/s0922156517000176.
Full textAbstract:
AbstractAs a result of the 2010 sovereign debt crisis and the subsequent restructuring operations, bondholders have pursued different dispute resolution strategies. Litigation before US courts has proved to be a viable option, as demonstrated by the Argentine cases. State court litigation, however, is not the only available forum: in some cases, bondholders have commenced arbitration proceedings against the issuing state.Arbitral case law has been consistent in concluding that the holders of sovereign bonds issued by the host state qualify as investors and thus have standing to bring investment treaty-based claims. The recentPoštováaward, however, casts doubts over whether holders of sovereign bonds qualify as investors for the purposes of international investment law.This article illustrates the main problems revolving around the qualification of sovereign bonds as investments for the purposes of international investment law. The article summarizes the relevant legal framework and the solutions adopted by arbitral case law so far. Subsequently, the contents of thePoštovádecision are addressed in detail and the consequences of this decision are scrutinizsed.
35
Adekola, Adetola Adeniyi, Busuyi Francis Olowo, and Olugbenga Timothy Ajadi. "ACADEMIC STAFF UNION VERSUS GOVERNMENT NEGOTIATION STRATEGIES: A VERITABLE TOOL FOR SUSTAINING INDUSTRIAL HARMONY IN ONDO STATE SECONDARY SCHOOLS, NIGERIA." IJIET (International Journal of Indonesian Education and Teaching) 5, no. 1 (January 27, 2021): 71–82. http://dx.doi.org/10.24071/ijiet.v5i1.2760.
Full textAbstract:
The study assessed negotiation strategies adopted by ASUSS and government for sustaining industrial harmony in Ondo State secondary school, Nigeria. The study adopted the survey research design using quantitative approach. The population for the study comprised 300 Principals, 600 Vice-Principals and 13,000 teachers from the 300 secondary schools in Ondo State. The sample was made up of 1500 respondents which comprised 90 principals, 180 vice-principals and 1,230 teachers using multistage sampling procedure. An instrument was use to gather data. The data collected were analysed using descriptive statistics. The findings of the study established that the causes of industrial disharmony between ASUSS and Ondo State Government were inadequate teaching and infrastructural materials (96.1%), unfavourable salary structure applicable in the State (97.3%), undue interference of government in union leadership and Government non-implementation of concluded agreements between ASUSS and Ondo State Government (93%). The findings also showed that the causes of the industrial disharmony have made ASUSS and Ondo State Government to have frequent disharmony annually (76.9%), every five years (76.7%), and biennially (76.7%). The results also indicated that the various negotiation strategies that have been adopted by ASUSS and government which include mediation (88.10%), conciliation (62.20%), arbitration (53.6%), formal Inquiry (99%) and reference to the National Industrial Court (99.10%). The results equally showed that the most effective strategies that frequently used in enhancing industrial harmony were board of inquiry (52%) and collective agreement (93,7%). The study concluded that mediation, conciliation, arbitration, formal inquiry and reference to the National Industrial Court were the ASUSS and Ondo State Government negotiation strategies as a means of ensuring industrial harmony in Ondo State secondary schools
36
Justwan, Florian. "Trusting Publics." Journal of Conflict Resolution 61, no. 3 (July 10, 2016): 590–614. http://dx.doi.org/10.1177/0022002715590879.
Full textAbstract:
Under which circumstances do two democracies involved in a dispute decide to pursue binding conflict management? I argue that the existing literature is incomplete. In order to fully understand why democratic decision makers choose arbitration or adjudication over alternative strategies, it is necessary to consider the social trust levels of the general populations in both states. During arbitration and adjudication, states give up sovereignty in a crucial domain of foreign policy. This loss of control should be less problematic for high-trusting societies than their low-trusting counterparts. If citizens are generally optimistic about the behavior of strangers, they are more likely to place their country’s interests under the control of others. Furthermore, since the general population poses smaller constraints on decision makers in nondemocratic settings, I expect the effect of trust to be strongest in democratic dyads. An empirical analysis with a new data set of social trust provides support for this hypothesis.
37
Pavón, MCarmen, José Sánchez, MCarmen Guerrero, JLuis Molina, and Servando Álvarez. "Sensitivity analysys and potential evaluation using building thermal mass combined with DSM strategies." E3S Web of Conferences 111 (2019): 06029. http://dx.doi.org/10.1051/e3sconf/201911106029.
Full textAbstract:
The objective of the work is to develop an algorithm that automatically manages the activation of the heat pump in response to the most appropriate strategies according to the pricing and operating conditions. It is interesting to see if a balance can be reached between the cost savings, the increase in energy consumed, the thermal comfort of the occupants and the contribution to the reduction of the peak loads. The study shows different results and conclusions, highlighting the important influence of various factors on the results obtained, such as user behavior, constructive quality of the building and electric pricing. Connection with a future renewable production can maximize the economic savings; it is interesting the use of buildings as thermal storage of unused photovoltaic surplus. Finally, the possibility of combining these measures with electrical storage and with the possible arbitration linked to renewable production.
38
Trakman, Leon E. "Investor State Arbitration or Local Courts: Will Australia Set a New Trend?" Journal of World Trade 46, Issue 1 (February 1, 2012): 83–120. http://dx.doi.org/10.54648/trad2012004.
Full textAbstract:
The Australian Government announced in April 2011 that it will no longer include arbitration clauses in its investment treaties but will provide that investment disputes between foreign investors and host states be heard by the domestic courts of those host states instead. This statement reflects doubts by a developed state about the efficiency of bilateral investment treaties (BITs) in general and investment arbitration in particular. It also raises the question whether other countries will follow particular strategies to suit their discrete needs. One ramification is that resource wealthy states will make tactical decisions, such as entering into BITs only with capital exporting countries, as South Africa has declared. Another is whether developed states will avoid concluding BITs with developing countries whose domestic court systems are unknown or mistrusted. Yet another issue is how a policy statement, such as enunciated by Australia, will impact on its ability to attract foreign investment while protecting its national interests and also its investors abroad. This article deals with these issues, highlighting the significance of competing dispute resolution options in addressing the issues.
39
Makarenkov, Oleksii, and Lurdes Varregoso Mesquita. "Challenges of Legal Guarantees for the Enforcement of Arbitral Awards in International Commercial Cases." Access to Justice in Eastern Europe 7, no. 1 (December 20, 2023): 1–20. http://dx.doi.org/10.33327/ajee-18-7.1-a000133.
Full textAbstract:
Background: The historical determinants of the appearance of international arbitration correspond to the general tendency of the complication of legal relations of highly developed civilisations, where business processes are its drivers. It is expected that a complex transnational business layered on different levels of civilisation is characterised by an increase in the probability of misunderstandings regarding the proper fulfilment of obligations, the resolution of which is referred to as international arbitration, which, by nature, is more effective than national courts. In this regard, within legal doctrine and among legal practitioners, there is an ongoing discourse on strategies to mitigate risks associated with the execution of international arbitration decisions and related issues. Methods: The research employed a methodological toolkit encompassing formal and dialectical logic, a synergistic methodological approach. The primary method within this framework was the synergistic analysis of the transformation of formal-legal sources and the corresponding application practices. Additional methods included historical-legal, comparative-legal, formal-dogmatic methods and contextual analysis. Results and Conclusions: Formal-legal guarantees for the execution of international arbitration decisions represent a system of requirements governing the procedural and actual actions of state- authorised persons (bodies) that ultimately lead to such execution. The basis of such guarantees is the adequacy of the subject to which the method is applied. Firstly, the arbitrators must make the decision. Secondly, this concerns a property (commercial) dispute. Thirdly and fourthly, enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought and arising out of differences between persons, whether physical or legal. These signs follow from the corresponding specific acts of private international law. The enforceability of an arbitral award depends on the timely and appropriate actions of the parties to the contract. Even during the negotiation of a foreign economic agreement, the result of an audit of the business partner’s reliability in terms of its ability to fulfil its financial and/or other obligations properly should be obtained.
40
Peñaranda, Andrés F., David Romero-Quete, and Camilo A. Cortés. "Grid-Scale Battery Energy Storage for Arbitrage Purposes: A Colombian Case." Batteries 7, no. 3 (September 3, 2021): 59. http://dx.doi.org/10.3390/batteries7030059.
Full textAbstract:
This study seeks to determine a suitable arbitrage strategy that allows a battery energy storage system (BESS) owner to obtain the maximum economic benefits when participating in the Colombian electricity market. A comparison of different arbitration strategies from the literature, such as seasonal, statistical, and neural networks-based models, is performed. To determine BESS’s optimal operation, a Mixed Integer Linear Programming (MILP) optimization problem is formulated, including a battery degradation model based on an upper piecewise linear approximation method. A financial evaluation of the different arbitrage strategies is carried out, resulting, for all the analyzed cases, in a negative net present value (NPV); thus, the results show that the income obtained from BESS when only performing energy arbitrage in the Colombian market do not compensate the investment costs. Results have also shown that strategies based on statistical and prediction models have a better performance than seasonal strategies, especially in atypical circumstances such as COVID-19.
41
Nurhamidin, Candra Puspita. "Strategi Manajemen Konflik dalam Perspektif Al-Qur’an dan Hadis." Jurnal Pendidikan Islam 1, no. 2 (December 27, 2023): 15. http://dx.doi.org/10.47134/pjpi.v1i2.238.
Full textAbstract:
Conflict doesn't only occur in a society or organizational group; it can also arise within each individual. Dealing with conflict requires accurate handling through conflict management. By examining and delving into conflict management strategies, it can help minimize conflicts in society, organizations, and educational institutions. This study aims to examine conflict management strategies from the perspective of the Qur'an and Hadith. This study employs a qualitative approach with literature study/data collection techniques originating from books, articles, and journals that discuss conflict management strategies from the perspective of the Qur'an and Hadith. The study's findings indicate that conflict management is a strategy for groups, organizations, and individuals to anticipate disputes and disagreements among individuals. Conflicts can stem from human and organizational factors. Approaches that can be implemented in conflict include using compromising styles, avoiding styles, dominating styles, following the will, and collaborative styles. Conflict management strategies that can be implemented from the perspective of the Qur'an and Hadith include negotiation, verification, consultation, arbitration, and reconciliation.
42
Ramakrishnan, Srinivasan, Jeffrey Chen, Gopi Neppala, Ariella Wagner, Wouter Kool, Iliyan Ivanov, and Muhammad A. Parvaz. "Impaired Arbitration Between Decision-Making Strategies in Alcohol and Cannabis Users: A Preliminary Computational Modeling Study." Biological Psychiatry 89, no. 9 (May 2021): S128—S129. http://dx.doi.org/10.1016/j.biopsych.2021.02.332.
Full text
43
Kamil Kozan, M., Canan Ergin, and Demet Varoglu. "Third party intervention strategies of managers in subordinates' conflicts in Turkey." International Journal of Conflict Management 18, no. 2 (July 13, 2007): 128–47. http://dx.doi.org/10.1108/10444060710759345.
Full textAbstract:
PurposeThe purpose of this paper is to investigate strategies used by managers when intervening in subordinates' conflicts and the factors affecting choice of strategy in Turkish organizations, where heavy emphasis is placed on intermediaries in managing conflicts.Design/methodology/approachData were collected by means of a questionnaire from 392 employees of a convenience sample of 59 organizations, most of which were located in Ankara.FindingsFactor analysis results showed that managers utilize as many as five strategies: mediation, inquisitorial (similar to arbitration), motivational tactics, conflict reduction through restructuring, and educating the parties. The conditions under which these strategies are used were analyzed by regression. Harmony emphasis in the organization led to increased use of mediation. However, harmony emphasis, when coupled with a low degree of delegation of authority to subordinates, resulted in increased use of the inquisitorial strategy. Harmony emphasis, when combined with substantive (as opposed to personal) conflicts and with high impact conflicts led to educating the subordinates. Motivational tactics were used more when the conflict had high impact at the workplace and had escalated or threatened to get out of control.Research limitations/implicationsReaders are cautioned on possible common factor bias; relations between variables may have emerged as a result of the data being reported by the same respondent.Originality/valueThe findings have research implications for future studies and for training of managers for conflict intervention in collectivistic cultures.
44
Ademola, John Christopher, Cyril Michael Ubala, and Idris Mustapha Abdullahi. "Influence of School Administrators’ Conflict Resolution Strategies on Teachers’ Job Satisfaction." Journal of Pedagogy and Education Science 2, no. 02 (April 29, 2023): 132–44. http://dx.doi.org/10.56741/jpes.v2i02.320.
Full textAbstract:
This paper was undertaken to determine the influence of school administrators’ conflict resolution strategies on teachers’ job satisfaction in GTCs of Kano State, Nigeria. A correlational research design was used in the study. 367 respondents comprising of 15 administrators and 352 Technical teachers in GTCs in Kano State form the population of the study. The sample size was 201 respondents selected using simple random sampling technique. Conflict Management Strategies Questionnaire (CMSQ), a structured questionnaire designed by the researchers, served as the data gathering tool. Three experts validated the instrument, and a reliability index of 0.82 was established using Cronbach Alpha. The questions in the study were answered using the mean statistic, and regression analysis with a 0.05 level of significance was used to test the null hypotheses. The findings revealed that: principals in GTCs in Kano State employed the following conflict-resolution techniques: negotiation, arbitration, effective communication, conversation, accommodation, harmonization, adjudication, and smoothing. Furthermore, to a moderate extent, the negotiation conflict management strategy influences teachers' job satisfaction. It was recommended that Government should provide more training for school administrators on the effective ways for conflict management resolution strategy to engender effective conflict resolutions in GTCs that will enhance teachers’ job satisfaction. Additionally, School administrators should encourage their staff to resolve their disputes through dialogue and be ready to abide by the outcome of the dialogue.
45
Bornea, Mihaela, Lin Pan, Sara Rosenthal, Radu Florian, and Avirup Sil. "Multilingual Transfer Learning for QA using Translation as Data Augmentation." Proceedings of the AAAI Conference on Artificial Intelligence 35, no. 14 (May 18, 2021): 12583–91. http://dx.doi.org/10.1609/aaai.v35i14.17491.
Full textAbstract:
Prior work on multilingual question answering has mostly focused on using large multilingual pre-trained language models (LM) to perform zero-shot language-wise learning: train a QA model on English and test on other languages. In this work, we explore strategies that improve cross-lingual transfer by bringing the multilingual embeddings closer in the semantic space. Our first strategy augments the original English training data with machine translation-generated data. This results in a corpus of multilingual silver-labeled QA pairs that is 14 times larger than the original training set. In addition, we propose two novel strategies, language adversarial training and language arbitration framework, which significantly improve the (zero-resource) cross-lingual transfer performance and result in LM embeddings that are less language-variant. Empirically, we show that the proposed models outperform the previous zero-shot baseline on the recently introduced multilingual MLQA and TyDiQA datasets.
46
Yan, Chunrong, Xintian Xiang, Liping Li, and Guoxiang Li. "Environmental Credit Constraints and the Enterprise Choice of Environmental Protection Behavior." Sustainability 15, no. 24 (December 7, 2023): 16638. http://dx.doi.org/10.3390/su152416638.
Full textAbstract:
Choosing appropriate environmental protection strategies is important in improving enterprises’ economic and environmental performance. Based on the data of A-share listed enterprises from 2009 to 2019 in China, this paper uses the difference-in-differences model to identify the effects of environmental credit constraints on the enterprise choice of environmental protection behavior. We find that environmental credit constraints motivate some enterprises to choose active environmental behavior due to the incentive effect of environmental credit constraints on R&D investments. However, some enterprises may adopt evasive strategies because environmental credit constraints increase production costs and debt. State-owned enterprises prefer active environmental protection strategies to address environmental credit constraints, while private enterprises mainly adopt evasive strategies. Environmental credit constraints make high-interest and high-profitability enterprises choose active environmental strategies. Environmental credit constraints generated by enterprises’ evasive environmental behavior increase the probability of litigation and arbitration cases, and environmental credit system construction in the short term may exacerbate unemployment, which the government needs to pay attention to when developing and implementing a blacklist system for environmental fraud. Although there are limitations in this paper in terms of research objectives and samples, the results are important for improving the environmental management system and the operating performance of enterprises.
47
Shen, Jie. "An Analysis of Changing Industrial Relations in China." International Journal of Comparative Labour Law and Industrial Relations 22, Issue 3 (September 1, 2006): 347–68. http://dx.doi.org/10.54648/ijcl2006018.
Full textAbstract:
Abstract: This paper explores changing industrial relations in China by reviewing the existing literature and analysing a recent industrial relations survey conducted by the Shanghai Municipal Trade Union Council. During the transition from a planned economy to a quasi-market one, a harmonic relationship has been replaced by widespread labour disputes between enterprise management and workers. The growing violations of workers? rights are mainly due to diversity of ownership, a lack of regulations for human resources management, extended management power over employment relations, inadequate social security, surplus labour supply and weak unions. In order to achieve social stability the Chinese government is keen to establish a system of protection of workers? rights. The current system is centred on labour arbitration that is accompanied by tripartite negotiation, collective (regional) agreements and labour courts. Unions play no more than a role of mediation, organising meetings in tripartite negotiation. Consequently, local labour bureaux or (government) industry bureaux have a strong tendency to interfere in and influence industrial relations. ?Rival? regional unions or workers? congresses set up by the union council to represent workers in their regions are emerging. However, they have not yet played an active role in solving labour disputes. Strengthening labour arbitration is the key to developing labour dispute management strategies in China given that independent unions are not possible in the near future.
48
Chai, Jie, Xiaogang Ruan, and Jing Huang. "NLM-HS: Navigation Learning Model Based on a Hippocampal–Striatal Circuit for Explaining Navigation Mechanisms in Animal Brains." Brain Sciences 11, no. 6 (June 17, 2021): 803. http://dx.doi.org/10.3390/brainsci11060803.
Full textAbstract:
Neurophysiological studies have shown that the hippocampus, striatum, and prefrontal cortex play different roles in animal navigation, but it is still less clear how these structures work together. In this paper, we establish a navigation learning model based on the hippocampal–striatal circuit (NLM-HS), which provides a possible explanation for the navigation mechanism in the animal brain. The hippocampal model generates a cognitive map of the environment and performs goal-directed navigation by using a place cell sequence planning algorithm. The striatal model performs reward-related habitual navigation by using the classic temporal difference learning algorithm. Since the two models may produce inconsistent behavioral decisions, the prefrontal cortex model chooses the most appropriate strategies by using a strategy arbitration mechanism. The cognitive and learning mechanism of the NLM-HS works in two stages of exploration and navigation. First, the agent uses a hippocampal model to construct the cognitive map of the unknown environment. Then, the agent uses the strategy arbitration mechanism in the prefrontal cortex model to directly decide which strategy to choose. To test the validity of the NLM-HS, the classical Tolman detour experiment was reproduced. The results show that the NLM-HS not only makes agents show environmental cognition and navigation behavior similar to animals, but also makes behavioral decisions faster and achieves better adaptivity than hippocampal or striatal models alone.
49
Rico, Leonard. "The New Industrial Relations: British Electricians' New-Style Agreements." ILR Review 41, no. 1 (October 1987): 63–78. http://dx.doi.org/10.1177/001979398704100106.
Full textAbstract:
This study analyzes the response of the British Electricians' Union to economic adversity, and to new managerial strategies, as embodied in the union's novel agreements in three Japanese-owned British electronics firms. These agreements provide that the union is the sole bargaining representative in each firm; most British plants, by contrast, have multiple-union representation. Most of the new-style agreements also contain a no-strike clause, final-offer arbitration of interest disputes, and measures to increase labor flexibility, reduce the diversity in conditions among plant, office, and managerial employees, and enhance employee participation in major company decisions. The author views these agreements as evidence that fundamental changes in collective bargaining relationships are taking place.
50
Webster, Barbara. "A 'Cosy Relationship' If You Had It: Queensland Labor's Arbitration System and Union Organising Strategies in Rockhampton, 1916-57." Labour History, no. 83 (2002): 89. http://dx.doi.org/10.2307/27516884.
Full text