Academic literature on the topic 'Dispute resolution; Litigation'
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Journal articles on the topic "Dispute resolution; Litigation"
Wibowo, Afrizal Mukti, Sukarmi Sukarmi, and Siti Hamidah. "ANALISIS YURIDIS KEWENANGAN PENYELESAIAN SENGKETA PEMBIAYAAN KONSUMEN DI INDONESIA." Legality : Jurnal Ilmiah Hukum 27, no. 1 (July 22, 2019): 41. http://dx.doi.org/10.22219/jihl.v27i1.8957.
Full textKaya, Serkan, Muhammed Danyal Khan, and Rao Imran Habib. "Advanced Technologies for Supporting Dispute Resolution: An Analysis." Review of Applied Management and Social Sciences 2, no. 1 (June 30, 2019): 47–57. http://dx.doi.org/10.47067/ramss.v2i1.14.
Full textBroadbent, Nigel. "Alternative Dispute Resolution." Legal Information Management 9, no. 3 (September 2009): 195–98. http://dx.doi.org/10.1017/s1472669609990326.
Full textIzzati, Nur Arissa, Chusnul Qotimah Nita Permata, and Miftah Santalia. "Assessing the Effectiveness of Settling Indonesian Sea Border Disputes through Litigation and Non-Litigation Paths." Lex Scientia Law Review 4, no. 1 (May 8, 2020): 1–18. http://dx.doi.org/10.15294/lesrev.v4i1.38261.
Full textHudiata, Edi. "REKONSTRUKSI HUKUM PENYELESAIAN SENGKETA PASAR MODAL SYARIAH: PENGUATAN ASPEK REGULASI UNTUK MEMBERIKAN KEPASTIAN HUKUM." Jurnal Hukum dan Peradilan 6, no. 2 (July 31, 2017): 297. http://dx.doi.org/10.25216/jhp.6.2.2017.297-316.
Full textHartman, Francis T., and George F. Jergeas. "A model for proactive mediation of construction disputes." Canadian Journal of Civil Engineering 22, no. 1 (February 1, 1995): 15–22. http://dx.doi.org/10.1139/l95-002.
Full textNufaris Elisa. "The Resolution of International Trade Disputes through Arbitration." Britain International of Humanities and Social Sciences (BIoHS) Journal 2, no. 1 (February 29, 2020): 296–301. http://dx.doi.org/10.33258/biohs.v2i1.191.
Full textRasyid, Abdul. "Relevance of Islamic Dispute Resolution Processes in Islamic Banking and Finance." Arab Law Quarterly 27, no. 4 (2013): 343–69. http://dx.doi.org/10.1163/15730255-12341267.
Full textMoisejevas, Raimundas. "The Damages Directive and Consensual Approach to Antitrust Enforcement." Yearbook of Antitrust and Regulatory Studies 8, no. 12 (2015): 181–94. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.8.
Full textAswandi, Andi. "UPAYA HUKUM DALAM PENYELESAIAN SENGKETA PERDAGANGAN EMAS BERJANGKA PADA PT. RIFAN FINANCINDO BERJANGKA PEKANBARU." JCH (Jurnal Cendekia Hukum) 4, no. 2 (March 28, 2019): 302. http://dx.doi.org/10.33760/jch.v4i2.107.
Full textDissertations / Theses on the topic "Dispute resolution; Litigation"
Rivlin, Jennifer N. "Conflict management climate related to employment litigation." Diss., Georgia Institute of Technology, 2001. http://hdl.handle.net/1853/29532.
Full textWilson, P. "The socio-legal dynamics of HIV and AIDS." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.282066.
Full textGerber, Marcel. "Alternative dispute resolution in the BRICS nations: A comparative labour law perspective." University of the Western Cape, 2019. http://hdl.handle.net/11394/6996.
Full textAlternative dispute resolution refers to forms of dispute resolution, other than traditional and formal court based litigation. A notable benefit of alternative dispute resolution is that different processes are available for resolving a particular dispute in the most effective and efficient manner possible. Alternative dispute resolution includes but is not limited to arbitration, mediation, negotiation, conciliation and facilitation. The Constitution of the Republic of South Africa, 1996, lists human dignity, equality and the advancement of human rights and freedoms as the founding values of the Republic of South Africa. In terms of section 9(1) of the Constitution everyone is regarded as equal before the law and has the right to equal protection and benefit of the law in South Africa. Often it is however argued that traditional court based litigation hinders the full enjoyment of these rights by individuals. Consequently, alternative dispute resolution is attractive as an alternative to court based litigation as it is regarded as less expensive, more time effective and results in less conflict when it comes to resolving disputes in the most accessible, effective and efficient manner possible, in both developed and developing countries. The study will first focus on the pitfalls to traditional court based litigation in South Africa. The relevant legislation and processes which provide for alternative dispute resolution processes in South Africa, with specific focus on alternative dispute resolution in labour disputes, will be considered. Consideration will be given to the provision of alternative dispute resolution as contained in the Constitution, the Labour Relations Act 66 of 1995, the Rules for the Conduct of Proceedings before the CCMA of 2003 and the Arbitration Act 42 of 1965. The study will thereafter proceed to consider the use of alternative dispute resolution in labour disputes in Brazil, Russia, India and China, who, together with South Africa, are collectively referred to as BRICS. These five nations are considered the world’s leading emerging economies, with similar economic capabilities and demographics.
Thompson, Roxene Marie II. "Efforts to Manage Disputes in the Construction Industry: A Comparison of the New Engineering Contract and the Dispute Review Board." Thesis, Virginia Tech, 1998. http://hdl.handle.net/10919/36625.
Full textMaster of Science
Maclons, Whitney. "Mandatory court based mediation as an alternative dispute resolution process in the South African civil justice system." University of the Western Cape, 2014. http://hdl.handle.net/11394/4407.
Full textCivil litigation is the primary method of dispute resolution in the South African civil justice system. This process is characterised by a number of shortcomings which include the adversarial nature of the process which often creates further conflict between disputing parties and often results in permanently destroyed relationships between them. Further shortcomings include the highly complex, costly and time-consuming nature of civil litigation. These shortcomings infringe on the constitutional imperative of access to justice for South Africans, particularly for the indigent members of society. In addition, court rolls have become overburdened due to the rapidly increasing volume of litigation at court. This often results in extensive waiting periods before matters are heard at court and further infringes the attainment of access to justice. While progress has been made in enhancing the civil justice system over the years, the aforementioned shortcomings prevail. In recent years the South African government has introduced the concept of mandatory court based mediation to the civil justice system with the view of promoting access to justice and enhancing the civil justice system. In a nutshell, mandatory court based mediation refers a civil dispute to mediation once an appearance to defend is entered at court, in order to attempt the settlement of the matter. In the event of the dispute not being resolved, the matter is then referred back to the conventional litigation process for resolution. Mandatory court based mediation, while controversial and bearing valid criticism; aims to promote access to justice and reconciliation between aggrieved parties and remedies a number of the shortcomings currently plaguing the South African civil justice system. In answering the research question of whether this ADR process is suitable to implement in South Africa in order to remedy the shortcomings of its civil justice system, the following aspects are considered in this thesis: the benefits, advantages, and the constitutionality of mandatory court based mediation, as well as the criticisms and challenges of the process. South Africa may have an adversarial civil justice system, but is no stranger to the practice of mediation. Within South African civil law a number of fields have mentioned mediation as the preferred method of dispute resolution over years. These areas of law will be highlighted in this thesis. Internationally, the jurisdiction of the Australian states of New South Wales and Victoria will also be highlighted. This analysis is done in order to assess the implementation and function of a mediation system, as a preferred method of dispute resolution, across all areas of civil law within an adversarial civil justice system. The current civil justice system in South Africa needs to be remedied due to its negative impact on civil disputants and the nation of South Africa in a broader sense. This thesis does not suggest that mandatory court based mediation is a panacea for all ills plaguing the country’s civil justice system. However, this ADR process may suit South Africa and its implementation may make a considerable remedial contribution and possibly significantly enhance its civil justice system.
Öztunali, Timur Mete. "Mediation as an alternative to litigation: A comparative study between South Africa and Germany." University of Western Cape, 2019. http://hdl.handle.net/11394/7573.
Full textThe judicial court system in South Africa is overburdened, which results in parties having to wait for long periods of time to have their matters settled or even heard. Furthermore, the cost of litigation in South Africa is immense, which prevents the biggest part of the population from access to justice in line with s 34 of the Constitution of 1996. Therefore, alternative methods of dispute resolution are worth looking into. This paper will compare the mediation system of South Africa with that of Germany. This will allow for a better insight in regard to mediation within South Africa, which can help to address the above stated problems.
Mirindo, Frank. "Environmental Dispute Resolution in Tanzania and South Africa: A Comparative Assessment in the Light of International Best Practice." Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9222_1263173869.
Full textThis research examines the effectiveness of these dispute resolution mechanisms in environmental disputes and what improvements should be made in order to make those mechanisms suitable for these types of disputes.
Richardson, Robin Kieron. "Alternative dispute resolution in Intellectual Property Law: a growing need for a viable alternative to court litigation." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4436.
Full textIncludes bibliographical references.
The need for a viable alternative to court litigation of intellectual property disputes is much needed in modern legal systems. IP court litigation has become expensive, time consuming, and poor decision making has led to unpredictable and inconsistent results. This paper explores the possibility of using alternative methods, such as mediation and arbitration, to resolve complex IP disputes. The paper critiques modern judicial systems and analyses how alternative methods may be better suited to the resolution of IP disputes. Particular attention is paid to the issues present in the South African legal system and what steps are needed to implement a workable and regulated alternative to the High Court system. The paper concludes that alternative dispute mechanisms are well suited to the resolution of IP disputes but that South Africa needs to take progressive steps towards the realisation of such a system.
Mozer, Joseph F. "The ecclesial ombudsman as a means to honor rights and avoid litigation." Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p029-0675.
Full textBorrie, N. C. "An evaluation of the use of mediation in environmental dispute resolution under s.268 of the Resource Management Act 1991." Lincoln University, 2002. http://hdl.handle.net/10182/2118.
Full textBooks on the topic "Dispute resolution; Litigation"
Labour litigation and dispute resolution. Cape Town: Juta, 2010.
Find full textCorum, Michael. Supervisor's guide to litigation and dispute resolution. Arlington, Virginia: Dewey Publications, Inc., 2011.
Find full textRützel, Stefan. Commercial dispute resolution in Germany: Litigation, arbitration, mediation. München: C.H. Beck, 2005.
Find full textTyagi, Neelam. Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR). Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1015-8.
Full textInstitute, Pennsylvania Bar. Arbitration litigation. [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 2010.
Find full textKhan, Shair Bahadur. The law of compromise in litigation. Lahore: Daniel Law Publishers, 2001.
Find full textG, Feliu Alfred, ed. Resolving employment disputes without litigation. Washington, D.C: Bureau of National Affairs, 1988.
Find full textResolving disputes without litigation. [Washington, D.C.]: Bureau of National Affairs, 1985.
Find full textStienstra, Donna. Alternatives to litigation: Do they have a place in the federal district courts? Washington, D.C. (One Columbus Circle, N.E., Washington 20002-8003): Federal Judicial Center, 1995.
Find full textPerceptions in litigation and mediation: Lawyers, defendants, plaintiffs, and gendered parties. Cambridge [UK]: Cambridge University Press, 2009.
Find full textBook chapters on the topic "Dispute resolution; Litigation"
Hoffman, David P., Daniel G. Lentz, and Roman L. Weil. "A Dispute Resolution Primer." In Litigation Services Handbook, 1–33. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2015. http://dx.doi.org/10.1002/9781119204794.ch1.
Full textEvans, Elizabeth A., Daniel G. Lentz, and Roman L. Weil. "A Dispute Resolution Primer." In Litigation Services Handbook, 1–32. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2017. http://dx.doi.org/10.1002/9781119363194.ch1.
Full textAnderson, Winston, and Richard Layne. "International Litigation and the Caribbean Court of Justice." In Integration and International Dispute Resolution in Small States, 303–18. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-74573-2_14.
Full textTyagi, Neelam. "Matrimonial Litigation, Its Aftermath, and ADR Mechanisms in Focus." In Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR), 67–116. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1015-8_3.
Full textTyagi, Neelam. "Stumbling Blocks in Battered Women Access to Justice: Gender Inequities, Violence, and Economic Marginalization." In Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR), 167–216. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1015-8_5.
Full textTyagi, Neelam. "An Empirical Evaluation of ADR and Gender Justice for Women Facing Matrimonial Litigation—Evidence from Delhi." In Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR), 259–304. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1015-8_7.
Full textTyagi, Neelam. "An Introduction." In Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR), 1–20. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1015-8_1.
Full textTyagi, Neelam. "Understanding Attitude and Asymmetries, Final or Fair Settlements and Quest for Gender Justice Through ADR: Some Dilemmas." In Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR), 217–57. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1015-8_6.
Full textTyagi, Neelam. "Conclusion and Recommendations for Transforming Indian Justice Delivery System for Achieving Gender Justice." In Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR), 305–28. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1015-8_8.
Full textTyagi, Neelam. "Matrimonial Disputes and Scope and Benefits of ADR." In Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR), 21–66. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1015-8_2.
Full textConference papers on the topic "Dispute resolution; Litigation"
Hayati, Kemala, Yusuf Latief, and Ahmad Jaka S. "Risk response analysis for construction dispute resolution on litigation." In PROCEEDINGS OF THE 3RD INTERNATIONAL CONFERENCE ON AUTOMOTIVE INNOVATION GREEN ENERGY VEHICLE: AIGEV 2018. Author(s), 2019. http://dx.doi.org/10.1063/1.5085980.
Full textHidayati, Tri, and Muhammad Azam Hussain. "Legal Construction of Islamic Banking Dispute Resolution through Litigation in Indonesia and Malaysia." In Annual Conference on Social Sciences and Humanities. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0007417902010207.
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