Tesis sobre el tema "Dispute resolution"
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Webb, Paul F. "Alternate dispute resolution". Thesis, Monterey, California. Naval Postgraduate School, 1994. http://hdl.handle.net/10945/25663.
Texto completoHörnle, Julia. "Internet dispute resolution". Thesis, Queen Mary, University of London, 2007. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1457.
Texto completoNorman, Allen G. "Alternative dispute resolution and public policy conflict: Preemptive dispute resolution negotiated rulemaking". CSUSB ScholarWorks, 1994. https://scholarworks.lib.csusb.edu/etd-project/928.
Texto completoRubino, F. Joseph (Francis Joseph). "Dispute resolution in construction". Thesis, Massachusetts Institute of Technology, 1989. http://hdl.handle.net/1721.1/44670.
Texto completoAbenga, Elvis Begi Nyachieo. "Reforming the Approach to Alternative Dispute Resolution in Kenyan Industrial Disputes: A Comparative Analysis". Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19743.
Texto completoEaton, David S. "Alternative dispute resolution : a viable method for settling government contract disputes /". Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1993. http://handle.dtic.mil/100.2/ADA271745.
Texto completoFung, Wing Sze. "Dispute resolution for intellectual property disputes on designing and issuing collectibles". access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22445924a.pdf.
Texto completo"Master of Arts in arbitration and dispute resolution, LW6409 dissertation." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
Borbély, Adrian. "Managers in disputes and use of alternative dispute resolution in France". Thesis, Cergy-Pontoise, Ecole supérieure des sciences économiques et commerciales, 2012. http://www.theses.fr/2012ESEC0006.
Texto completoThis dissertation explores resistance factors toward Alternative Dispute Resolution (ADR) that can be observed in French companies, more precisely in relation with the micro interactions between managers and lawyers as they respond to business disputes. It consists of three academic papers that feature new theory developments, transposition of agency theory in professional services, and two supporting empirical studies. The first one unveils the diverse and dynamic nature of manager-lawyer interaction schemes and offers potential organizational levers to promote efficient dispute resolution practices. The second relates manager individual behavior in disputes, especially in relationship to lawyers, with the successful use of ADR. As a whole, this thesis places at the forefront the notion of coproduction and invites to focus on client behavior in business dispute resolution. It suggests that, as ADR lies at the borders of the French lawyers’ sphere of competency, efficient dispute resolution may require adaptation on the clients’ side, as well as organizational redesign. These studies aim to offer new insights for conflict management theory and reflections for the further promotion of efficient resolution of disputes in France
Orchard, Alfred J. "Natural justice and external dispute resolution: The approach of ASIC approved external dispute resolution schemes". Thesis, Queensland University of Technology, 2016. https://eprints.qut.edu.au/101575/1/Alfred_Orchard_Thesis.pdf.
Texto completoIkpokonte, Felicia Enoch. "The application of alternative dispute resolution mechanisms in the resolution of electoral disputes: Nigeria in perspective". Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29743.
Texto completoFisher, William Henry. "The use of arbitration in the construction industry in England and Wales : an evaluation of its continuing role following the Arbitration Act 1996". Thesis, University of Wolverhampton, 2017. http://hdl.handle.net/2436/621277.
Texto completoHaloush, Haitham. "Online alternative dispute resolution a solution to cross-border electronic commercial disputes". Saarbrücken VDM Verlag Dr. Müller, 2008. http://d-nb.info/991386973/04.
Texto completoJeremic, Zorica. "Dispute resolution in international civil aviation". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ29829.pdf.
Texto completoHammond, Anne-Marie G. "The effectiveness of online dispute resolution". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ62018.pdf.
Texto completoJeremic, Zorica. "Dispute resolution in international civil aviation". Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27454.
Texto completoChapter one acknowledges the existence and nature of international aviation disputes in its scope and, more importantly, recognizes some of the many causes of conflicts arising from such disputes.
The second chapter reviews chronologically dispute resolution attempts and analyses their effectiveness. Further, it examines the international bodies, governing treaties, and the available machinery for the resolution of aviation disputes.
The third chapter distinguishes the most influential multilateral and bilateral treaties in the field of aeronautics and presents the solutions for settlement of disputes promoted by ICAO.
Chapter four includes the variety of procedures found in international agreements on aviation and the examination of political, legal and economic means as the mechanisms for the settlement of disputes.
Chapter five establishes the recent proposals for the improvement of the current procedures governing the settlement of aviation disputes. Hence, it includes an analysis of the legislative measures of the European Union, the regulations of the World Trade Organization and the norms of North American Free Trade Agreement; all in view of their competence in resolving air transport conflicts.
The conclusion is a summary of the structure and the function of the existing aeronautical dispute settlement system and its future developments.
Balke, Ellen Louise. "A process model for dispute resolution". Thesis, London School of Economics and Political Science (University of London), 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.287862.
Texto completoMcCone, D. Sean. "Dispute resolution strategies for construction projects". Thesis, Massachusetts Institute of Technology, 2002. http://hdl.handle.net/1721.1/8309.
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Includes bibliographical references (p. 160-167).
One of the most important, but often overlooked steps in developing a project is a plan to prevent and handle conflict, a Conflict Management Plan. Leading construction experts have identified Productivity, Innovation, Cost Control, Safety, and Litigation Expenses as critical areas in need of improvement in the construction industry of this next century. In the United States alone, $60 billion are spent every year on lawsuits, of which the construction industry accounts for nearly $5 billion. Various dispute avoidance and resolutions techniques are presented that aim to prevent disputes before they arise and minimize the impacts if they do. These techniques are the tools then used in the Conflict Management Plan. A Conflict Mitigation Plan looks at each project individually to establish a set of criteria for controlling conflicts. It assesses how much conflict you will encounter, how severe each conflict might be, then presents cost effective ways to avoid conflict and curb these disputes. Similar to the contract documents it should be complete, unbiased, understood, and accepted by all the parties involved. All of the project participants such as the owners, the owner's representatives, designers, lawyers, and contractors are responsible for designing, reviewing and revising it accordingly. No one person or field should be responsible for developing this plan. Designing a conflict mitigation plan compels the owner to contemplate the conflict that might arise. This will allow the owner to allocate these risks and develop a plan to handle discrepancies. By doing this upfront and with each subsequent review, everyone involved has agreed to follow this plan, reducing the push for lengthy, costly court proceedings. To implement a Conflict Management Plan one must assess the project situation by identifying the sources of conflict that might occur, then analyze the severity and impact each of these conflicts might have. Match the conflict with a corresponding DART, to reduce or avoid the conflict. Draft the plan. Review and revise it as needed.
by D. Sean McCone.
S.M.
Schoeman, Petrus Johannes Arnoldus. "Alternative dispute resolution methods as a tool for the resolution of inter-governmental environmental disputes / P.J.A. Schoeman". Thesis, North-West University, 2004. http://hdl.handle.net/10394/498.
Texto completoAlshahrani, S. A. A. D. "Development of a dispute resolution framework to improve the efficiency of dispute resolution in Saudi construction projects". Thesis, University of Salford, 2017. http://usir.salford.ac.uk/41622/.
Texto completoNgan, Chiu Chung. "Is mediation an effective alternative dispute resolution method to resolve building management disputes?" access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22446072a.pdf.
Texto completo"Submitted in partial fulfillment of the requirements for Master of Arts in arbitration and dispute resolution, LW 6409 dissertation." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
Blignaut, Colleen. "Effectiveness of conciliation as an alternative dispute resolution process in unfair dismissal disputes". Diss., University of Pretoria, 2018. http://hdl.handle.net/2263/65692.
Texto completoMini Dissertation (LLM)--University of Pretoria, 2018.
Mercantile Law
LLM
Unrestricted
Halous, Haitham A. "Online alternative dispute resolution as a solution to cross-border electronic commercial disputes". Thesis, University of Leeds, 2003. http://etheses.whiterose.ac.uk/1394/.
Texto completoFonmanu, Keresi Rokomasi. "Dispute resolution for customary lands in Fiji /". Connect to thesis, 1999. http://eprints.unimelb.edu.au/archive/00001051.
Texto completoMokorosi, Mampoja Evelina. "The role of alternative dispute resolution in consumer protection in Lesotho". Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16605.
Texto completoThe absence of appropriate and effective mechanisms for consumer disputes in a legal system can result in a denial of access to justice. Consumers struggle to have their disputes settled because most of their claims are of small value and some consumers are low-income earners. Costs of litigating a claim in the formal court system are very high and the procedural formalities involved hinder consumers‟access to justice. As a result, alternative dispute resolution (ADR) seems to address that challenge as an appropriate approach to consumer disputes because it promises cost effective, efficient and fast mechanisms of resolving disputes. The purpose of this study is to examine the role of alternative dispute resolution in Lesotho in consumer protection. This is achieved by examining the available dispute resolution processes and how they function. Also, this study makes a comparison with the South African law regulating consumer protection in particular dispute resolution. It discusses ADR in consumer protection at international level as contained in the OECD report and EU Directives. The problem that exists in the market place is that bargaining power favours the sellers. As a result there are laws in place that protect consumers against manipulative or fraudulent sellers, but those laws do not mean anything to consumers if they cannot be enforced through proper channels for their benefit. Therefore, there have been various ADR mechanisms adopted by different legal systems in order to assist consumers to fully realise their rights. Some of these ADR mechanisms might be appropriate for consumer disputes but are very advanced and are not appropriate for a country like Lesotho due to the nature of consumers there and the country‟s economy. Despite South Africa being more economically developed compared to Lesotho it has introduced some of the ADR procedures which are easy to establish and seem to be working well to address consumers‟ claims. As a result, this study would recommend Lesotho to amend its laws in relation to consumer dispute resolution and revise Consumer policy which has been adopted recently.
Koorapetse, Michael Moemedi Sean. "A comparison of the Botswana and South African labour dispute: resolution systems". Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/d1010556.
Texto completoAguilar, Sofia Beatriz. "Supranational systems of dispute resolution and their integration into domestic legal systems : a view of the Latin American Experience". Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30281.
Texto completoThe analysis focuses on the Latin American experience in adapting to judicial reform programs (sponsored by international organizations such as the World Bank and the International Development Bank) which promote the integration of Alternative Dispute Resolution (ADR) methods into domestic legal systems, in order to integrate such systems into a supranational system of dispute resolution for the entire continent.
This study aims to explore various alternatives for preventing a continental supranational system of dispute resolution from undermining domestic democracies, while integrating developing countries into the process of commercial globalization.
Leung, Siu Cheong. "Building trust and confidence in online dispute resolution". access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833787a.pdf.
Texto completoTitle from title screen (viewed on 27 Mar. 2006) "Submitted in fulfillment of the requirement of Master of arts in arbitration and dispute resolution." Includes bibliographical references.
Walti, Stephanie. "The Potential of Mediation in the Resolution of Crimes of Ecocide". Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33079.
Texto completoHoffmann, Maximilian Friedrich Richard. "The US Chapter 9 procedure: a plea for a useful model for solving excessive indebtedness of municipalities". Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16660.
Texto completoThis work is dedicated in the first instance to the necessity of insolvency proceedings for municipalities as territorial entities. Therefore, the current debate on insolvency proceedings for states is presented briefly in an introductory overview to introduce the debate that insolvency proceedings for territorial entities has reached all levels of government worldwide. This is followed by examples of historical experience with insolvency scenarios of states and local authorities to show that insolvency scenarios at all levels of government are part of reality, and that a procedural handling is possible, but also necessary. Based on this, the US-Chapter 9 procedure, perhaps the most well-known legal remedy for insolvent cities, and the most globally developed proceeding for municipal insolvencies, is taken closer into view. In the first step, the principles and mechanisms are pointed out. This is followed by a semantic preamble regarding the development of insolvency law and its public perception, a short discussion of the experience with the Chapter 9 process and last, but not least, a presentation of the key advantages of Chapter 9 proceedings. The goal is to convey that the Chapter 9 proceeding may serve as a useful tool and model for other countries to solve excessive indebtness of municipalities. As a result, in particular, the abstract possibilities and objectives of the procedure are considered.
Msokera, Chisomo Harvey. "Appropriate dispute resolution for women married under customary law in Malawi, with special reference to marital violence". Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25482.
Texto completoWatson, Robert. "Addressing predictable irrationality: insights from practice". Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29674.
Texto completoMarks, Andhor Grey. "Polygraph testing in the South African workplace : the law and practice". Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15556.
Texto completoThe South African labour market is, after the enactment of the Constitution of the Republic of South Africa and Bill of Rights, faced with the enormous challenge of limitations placed in the workplace to the constitutional guarantees. The limitations referred to are specific to the extent to which some institutions restrict the employee's rights to dignity, privacy and just administrative action. The perception of just administration questions evidence obtained by the use of lie detector (polygraph) tests comes under scrutiny as far as the admissibility and weight of such evidence is concerned. This research paper will recommend and conclude the following: 1. Constitutional guarantees are sacrosanct as enshrined in Sections 8(2),10,12,14,23,25. 39 2. In the absence of SA legislation the common law has developed to the level where the jurisprudence have accepted polygraph testing as admissible when certain conditions are met inter alia: Polygrapher must be registered and qualified; the consent of the employee must be given before test are conducted; the test are used to corroborate evidence such as for example circumstantial evidence. 3. The South African Qualification Authority development of unit standards is an indication of the acceptance of Polygraph testing in the South African Labour Law sphere. 4. The private sectors in South Africa are utilizing these tests in the absence of policies and procedures in the workplace, hence the need for directives, policies and procedures to guide against the abuse or misuse. 5. That polygraph testing have developed to a level of sufficient acceptance in the workplace.
Wilking, Felix. "The enforcement and setting aside of mediation settlement agreements : a comparison between German and international commercial mediation". Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16938.
Texto completoThe number of disputes solved through mediation has increased steadily over the last centuries. A mediation settlement agreement is supposed to end a dispute. But from time to time it can be the beginning of a new dispute. Parties to the mediation settlement agreement might want to get rid of it meanwhile the other party seeks for enforcement of the agreement. This minor dissertation examines the possibilities of the parties as to the questions of enforcing and setting aside of mediation settlement agreements in Germany and in international mediation. It furthermore deals with the attempts of international unification through the EU Directive 2008/52/EC and the proposed UNCITRAL Convention on International Commercial Mediation and Conciliation.
Mrotzek, Carla. "The development of concept of arbitrability - an international comparison". Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27533.
Texto completoCollins, Mary. "COLLABORATIVE DISPUTE RESOLUTION IN SUPERFUND ENFORCEMENT:DOES THE RESOLUTION APPROACH VARY BY COMMUNITY-LEVEL SOCIODEMOGRAPHIC". Master's thesis, University of Central Florida, 2008. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/2724.
Texto completoM.A.
Department of Sociology
Sciences
Applied Sociology MA
Murray, Carol Elizabeth. "Transforming environmental dispute resolution in Jasper National Park". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ39571.pdf.
Texto completoChan, Amanda Cho Man. "Dispute resolution clauses in BIMCO standard shipping forms". access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21843053a.pdf.
Texto completo"Dissertation submitted as part requirement for the degree of Master of Arts in arbitration and dispute resolution of the School of Law of the City University of Hong Kong" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
Ieong, Sze-Chung Ricci. "Dispute resolution against copyright infringement through internet download?" access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21844173a.pdf.
Texto completo"Master of Arts in arbitration and dispute resolution dissertation, City University of Hong Kong" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
Jindani, Mohamed. "The concept of dispute resolution in Islamic Law". Thesis, University of Wales Trinity Saint David, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503608.
Texto completoAlfuraih, Saleh Ibrahim. "E-commerce protocol supporting automated online dispute resolution". Thesis, University of Newcastle Upon Tyne, 2006. http://hdl.handle.net/10443/2132.
Texto completoDevahoma-Indongo, Mirjam Nelao. "The dispute prevention and resolution systems in Namibia". University of the Western Cape, 2021. http://hdl.handle.net/11394/8097.
Texto completoThe resolution of disputes, including unfair dismissal disputes under the Labour Act 2007 is being criticised for being too complex, inefficient, protracted, expensive, and highly legalistic. This thesis would denote that the provision of proactive and expeditious dispute resolution systems helps to resolve labour disputes in the most effective and efficient manner, without necessarily having to resort to the courts. The ultimate goal is to ensure that the legal framework regulating the labour dispute system in Namibia assures the use of alternative dispute resolution (ADR) of its credibility, thereby creating confidence and enabling stakeholders to trust the system. Ideally, disputes should be resolved at the conciliation level, resulting in the minority of disputes being referred to arbitration or the Labour Court. The Office of the Labour Commissioner must be independent of the state, since the state is the largest employer, to ensure the stakeholders trust the system. However, it has been established that there are gaps between the legal framework relating to labour dispute resolution and the application of laws and regulations in practice, making the attainment of effective and efficient labour dispute resolution difficult. Therefore, the thesis will analyse the ADR in Namibia to finding out if the system is sufficient and appropriate for society’s need and to provide a recommendation for the system that is a quicker, equitable, and amicable way of resolving the disputes outside the courts through conciliation and arbitration.
Larsén, Linus. "Online dispute resolution och artificiell intelligens : en överblick". Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-140686.
Texto completoCheu, Yu Kok. "Dispute resolution in Hong Kong Fire Services Department". access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b23454246a.pdf.
Texto completoKang, Yi. "Institutions, consciousness, and tactics : workers' legal mobilization in labor dispute resolution in Shanghai". HKBU Institutional Repository, 2005. http://repository.hkbu.edu.hk/etd_ra/634.
Texto completoLeung, Nga Yee Ruth. "The adoption of dispute resolution advisor system for preventing and resolving dispute in Hong Kong construction industry". access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b23454271a.pdf.
Texto completoLekkas, Zissis. "Disputes in the Digital era : the evolution of dispute resolution and the model ODR system". Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10017/document.
Texto completoThe subject of the thesis is Online Dispute Resolution (ODR) and the aim of the thesis is to propose a model ODR system based on the experience of the dispute resolution movement. ODR is not an isolated phenomenon of recent times but a result of the evolution of disputes and dispute resolution. Initially, disputes occurred between parties with geographical proximity and for which traditional courts were the principal way of resolution. However, as people started to travel further distances and communicate from afar, disputes evolved as they increased in number, became more complex and increasingly cross border. Dispute resolution evolved in parallel and Alternative Dispute Resolution (ADR) was employed. However, disputes evolved once more when the world entered into the digital era. Not only disputes became yet again increasingly cross-border, but new disputes appeared that arose solely in cyberspace. In order to satisfy the requirements of the digital era, dispute resolution brought forth the concept of ODR. ODR arose from the combination of ADR and the Information and Communication Technology (ICT) of the digital era. Alternative means of dispute resolution were transferred to the virtual world and gave birth to Online Dispute Resolution. ADR and ODR are examined extensively, and the examination includes their concepts, their origin, the main forms of negotiation, mediation and arbitration and their online equivalents, as well as their advantages and drawbacks.The thesis illustrates the evolution of disputes and dispute resolution from the “analog” era, when dispute resolution was face to face, to the “digital” era, when disputes are resolved in cyberspace. It demonstrates that ODR is a necessity of the digital era but also that it has the potential to be a revolutionary, effective and successful way to resolve disputes; a way that will be the future of dispute resolution. Based on the experience accumulated by examining the evolution of dispute resolution and based on the conclusions drawn, the thesis formulates a proposal for the ODR system. The thesis describes the ODR system, from its three step process and the necessity of online arbitration, to the ODR network, the regulation of the ODR system, the technological architecture of ODR providers, their funding, as well as the necessary steps of creating awareness and trust so that ODR fulfils its fullest potential
Oshynko, Norma. "Claimant document production in Indian Residential Schools Resolution Canada's alternative dispute resolution process /". Burnaby B.C. : Simon Fraser University, 2006. http://ir.lib.sfu.ca/handle/1892/2703.
Texto completoMante, Joseph. "Resolution of construction disputes arising from major infrastructure projects in developing countries : case study of Ghana". Thesis, University of Wolverhampton, 2014. http://hdl.handle.net/2436/333130.
Texto completoRoth, Jeremy. "The Political Economy of World Trade Organization Dispute Resolution". Honors in the Major Thesis, University of Central Florida, 2006. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/990.
Texto completoBachelors
Sciences
Political Science
Moin, Donya. "Toward an appropriate dispute settlement method for resolving petroleum expropriation disputes : treaty-based arbitration or mediation?" Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=236001.
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