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Bibliografie tematiche / Mediation and conciliation

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Letteratura scientifica selezionata sul tema "Mediation and conciliation"

Autore: Grafiati

Pubblicato: 4 giugno 2021

Ultima modifica: 30 luglio 2024

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Articoli di riviste sul tema "Mediation and conciliation"

1

Gayo, Sabela. "Advantages & Disadvantages Of Mediation And Conciliation As An Industrial Relations Dispute Resolution Option". International Asia Of Law and Money Laundering (IAML) 2, n. 1 (6 marzo 2023): 25–32. http://dx.doi.org/10.59712/iaml.v2i1.56.

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Since the birth of Law No. 2 of 2004 on industrial dispute resolution, the parties to the dispute have become easier and helped to resolve disputes between them. The instruments provided also become more diverse compared to the old rules. Such as mediation, conciliation and arbitration instruments. However, at the implementation stage, not many people understand the difference between dispute mediation and conciliation in terms of the origin and function of conciliation mediation has different characteristics as a passive mediator while in conciliation the conciliator is more active in resolving disputes. In the settlement of industrial disputes, mediation is used as the main instrument for resolving a wider scope than conciliation. Mediation can deal with disputes of rights, interests, termination of employment (layoffs) and disputes between unions within one company. Conciliation makes progress limited to conflicts of interest, termination, and disputes between unions in one company. Although in fact most of the industrial disputes involving rights disputes. The mediation and conciliation stationery comprehensively summarizes the advantages and disadvantages of each of these tools

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2

Rebayla, Ethel Jhoann T., Joan M. Segre, Maria Antoniette V. Rojas e Waliza Indita. "Effectiveness of Conciliation Mediation in Regional Arbitration Branch – National Capital Region". International Journal of Multidisciplinary: Applied Business and Education Research 4, n. 1 (19 gennaio 2023): 222–49. http://dx.doi.org/10.11594/ijmaber.04.01.21.

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This study aimed to determine the Effectiveness of Conciliation Mediation in Regional Arbitration Branch – National Capital Region. It employed the descriptive-quantitative method of research using the researchers-made instrument to gather data from the 60 employees of the National Labor Relations Commission. They served as respondents to the study. The researcher personally distributed the tool using the random sampling technique because the researchers distributed the questionnaire to every member of the population and gave them an equal chance of being selected. It was discovered that most respondents were in the age range of 51-60 years old and above, female, married, and 26 years and above in the government service. When the effectiveness of the conciliation medication was tested, the result yielded that the Conciliation Mediation Process, Duration of the Process, Conciliator Mediator Skills, and Termination of the Conciliation Mediation Process in terms of efficacy, efficiency, and reliability were highly effective. Taking into account the result of the study, it was recommended that regular training for conciliators mediators should be conducted so that their skills in settling preliminary labor disputes may be enhanced and which will result in more future settlements between the parties involved. It is also recommended that the conciliator mediators increase their commitment to accommodate all requests and possible assistance to our laborers. It is likewise prudent to train new and incoming conciliator mediators so that as early as now, they will be given a chance to experience and explore handling conciliation mediation.

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3

Tyumeneva, Natalia Vl. "Conciliation procedures in procedural law and legislation (on the example of judicial mediation and judicial reconciliation)". Law Нerald of Dagestan State University 43, n. 3 (2022): 123–29. http://dx.doi.org/10.21779/2224-0241-2022-43-3-123-129.

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The article examines the role of conciliation procedures in civil, arbitration and administrative processes, as well as the specifics of judicial mediation and a new conciliation procedure – judicial reconciliation with the participation of a judicial conciliator. It is noted that the institutionalization of conciliation procedures and the expansion of their types are necessary to optimize the judicial process and strengthen its dispositive principles. A comparative analysis of judicial mediation and judicial reconciliation is carried out. The article considers the unity of their principles, consensuality, partial integration into the judicial process, non-jurisdictional nature; the active role of the mediator and the judicial conciliator during the mediation and judicial reconciliation procedure; a high degree of self-regulation by the parties. The differences between judicial mediation and judicial reconciliation in the order of conduct are substantiated, as well as the differences in the legal status of the mediator and the judicial mediator are explained. The necessity of fixing the measures of responsibility for the judicial conciliator in the implementation of the judicial reconciliation of the parties is substantiated. The conclusion is made about the prospects of mediation and judicial reconciliation in the legal system of Russia.

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4

Zamroni, Mohammad. "MISCONCEPTIONS ON THE CONCEPT OF MEDIATION AND CONCILIATION IN THE ACT ON INDUSTRIAL RELATIONS DISPUTES SETTLEMENT". Yustisia Jurnal Hukum 10, n. 2 (28 agosto 2021): 240. http://dx.doi.org/10.20961/yustisia.v10i2.48667.

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<em>Mediation and conciliation are alternatives with varying characteristics acting as a third-party figure in settling disputes in industrial relations. These alternatives are perceived as the same in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. It leads to conceptual errors and causes mistakes in formulating the mediator and conciliator's authority. Therefore, this study analyzed the concepts of mediation and conciliation as regulated in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. This is a normative legal research carried out with the statutory, conceptual, and comparative law approaches. The result showed that the concept of mediation and conciliation formulated in the Act Number 2 of 2004 on Industrial Relations Disputes Settlement deviates from the basic concepts of the mediator and conciliator to make written recommendations. Conceptually, the mediator and conciliator are facilitators incapable and capable of making written recommendations, respectively</em>

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5

EVTUKHOVICH, E. A., e D. G. FILCHENKO. "JUDICIAL CONCILIATION AND JUDICIAL CONCILIATOR". Herald of Civil Procedure 10, n. 6 (25 gennaio 2021): 265–93. http://dx.doi.org/10.24031/2226-0781-2020-10-6-265-293.

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The article analyzes the provisions of procedural legislation on judicial conciliation and judicial conciliators. The authors review the provisions of several draft laws that contained rules on judicial conciliators. In particular, attention is paid to the projects of the Supreme Arbitration Court of the Russian Federation, projects of the Supreme Court of the Russian Federation, the Concept of a unified civil procedure code. The authors pay attention to the experience of foreign states in the formation of the institution of judicial conciliation procedures. The notion of judicial conciliation is considered in detail, as well as individual consequences of the consolidation of provisions on judicial conciliation in legislation. Authors conducted an independent analysis in order to compare and distinguish between judicial conciliation and mediation. For this, the authors have formulated the necessary criteria. The consequences of the appeal of the parties to the dispute to judicial conciliation are revealed. The specifics of regulating relations in organizing and conducting judicial conciliation, as well as the results of an appeal to judicial conciliation, have been established. Most of the article is devoted to the status of the judicial conciliator. The requirements for it are considered. The features of the position of the judicial conciliator in the organization and conduct of judicial reconciliation are revealed. Attention is paid by the authors to the formation of lists of judicial conciliators. The features of financing the activities of judicial conciliators are noted.

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6

Ivanova, Ekaterina, Galina Sheremetova e Elizaveta Solomeina. "Judicial Conciliation: Conditions for Effective Development". SHS Web of Conferences 134 (2022): 00099. http://dx.doi.org/10.1051/shsconf/202213400099.

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The article examines the problems of effective improvement of a new conciliation procedure in the Russian litigation-judicial reconciliation. The study was carried out based on the results obtained during legal experiments on the integration conciliation procedures into civil proceedings, which took place in the Sverdlovsk region in 2011 – 2014 and in the Lipetsk region – in 2013 – 2014. The study analysed the possibility of attributing judicial conciliation to the models of conciliation procedures (private or integrated). Authors concluded that it is impossible to classify judicial conciliation as only one certain model due to the presence of features from both private and integrated models of conciliation procedures. The authors carried out comparative analysis between the judicial conciliation and mediation. Overall, the conclusion is the following - the requirements for a mediator and for a judicial conciliation should be identical in terms of qualifications. In order to obtain qualifications, a judicial conciliator must undergo special training. The implementation of the set out conclusions on the need for special training of judicial conciliators will lead to an increase in the effectiveness of the application of the judicial conciliation procedure and, as a consequence, to a caseload decrease.

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7

Nitschke, Frauke. "Amicable Investor-State Dispute Settlement at ICSID: Modernizing Conciliation and Introducing Mediation". BCDR International Arbitration Review 6, Issue 2 (1 dicembre 2019): 381–432. http://dx.doi.org/10.54648/bcdr2019010.

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The International Centre for Settlement of Investment Disputes (ICSID) has embarked on a comprehensive reform of its existing dispute settlement mechanism and also added a set of mediation rules to its service offerings. This article reviews the proposed amendments to the ICSID conciliation mechanism and ICSID’s proposed investment mediation framework. In relation to the proposed amendments to the ICSID conciliation mechanism, the article analyzes key differences and similarities between ICSID Convention arbitration and ICSID Convention conciliation, before providing an overview of the amendments proposed to the conciliation framework and offering some conclusions. Subsequently, the article reviews the background against which the ICSID Mediation Rules have been developed and sets out the key differences and similarities between ICSID’s existing conciliation process and the newly proposed mediation mechanism. The article then provides a comprehensive overview of the Mediation Rules before offering conclusions and a positive outlook for amicable investor-State Dispute Settlement.

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8

Polich, S. B. "INSTITUTE OF JUDICIAL RECONCILIATION: SCIENTIFIC AND PRACTICAL FORECASTS". Issues of Law 20, n. 4 (2020): 50–52. http://dx.doi.org/10.14529/pro-prava200407.

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The article denotes judicial conciliation as one of the new institutions of mediation, it is argued that a judicial conciliator, as a professional mediator, is simultaneously “engaged” in judicial activity, a priori it is argued that a retired judge by virtue of his status is precisely a professional mediator, it is proposed to qualify the powers judicial conciliator as judicial activity

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9

Goodman, Ronald E. M. "Conciliation, Mediation and Dispute Resolution". Proceedings of the ASIL Annual Meeting 90 (1996): 75–78. http://dx.doi.org/10.1017/s0272503700085803.

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10

Karimullina, Alsu R. "The Efficiency of Mediation Procedures in the Russian Federation". Arbitrazh-Civil Procedure 1 (21 dicembre 2023): 16–21. http://dx.doi.org/10.18572/1812-383x-2024-1-16-21.

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The relevance of the effectiveness stated in the article, including the problems of conciliation procedures in the Russian Federation, is due to the fact that they occupy an important place in the public life of civil society. The article analyzes the legal mechanisms of pre-trial settlement of conflicts and disputes between the parties with the help of conciliation procedures with the participation of a mediator. The purpose of the article is to study the opportunities provided by the law for the implementation by the courts of the tasks of reconciliation of participants in disputable legal relations. Here, some problems of judicial conciliation in resolving disputes are analyzed. Some changes in procedural legislation are proposed, as well as a set of organizational and financial measures aimed at developing and popularizing conciliation procedures in Russian society. The rather rapid development of entrepreneurship in the country has also led to a large number of controversial issues in doing business, which has led to an increased interest in the rapid resolution of disputes through conciliation procedures. Increasing the effectiveness of decision-making by the method of reconciliation requires a deep analysis of the adopted regulations. The author analyzed the legal support of conciliation procedures, briefly defined the principles of conciliation procedures, noted the distinctive features of the procedures. A brief analysis of the various criteria by which the effectiveness of the conciliation activity of the mediator is assessed is given, the necessary requirements for the full-fledged activity of the mediator himself are outlined. The results of the study can be used to develop an effective legal framework for the development of the institution of conciliation procedures in the Russian Federation.

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Tesi sul tema "Mediation and conciliation"

1

Thompson, Von. "Law reform, conciliation and domestic violence /". Title page, contents and abstract only, 1998. http://web4.library.adelaide.edu.au/theses/09ARM/09armt477.pdf.

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2

SAULNIER, RIGOUX BENEDICTE OHLMANN JEAN CLAUDE. "La conciliation = xte imprimé /". [S.l.] : [s.n.], 1998. ftp://ftp.scd.univ-metz.fr/pub/Theses/1998/Saulnier_Rigoux.Benedicte.DMZ9801.pdf.

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3

Noko, Mokate Victor. "Legal representation at the commission for conciliation mediation and arbitration". Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/65705.

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The right to legal representation at the Commission for Conciliation, Mediation and Arbitration was initially not recognized in South Africa as it was not recognized by the Roman Dutch Law in respect of administrative tribunals. This right was gradually introduced into administrative tribunals although exercisable only with the consent of all parties. The position was subsequently modified and the right can now only be exercised subject to the discretion of the arbitrator although that right is not automatically available to misconduct and incapacity hearings. The question became whether the limitation in the exercise of the right is justifiable more particularly since the dawn of the new constitution in South Africa. There are two cases which were decided by the Supreme Court of Appeal where it was stated that the limitation is not unconstitutional. Both cases were referred to the Constitutional Court which could not make an unequivocal pronouncement on this issue. With this background this mini-dissertation seeks to examine whether the Constitutional Court is likely to decide consistently with the Supreme Court of Appeal or would find in favour of the disputants claiming that the limitation is unconstitutional. The mini-dissertation will in addition present a comparative survey from different jurisdictions on the right to legal representation, challenges faced by the dispute resolution institutions and possible solutions.
Mini Dissertation (LLM)--University of Pretoria, 2017.
Mercantile Law
LLM
Unrestricted

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4

Snyman, Chanel. "Determining jurisdiction at conciliation and arbitration". Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/20648.

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Jurisdiction is the power or competence of a Court to hear and determine an issue between parties, as well as the power to compel the parties to give effect to a judgment. The approach of a CCMA commissioner faced with a jurisdictional challenge is therefore an important issue that requires legal certainty. Unfortunately, our case law has not been uniform with regard to the various issues surrounding jurisdiction of the CCMA, for example: what facts need to be established in order for the CCMA to have jurisdiction and at what stage of the process should a commissioner deal with the issue of jurisdiction. The purpose of this treatise is to consider the various approaches of our courts to the issue of the jurisdiction of the CCMA and to determine what approach is practically best suited for CCMA commissioners when the issue of jurisdiction is in dispute. The research methodology is based on the various approaches of our courts to the jurisdiction of the CCMA as set out in Bombardier Transportation v Mtiya [2010] 8 BLLR 840 (LC). The more practical “third” approach as proposed by van Niekerk J, in Bombardier Transportation v Mtiya [2010] 8 BLLR 840 (LC), has been favoured by the Labour Court and the CCMA following the judgment. The correct approach of a commissioner when dealing with specific jurisdictional facts such as condonation and the jurisdiction of a bargaining council will further be considered. However, the predicament that commissioners face is that the Labour Appeal Court’s approach to jurisdiction is in conflict with that of the Labour Court’s approach. In conclusion, it is submitted that the Labour Appeal Court must pronounce on the issue of jurisdiction, taking into consideration the approach of the Labour Court as to create certainty regarding the correct approach of a commissioner when faced with a jurisdictional challenge.

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5

Koopmans, Sven Michael George. "Diplomatic dispute settlement : the use of inter-state conciliation". Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670090.

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6

Luk, Wing-kai, e 陸永佳. "In search of effective conciliation tactics in labour disputes". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1988. http://hub.hku.hk/bib/B3126413X.

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7

Wechs, Hatanaka Asako. "Mediation and intellectual property law : a European and comparative perspective". Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA008.

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Un mauvais arrangement vaut mieux qu’un bon procès, dit un adage. Ceci s’applique-t-il également au domaine de la propriété intellectuelle ? La médiation est une méthode de résolution des différends qui a le vent en poupe. Elle a fait l’objet d’une harmonisation en Europe par le biais de la directive 2008/52/CE du Parlement européen et du Conseil du 21 mai 2008 sur certains aspects de la médiation en matière civile et commerciale. Dans ce contexte, l’objectif de la thèse est d’analyser des fonctions exercées par la médiation ainsi que les limites de la médiation du point de vue du droit de la procédure civile, du droit des contrats et du droit de la propriété intellectuelle, et de présenter des propositions pour optimiser la médiation lorsqu'elle s’applique aux litiges concernant les droits de la propriété intellectuelle. L’étude porte sur de nombreux systèmes juridiques, institutions et prestataires de règlement des différends, en mettant l’accent sur l’Union européenne, la France et le Royaume-Uni
A bad compromise is better than a successful lawsuit, says an adage. Would this also applies to intellectual property disputes ? Mediation is a dispute resolution method, which is in vogue. It became subject to harmonisation in Europe under the Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. In this context, the objective of the thesis is to analyse the functions performed by mediation as well as the limitations to mediate from the viewpoint of civil procedure law, contract law and intellectual property law and to present some proposals to optimise mediation to intellectual property law. A number of legal systems, institutions and dispute resolution providers will be covered with the focus on the European Union, France and the UK

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8

Li, Si Xu. "Improvement of criminal reconciliation system in China :Reference from the restorative justice practice in Taiwan". Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3953495.

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9

Kwakwala, Blazius Oscar Kasungula. "A critical evaluation of the dispute resolution functions of the Commission for Conciliation, Mediation and Arbitration (CCMA)". Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/4241.

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Thesis (MComm (Industrial Psychology))--University of Stellenbosch, 2010.
ENGLISH ABSTRACT: One of the transformations that occurred in post-apartheid South Africa was the overhaul of labour legislation. The Labour Relations Act, 1995, the most pivotal product of the exercise, enacted the Commission for Conciliation, Mediation and Arbitration (CCMA) as a statutory labour dispute resolution institution. Given the failures of the previous dispute resolution system, the creators of the CCMA meant it to provide efficient, accessible and quality dispute resolution structured around conciliation and arbitration. The CCMA came into being in November 1996. The question that arises is: is the CCMA delivering efficient, accessible and quality dispute resolution? This research attempts to answer this question. The literature review indicates that, in terms of efficiency, the CCMA underperformed in the early years, from its inception to the year ended 2004. Improvements started trickling in after 2004. The literature review portrays a positive picture of accessibility: that the CCMA is accessible to its users. As for the quality of dispute resolution, the literature review paints a negative picture: that the CCMA does not provide a quality dispute resolution service. The researcher collected secondary data from the CCMA and primary data from parties to dispute resolution at the Cape Town Office of the CCMA, using a self-developed questionnaire. The data was analysed using Statistica version 9. The results show that the CCMA continues to grow and build on its previous efficiency successes: the CCMA concludes conciliations and arbitrations within the statutory time limits of 30 days and 60 days respectively. The results also show that the CCMA is accessible: the respondents found the process of referral and the actual processes of conciliation and arbitration informal. The results also show that the CCMA provides quality dispute resolution. All the respondents ranked the quality of conciliations and arbitrations positively. The results for efficiency and accessibility support the literature review. The results for quality of dispute resolution contradict the literature review. Based on these findings, insightful conclusions are drawn and recommendations are made, to both the CCMA and for future research.
AFRIKAANSE OPSOMMING: Die hersiening van arbeidswetgewing was een van die transformasies wat plaasgevind het in post-apartheid Suid-Afrika. Die mees uitstaande produk van hierdie oefening, naamlik die nuwe Wet op Arbeidsverhoudinge, 1995, het die Kommissie vir Versoening, Bemiddeling en Arbitrasie (KVBA) daargestel as 'n instelling vir statutêre geskilbeslegting. Gesien teen die agtergrond van die mislukkings van die vorige geskilbeslegtingstelsel het die skeppers van die KVBA probeer om effektiewe, toeganklike en kwaliteit geskilbeslegting met betrekking tot versoenings en arbitrasies te skep. Die KVBA het in November 1996 tot stand gekom en funksioneer vir die afgelope 13 jaar. Die literatuurstudie toon aan dat, in terme van effektiwiteit, die KVBA onderpresteer het vanaf sy ontstaan tot en met 2004. Ná 2004 het verbeteringe drupsgewys ingetree. Die literatuurstudie skets 'n negatiewe beeld met verwysing na die gehalte van geskilbeslegting: die KVBA verskaf nie 'n geskilbeslegting diens van gehalte nie. Die navorsing het sekondêre data vanaf die KVBA en primêre data van die partye betrokke by geskilbeslegting in die Kaapstad-kantoor van die KVBA ingesamel deur van 'n selfontwikkelde vraelys gebruik te maak. Die resultate toon dat die KVBA voortgaan om te groei en te bou op vorige suksesse ten opsigte van effektiwiteit: die KVBA handel versoenings en arbitrasies binne die statutêre tydsbepalings van 30 en 60 dae onderskeidelik af. Die resultate toon ook dat die KVBA toeganklik is: die respondente het die proses van arbitrasie as informeel ervaar. Die resultate toon ook dat die KVBA 'n kwaliteit geskilbeslegtingsfunksie verskaf. Alle respondente het die gehalte van versoenings positief beoordeel. Die resultate ten opsigte van effektiwiteit en toeganklikheid ondersteun die literatuurstudie. Die resultate ten opsigte van die gehalte van die geskilbeslegtingsfunksie is strydig met die literatuurstudie. Voortvloeiend uit hierdie bevindinge, word tot insiggewende gevolgtrekkings gekom en aanbevelings word gemaak vir gebruik deur die KVBA, asook vir toekomstige navorsing.

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Vallely, Maria Luisa. "Mediation and conciliation in disputes about special educational needs : proportionate dispute resolution or justice on the cheap?" Thesis, London School of Economics and Political Science (University of London), 2008. http://etheses.lse.ac.uk/2179/.

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The thesis identifies goals of proportionate dispute resolution (PDR). The operation of the decision-making and dispute resolution processes relating to the provision of remedial help for children with special educational needs (SEN) is examined to assess attainment of these goals. A factual basis is established for the analysis by describing the relevant legislative provisions and what is known about their operation from existing empirical research. The exercise of discretion is examined. A theoretical framework is devised to enable consideration of the balance of trade-offs; collective goals and individual interests; and adequacy of redress. The SEN decision-making and appeals processes are analysed with reference to this framework. Parties to SEN disputes are parents and Local Education Authorities (LEAs). Attainment of PDR goals by the formal SEN dispute resolution mechanisms is assessed and the mechanisms compared. In 2002, obligations were imposed upon LEAs to provide informal disagreement resolution services in the form of conciliation and mediation. The strengths and weaknesses of these dispute resolution models are considered with reference to theoretical and empirical works. The effect of their introduction is then assessed with reference to the framework and attainment of PDR goals. None of the formal or informal dispute resolution mechanisms assure attainment of all of the PDR goals. Neither does the operation of the system as a whole. Analysis of the children's services complaints model using the framework reveals that this model assures attainment of all PDR goals and affords adequate redress. The model appears to resolve problems identified in the SEN dispute resolution process, and to be a promising candidate both for reform of that process and for a unified system of education and children's services complaints. The role of children in the process and possibilities for one-door access and a single system are considered.

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Più fonti

Libri sul tema "Mediation and conciliation"

1

Université Jean Moulin. Centre d'études des dynamiques et des frontières littéraires, a cura di. L'art de la conciliation. Genève: Droz, 2013.

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2

Radich, Karen. Employment mediation. 2^a ed. Wellington [N.Z.]: Thomson Reuters, 2013.

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3

McNally, Niall. Conciliation in Ireland: An exploratory study. Dublin: University College Dublin, 1991.

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4

Robins, Eva. A guide for labor mediators. [Honolulu]: Industrial Relations Center, University of Hawaii at Mānoa, 1997.

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5

Mares-Dixon, Judy. Mediation: An early dispute resolution procedure for the workplace. Kingston, ON: IRC Press, 1998.

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6

Pose, Carlos. Conciliación laboral reformas a la Ley 18,345. 2^a ed. Buenos Aires: David Grinberg Libros Jurídicos, 1996.

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7

Vasconcelos, Antônio Gomes de. Núcleos intersindicais de conciliação trabalhista: Fundamentos, princípios, criação, estrutura e funcionamento. São Paulo: Editora LTr, 1999.

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8

Śmigiel, Mariusz. Pośrednictwo pracy w zarysie. [Warsaw]: Urząd Pracy, 1994.

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9

Necheles-Jansyn, Ruth F. The mediator revisited: Profile of a profession, 1960s and 1985. Metuchen, N.J: IMLR Press/Rutgers University, 1990.

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10

Conference on ADR: Conciliation and Mediation (2004 New Delhi, India). Conference on ADR: Conciliation and mediation : souvenir. New Delhi: International Centre for Alternative Dispute Resolution, 2004.

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Capitoli di libri sul tema "Mediation and conciliation"

1

Carr, Indira, e Peter Stone. "Mediation (conciliation):". In International Trade Law, 653–69. Sixth edition. | Abingdon, Oxon ; New York, NY : Routledge, 2018.: Routledge, 2017. http://dx.doi.org/10.4324/9781315543970-25.

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2

Rabiu, Abdul-Nafiu Mustapha. "The Validity of Executed Terms of Settlement in Arbitration, Mediation, Conciliation and in Some Selected Rules of Court". In BUiD Doctoral Research Conference 2023, 464–71. Cham: Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-56121-4_44.

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AbstractThis piece attempt to discuss the term of settlement in arbitration, mediation, and conciliation; and to determine the validity of the terms of settlement in face the court or tribunal in relation to some of the major mediation and arbitration laws and rules. Inquiry revealed that the validity of terms of settlement rests on the Arbitral Tribunal in arbitration, and in mediation, its validity lies on when the Parties signs or where Mediator signs. Under Conciliation, the terms of settlement if agreed and signed by the parties, and endorsed by a Conciliator becomes valid and can be considered as Arbitral Award to be enforced by Courts. Discovery indicates that the Courts are always willing to enforce a term of settlement that stem from ADR Options in the form of Consent Judgement. The position of the parties, Rules of Court, and Arbitral Tribunal on the validity of executed terms of settlement under ADR will be highlighted.

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Wilson, Deric, e Jerry Tyrrell. "Institutions for Conciliation and Mediation". In Facets of the Conflict in Northern Ireland, 230–48. London: Palgrave Macmillan UK, 1995. http://dx.doi.org/10.1007/978-1-349-23829-3_15.

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García, Ana Belén, Erica Romero Pender, Francisco J. Medina e Martin C. Euwema. "Mediation and Conciliation in Collective Labor Conflicts". In Mediation in Collective Labor Conflicts, 3–16. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_1.

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Kożusznik, Barbara, Małgorzata Chrupała-Pniak e Michał Brol. "Mediation and Conciliation in Collective Labor Conflicts in Poland". In Mediation in Collective Labor Conflicts, 145–60. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_10.

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Pinheiro, Andreia, Ana Margarida Passos e Alan Stoleroff. "Mediation and Conciliation in Collective Labor Conflicts in Portugal". In Mediation in Collective Labor Conflicts, 161–74. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_11.

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Iliescu, Dragos, e Andreea Butucescu. "Mediation and Conciliation in Collective Labor Conflicts in Romania". In Mediation in Collective Labor Conflicts, 175–91. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_12.

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Munduate, Lourdes, Erica Romero Pender, Ana Belén García e Francisco J. Medina. "Mediation and Conciliation in Collective Labor Conflicts in Spain". In Mediation in Collective Labor Conflicts, 193–208. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_13.

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Bray, Mark, e Johanna Macneil. "Mediation and Conciliation in Collective Labor Conflicts in Australia". In Mediation in Collective Labor Conflicts, 247–63. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_16.

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Chi, Wei, Yueting Ji e Wei Huang. "Mediation and Conciliation in Collective Labor Conflicts in China". In Mediation in Collective Labor Conflicts, 265–77. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_17.

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Atti di convegni sul tema "Mediation and conciliation"

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Завьялова, Т. А. "Actual issues of applying mediation as a conciliation procedure in civil proceedings". In НАУКА РОССИИ: ЦЕЛИ И ЗАДАЧИ. НИЦ «Л-Журнал», 2018. http://dx.doi.org/10.18411/sr-10-04-2018-21.

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Sorokoletova, M. A. "Mediation in Russia and the experience of conciliation practices in some foreign countries". In Scientific trends: Jurisprudence. ЦНК МОАН, 2020. http://dx.doi.org/10.18411/spc-20-06-2020-04.

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Gaydaenko Sher, Natal'ya. "On the prospects of unifcation of the legislation on mediation (conciliation) procedures in the framework of the Common economic space". In Problems of unification of private international law in contemporary world. Infra-M Academic Publishing House, 2013. http://dx.doi.org/10.12737/1215.19.

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Miranda, Vanessa, e Leila Salles. "MEDIATION AND CONCILIATION AS APPROPRIATE METHODS OF CONFLICT RESOLUTION (MASCS) FOR THE PROMOTION OF ACCESS TO JUSTICE AND CULTURE OF PEACE". In International Conference on Education and New Developments. inScience Press, 2019. http://dx.doi.org/10.36315/2019v2end083.

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Hapuarachchi, H. N. M., e K. Udayangani. "Suitability of alternative dispute resolution methods based on risk factors to the Sri Lankan construction industry". In Independence and interdependence of sustainable spaces. Faculty of Architecture Research Unit, 2022. http://dx.doi.org/10.31705/faru.2022.11.

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Abstract (sommario):

Disputes in construction projects always used to resolve in litigation, where nowadays parties use new innovative dispute resolution methods known as Alternative Dispute Resolution(ADR)s. Many ADR-related studies in the local context are relevant to its applicability, enforceability, and effectiveness, whereas less studies exist on the choice of ADR method(s). Further, the literature proves risk in construction projects can be used as a criterion to select ADR methods, where studies are very less. Followingly, this study focused on developing a matrix based on risk factors in the construction industry for the choice of ADR method(s) under mixed research approach. The literature survey explored ADR method(s) and risk factors. Expert interviews were executed with five experts to filter the risk factors under the choice of ADR method(s) where 10 out of 15 risk factors were chosen as applicable for the study. Then, a structured questionnaire was designed with expert interview findings and distributed among 40 experts, where 34 responses were received. The responses were analyzed through Relative Importance Index technique. Thus, ADR methods were ranked against risk factors based on RII values and developed the matrix. The result proves negotiation is the best ADR method where conciliation, mediation, dispute adjudication and arbitration are suitable respectively.

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Rajapaksha, D. N. S., V. Edirisinghe e A. N. Perera. "Statutory Adjudication for the Sri Lankan Construction Industry". In SLIIT International Conference on Advancements in Sciences and Humanities 2023. Faculty of Humanities and Sciences, SLIIT, 2023. http://dx.doi.org/10.54389/mamx3300.

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Abstract (sommario):

Disputes are pervasive in the Sri Lankan construction industry, causing project delays and financial burdens. Common dispute resolution methods include negotiation, conciliation, mediation, adjudication, and arbitration. While adjudication is mandatory in Sri Lankan construction contracts, its ineffectiveness and lack of enforceability have prompted the exploration of statutory adjudication. This study investigates the barriers to implementing statutory adjudication in Sri Lanka’s construction industry and proposes solutions. Using a qualitative approach, the study involves literature reviews and interviews with industry professionals. Findings indicate a growing preference for adjudication due to its efficiency and reduced adversarial impact. However, the absence of legislative support poses a significant obstacle. Recommendations include enacting statutory adjudication laws, government involvement, creating frameworks and guidelines, and establishing dispute resolution organizations and court systems. Comparable systems in the UK, Australia, and Singapore provide insights into the types of disputes eligible for resolution. Overcoming operational issues such as biased authority nominations, short adjudication timeframes, and insufficient adjudicator regulations is crucial. Implementing statutory adjudication can enhance confidence among stakeholders, cash flow management, and dispute resolution in Sri Lanka’s construction industry, ultimately fostering its growth and sustainability. This study emphasizes the need for legislative backing, government engagement, and comprehensive system development to facilitate statutory adjudication’s successful integration. Recommendations also include promoting awareness, training adjudicators, and encouraging professionals to become adjudicators in the industry, ensuring the construction sector’s continuous improvement.

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Perera, M. D. Chavindri Chiranga. "Promoting Sri Lanka as a Seat of International Arbitration: Lessons to be Learnt from International Jurisdictions". In SLIIT INTERNATIONAL CONFERENCE ON ADVANCEMENTS IN SCIENCES AND HUMANITIES [SICASH]. Faculty of Humanities and Sciences, SLIIT, 2022. http://dx.doi.org/10.54389/tyzj1862.

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Abstract (sommario):

Alternative Dispute Resolution (ADR) refers to a range of mechanisms available for the resolution of disputes such as Negotiation, Mediation, Conciliation and Arbitration, which are settlement-oriented processes, adopted in place of Litigation through Courts that are adversarial in character. Among the said alternative processes, Arbitration is popularly preferred across the globe for the resolution of commercial disputes for the numerous benefits it has to offer. This ease of facilitating international commercial contracts and dispute resolution pertaining thereto, offered by the arbitral process has made it a decisive factor for a country to sustain good international trade and commercial relations. Accordingly, Sri Lanka brought about several mechanisms over the years, procedurally and otherwise, to promote Sri Lanka as an attractive seat of arbitration. Nevertheless, despite the statutory framework, infrastructure, facilities and Arbitration-friendly atmosphere sought to be instituted, the findings from this study identified that Sri Lanka has not performed to its expectations of functioning as a hub of arbitration in South Asia. This study identifies certain loopholes through lessons learnt from other popular arbitration seats. It is recommended to improve and revamp the statutory framework providing for arbitration in Sri Lanka to overcome several anomalies discussed therein, in addition to meeting the gaps in terms of infrastructure and other facilities, to relieve the prospects of effective arbitration promoting cross-border investments in this era of advanced technology and globalization. Keywords: Commercial Disputes; ADR; Arbitration in Sri Lanka; Arbitration Seats; Issues and Reforms for the current system.

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