Tesi sul tema "Modes of dispute resolution"
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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.
This 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
Traesch, Bruno. "Online dispute resolution : le règlement en ligne des différends". Paris 1, 2009. http://www.theses.fr/2009PA010301.
Lekkas, 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.
The 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
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.
Hoffmann, 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.
This 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.
Overton, Crandell Cullen. "Selecting a model for dispute resolution in special duty areas". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ62032.pdf.
孫子恒 e Chee-hang Henry Suen. "A selection model of dispute resolution systems for construction professionals". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2000. http://hub.hku.hk/bib/B31251717.
Suen, Chee-hang Henry. "A selection model of dispute resolution systems for construction professionals /". Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B25950034.
Chan, Wai-kwok Justus. "Is arbitration the most suitable means for solving disputes in the construction industry? dispute resolution model before arbitration /". access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21843065a.pdf.
"Dissertation for the degree of Master of Arts in arbitration and dispute resolution (MAArbDR) submitted to School of Law, City University of Hong Kong" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
Papiri, Foteini. "Cross-border intellectual property disuputes arising online : towards a new dispute resolution model?" Thesis, University of Nottingham, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.446381.
Omale, Don John Otene. "Restorative justice as an alternative dispute resolution model : opinions of victims of crime and criminal justice professionals in Nigeria". Thesis, De Montfort University, 2009. http://hdl.handle.net/2086/2411.
Obeidi, Amer. "Emotion, Perception and Strategy in Conflict Analysis and Resolution". Thesis, University of Waterloo, 2006. http://hdl.handle.net/10012/2828.
Current research in neuroscience suggests that emotions are a necessary component of cognitive processes such as memory, attention, and reasoning. The somatic marker hypothesis, for example, holds that feelings are necessary to reasoning, especially during social interactions (Damasio, 1994, 2003). Somatic markers are memories of past emotions: we use them to predict future outcomes. To incorporate the effect of emotion in conflict, the underlying principle of Damasio?s hypothesis is used in developing the possibility principle, which significantly expands the paradigm of the Graph Model for Conflict Resolution of Fang, Hipel, and Kilgour (1993).
State identification is a crucial step in determining future scenarios for DMs. The possibility principle is integrated into the modeling stage of the Graph Model by refining the method of determining feasible states. The possibility principle enables analysts and DMs to include emotion in a conflict model, without sacrificing the parsimonious design of the Graph Model methodology, by focusing attention on two subsets of the set of feasible states: hidden and potential states. Hidden states are logically valid, feasible states that are invisible because of the presence of negative emotions such as anger and fear; potential states are logically valid, feasible states that are invisible because of missing positive emotions. Dissipating negative emotions will make the hidden states visible, while expressing the appropriate positive emotions will make the potential states visible. The possibility principle has been applied to a number of real world conflicts. In all cases, eliminating logically valid states not envisioned by any DM simplifies a conflict model substantially, expedites the analysis, and makes it an intuitive and a realistic description of the DMs' conceptualizations of the conflict.
A fundamental principle of the Graph Model methodology is that all DMs' directed graphs must have the same set of feasible states, which are integrated into a standard graph model. The possibility principle may modify the set of feasible states perceived by each DM according to his or her emotion, making it impossible to construct a single standard graph model. When logically valid states are no longer achievable for one or more DMs due to emotions, the apprehension of conflict becomes inconsistent, and resolution may become difficult to predict. Therefore, reconciling emotion and strategy requires that different apprehensions of the underlying decision problem be permitted, which can be accomplished using a perceptual graph model for each DM. A perceptual graph model inherits its primitive ingredients from a standard graph model, but reflects a DM's emotion and perception with no assumption of complete knowledge of other DMs' perceptions.
Each DM's perceptual graph model constitutes a complete standard graph model. Hence, conclusions drawn from a perceptual graph model provide a limited view of equilibria and predicted resolutions. A graph model system, which consists of a list of DMs' perceptual graph models, is defined to reconcile perceptions while facilitating conclusions that reflect each DM's viewpoint. However, since a DM may or may not be aware that other graph models differ from his or her own, different variants of graph model systems are required to describe conflicts. Each variant of graph model system corresponds to a configuration of awareness, which is a set of ordered combinations of DMs' viewpoints.
Perceptual stability analysis is a new procedure that applies to graph model systems. Its objective is to help an outside analyst predict possible resolutions, and gauge the robustness and sustainability of these predictions. Perceptual stability analysis takes a two-phase approach. In Phase 1, the stability of each state in each perceptual graph model is assessed from the point of view of the owner of the model, for each DM in the model, using standard or perceptual solution concepts, depending on the owner's awareness of others' perceptions. (In this research, only perceptual solution concepts for the 2-decision maker case are developed. ) In Phase 2, meta-stability analysis is employed to consolidate the stability assessments of a state in all perceptual graph models and across all variants of awareness. Distinctive modes of equilibria are defined, which reflect incompatibilities in DMs' perceptions and viewpoints but nonetheless provide important insights into possible resolutions of conflict.
The possibility principle and perceptual stability analysis are integrative techniques that can be used as a basis for empathetically studying the interaction of emotion and reasoning in the context of strategic conflict. In general, these new techniques expand current modeling and analysis capabilities, thereby facilitating realistic, descriptive models without exacting too great a cost in modeling complexity. In particular, these two theoretical advances enhance the applicability of the Graph Model for Conflict Resolution to real-world disputes by integrating emotion and perception, common ingredients in almost all conflicts.
To demonstrate that the new developments are practical, two illustrative applications to real-world conflicts are presented: the US-North Korea conflict and the confrontation between Russia and Chechen Rebels. In both cases, the analysis yields new strategic insights and improved advice.
El, Shakankiry Ahmed. "Le règlement des litiges du commerce international par l'arbitrage électronique : une approche sur le droit de l'économie numérique". Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10020.
The digital environment and electronic exchanges contribute and accelerate globalization, and thus multiplies the international dimension in litigation, while constantly generating new legal problems. Electronic arbitration is a form of alternative dispute resolution. Even if it is technically feasible, it raises many legal issues. On the one hand, the classic arbitration requires many forms conditions that the electronic arbitration cannot totally satisfy. On the other hand, the fully dematerialized arbitration presents distinct properties.To overcome these difficulties, we should present the legal texts governing the classic arbitration and compare it with the electronic arbitration procedures. This allows us to identify the features of electronic arbitration as an alternative dispute resolution of the international commercial disputes and especially electronics
Manla, Ahmad Jassem. "Les modes alternatifs de règlement des litiges administratifs en droit français et en droit syrien". Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0226.
Having been ignored, for a long time, by the doctrine as well as by the positive law, alternative means of dispute resolution (ADR) have recently aroused a particular interest in both French and Syrian administrative laws. Conveniently, theses alternative modes would designate a set of processes with the objective of putting an end to the administrative disputes without going through an administrative or judicial process. The administrative recourse, arbitration, mediation, conciliation and transaction have all been haphazardly found out and grouped together. It is the study of their restrained place in the resolution of the administrative disputes in France and in Syria, as well as the study of the perspectives of their desired development in French and Syrian administrative laws that the present study is devoted to. In this sense, this is a comparative study between the French system and the Syrian system
Ko, Chun Wa Johnason. ""Is adoption of Public Private Partnership (PPP) model in infrastructure contract an effective form of contract to minimize disputes?"". access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21844197a.pdf.
"Master of Art in arbitration and dispute resolution, LW6409 dissertation" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
Majidi, Naz E. (Naz Emilie) 1979. "Evaluation framework of construction alternative dispute resolution methods through an integrated model of real options, probabilistic analysis and system dynamics". Thesis, Massachusetts Institute of Technology, 2003. http://hdl.handle.net/1721.1/85384.
Khadka, Narayan B. "Tharu Barghar-Mukhiya Indigenous Model: A Case Study of Tharu Community of Nepal". NSUWorks, 2016. http://nsuworks.nova.edu/shss_dcar_etd/47.
Zoubir-Afifi, Jamila. "Les modes amiables de règlement des différends inter-entreprises : une autre justice ou la justice autrement ?" Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1036.
As part of the current context of globalisation, the development and promotion of the alternative dispute resolution (ADR) clearly show a new approach in the production of norms, whereby the litigant is positioned at the very heart of the rule of law, and where mutual understanding replaces authority, and discussion and dialogue prevail. While economic time no longer correlates with judicial time in the competitive framework, which by its very nature demands rapid reactions, the ADR process meets concrete corporate needs. At the core of this active and complex process of globalisation, corporations adapt their conflict management strategies through ways which best serve their interests. Risk prevention is a priority, risk management a daily challenge and the adaptation to the evolving context, in space and time, the sign of efficiency of the normative tools used. Thus, ADR and its involvement in the globalisation process, raises anew the issue of the legitimacy of law and court justice. This phenomenon has been qualified as negotiated or consensual justice, but is it at its core a form of justice, even an alternative one? The answer to this question mainly depends on the overall understanding of the ADR phenomenon. That is why this thesis proposes to view it as more than just a simple implementation of a consensual dispute resolution tool as it is often depicted, but more genuinely as the expression of a developing legal order. Approved by its main users, the ADR process has become an instrument of fair and effective justice and has captured the concept of justice in its essence rather than in its structure
Ben, Rehouma Inès. "Le particularisme de la médiation dans les services publics". Thesis, Paris 11, 2012. http://www.theses.fr/2012PA111018.
The public sphere has not remained closed to these deep, cultural changes which make up the recourse to alternative models of conflict management privileging dialogue and a feel for compromise. For many years, public firms and more generally the ‘services publics’ have employed mediators with a view to improving user-relations (La Poste, the RATP, the SNCF, the ministries of Economy, of Education, etc.). However, is this trend meaningful in terms of what would be a deep, cultural change within the State itself?Is such an evolution of the ‘champ’ of social mediation as to relations between citizens and ‘services publics’ in tune with the legendary attachment in France to the notion of the ‘service public à la française’; to the pregnant presence of these ‘services’ throughout the territory ? to the very high expectations on the part of the public as to these services ? Would the considerable spread of the mediating practices not, fundamentally, reflect a metamorphosis of public action itself? Is the latter in search of a new way to govern the City and to produce social cohesion?In both the private and public sectors, can mediation be considered as indispensable to the evolution of society? Does it make up a necessary response with regard to the evolution of relations between the collective and the individual in the public sphere, and between the firms and the customers in the economic sphere? How does mediation operate, in what dynamic, what can be its limits and its potency?
Webb, Paul F. "Alternate dispute resolution". Thesis, Monterey, California. Naval Postgraduate School, 1994. http://hdl.handle.net/10945/25663.
Hörnle, Julia. "Internet dispute resolution". Thesis, Queen Mary, University of London, 2007. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1457.
Knowles, Kelvin David. "A conflict theory analysis of the 2007 South African public sector strike using a conflict model". Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1015033.
Norman, 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.
Rubino, F. Joseph (Francis Joseph). "Dispute resolution in construction". Thesis, Massachusetts Institute of Technology, 1989. http://hdl.handle.net/1721.1/44670.
Deirmendjian, Élisabeth. "La stratégie d'anticipation procédurale en matière civile". Thesis, Toulon, 2012. http://www.theses.fr/2012TOUL0068/document.
The civil procedural assessment strategy allows for a proper choice between the various existing rules depending on the aim. The assessment of the trial and the strategy at the heart of the lawsuit sets aside the scope of individual liberty that the defendant is entitled to during the civil trial. During the assessment of the origin of the dispute or the consideration of the methods for resolving it, the contractual technique is a matter of avoiding judicial recourse as part of an assessment strategy. Once the litigation has been entered into, the choice of suing involves assessing the chance of success of the lawsuit compared to the expected result. Sometimes what is preferred is alternative dispute resolution methods, or even recourse to a private judge (arbitrator). But if a lawsuit is entered into, it will be necessary to provide the defendant with answers to a certain number of questions that are necessary for developing the strategy that he will use throughout the case. In order to reduce legal risk, several parameters must be taken into account, such as the current state of legislation, jurisprudence, and opponents’ responses as well as those of the Office of Justice. The effectiveness of the assessment strategy will vary depending on the degree of predictability of the different elements which form the subject of this study
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.
Partida, Sebastian. "La convention d'arbitrage dans le droit des nouvelles puissances économiques (Chine, Inde, Brésil, Mexique)". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020049.
The profound changes in international trade, particularly in light of the emergence of new economic powers and the acceleration of the Digital Revolution, lead us to revisit the traditional distinctions between the different national arbitration laws. While a movement of standardization of national laws has been observed in Western countries, particularly with a tendency of convergence between Common Law and Civil Law jurisdictions, what about the countries that were qualified yesterday as "emerging"? Is the same phenomenon true for the them and Do particularisms emerge? The purpose of this thesis will be to examine the specificities of four major countries - China, India, Brazil and Mexico - whose demographic and economic weight is growing in international trade day by day. Through a comparative approach, we will focus specifically on the arbitration agreement, being the keystone of arbitration law, in order to try to understand the philosophy and treatment reserved to this dispute resolution method in each of these countries. This will inevitably lead to question the current place of French law, long considered as avant-garde, and its influence in the years to come
Jeremic, 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.
Hammond, 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.
Jeremic, 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.
Chapter 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.
McCone, 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.
Alshahrani, 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/.
MourÃo, Marco AntÃnio Nogueira. "CaracterÃsticas morfo-fisiolÃgicas como determinantes da capacidade de manutenÃÃo de territÃrios em machos de Macrothemis imitans (Odonata: Libellulidae)". Universidade Federal do CearÃ, 2012. http://www.teses.ufc.br/tde_busca/arquivo.php?codArquivo=8726.
Em muitas espÃcies animais, os machos brigam por territÃrios os quais aumentam as chances de cÃpulas. Os comportamentos de luta dos machos podem variar desde embates sem contato fÃsico atà lutas com injÃrias e possÃveis mortes. Existem pelo menos trÃs modelos propostos para explicar as regras usadas pelos machos para decidirem o vencedor de um confronto territorial: Guerra de Atritos (GDA), Acesso Sequencial de InformaÃÃes (ASI) e Acesso Cumulativo de InformaÃÃes (ACI). PorÃm, para sermos capazes de testar tais modelos à necessÃrio identificar primeiro quais traÃos dos machos determinam funcionalmente sua capacidade de luta (RHP). Para isso, usamos machos da libÃlula Macrothemis imitans para avaliar duas hipÃteses: 1) se as brigas ocorrerem com contato fÃsico, caracterÃsticas ligadas ao tamanho determinarÃo o RHP e 2) se os machos nÃo exibirem contato fÃsico durante as brigas, caracterÃsticas que conferem maior resistÃncia determinarÃo o RHP. Realizamos coletas de campo em campanhas de dois dias seguidos. Nessas campanhas realizamos captura, marcaÃÃo, observaÃÃo comportamental e recaptura de duas categorias de machos: os que possuÃam posse dos territÃrios (machos residentes) e os machos que ocuparam o local apÃs a remoÃÃo experimental dos machos residentes (machos substitutos). ApÃs a recaptura, levamos os machos residentes e substitutos para laboratÃrio para realizar as medidas: Ãrea alar, peso fresco, massa muscular torÃcica e quantidade de gordura. Os resultados indicaram que os machos residentes apresentaram maior quantidade de massa muscular e possivelmente gordura do que os substitutos. Uma vez que as brigas ocorreram com contato fÃsico, a maior quantidade de massa muscular e gordura dos machos residentes indica que a relaÃÃo funcional entre comportamento de luta e traÃos determinantes do RHP deve ser rejeitada. Alternativamente, à possÃvel que a maior quantidade de mÃsculo proporcione maior desempenho para causar injÃrias nos rivais ou evitar acÃmulo acelerado de danos.
In many animal species, males fight for the possession of territories that increase their mating chances. The fighting behavior of males may range from conflicts without physical contact to disputes with injuries and possible deaths. There are three models aiming to explain the rules adopted by males to decide the winner of a contest: war of attrition (WOA), sequential assessment model (SAM) and cumulative assessment model (ACM). However, to be able to test these models it is necessary to identify male traits functionally related to fighting ability (RHP). In this sense, we used males of the dragonfly Macrothemis imitans to evaluate two hypotheses: 1) if contests occur with physical contact, traits related to the size define RHP and 2) if disputes occur without physical contact, traits which confer endurance define male RHP. We did field experiments during campaigns with two consecutive days. In each campaign we captured, marked, made behavioral observations and recaptured males that were defending a territorial site (resident males) and males that stablished territories in this sites after the experimental removal of the resident male (substitute males). After recapturing, we transported all males them to lab to measure total wing area, male fresh weight, muscle mass and fat content.The results indicated that resident males presented higher muscle mass and probably fat content than substitute males. Since disputes occurred with physical contact, these differences in muscle mass and fat content indicate that the functional relationship between fight behavior and traits linked to RHP should be rejected. Alternativelly, it is possible that the higher muscle mass confers higher ability to cause injuries or to avoid damage accrual.
Ponsard, Anne-Laure. "La transaction administrative". Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100200/document.
La présente thèse se propose d’étudier la transaction administrative à l’aune de son environnement juridique : un mode transactionnel de règlement des litiges administratifs peut-il valablement se développer en droit français ? Il apparaît alors que la transaction administrative s’est développée là où elle est désignée pour ce faire. Promouvoir ce mode de règlement des litiges supposait d’en clarifier la définition et le régime juridique. En l’occurrence, comme la transaction de droit privé, la transaction administrative est caractérisée par trois éléments : l’existence d’un litige ─ relevant du juge administratif ─, un accord de volontés et des concessions réciproques. Leur appréhension fait, en revanche, l’objet de quelques adaptations de façon à tenir compte des problématiques du droit administratif que soulèvent nécessairement les litiges administratifs. C’est donc une transaction largement inspirée de la transaction de droit privé et faiblement dérogatoire au droit commun que le Conseil d’Etat a façonnée. Depuis, la transaction administrative s’est effectivement développée. Toutefois, un plus grand développement encore ne semble pas envisageable, du moins à court terme, tant les entraves sont importantes. Celles-ci sont nombreuses, de nature hétéroclite et pour certaines, difficilement remédiables. Ni le système juridique français, ni les caractéristiques propres de la transaction ne se prêtent à un développement massif de ce mode de règlement des litiges. Il est donc probable que la transaction administrative demeure, en droit français, un mode secondaire de règlement des litiges. Mais secondaire ne signifie pas nécessairement mineur, et si des progrès sont encore envisageables, le bilan de la transaction administrative est, pour l’essentiel, très honorable
Fonmanu, Keresi Rokomasi. "Dispute resolution for customary lands in Fiji /". Connect to thesis, 1999. http://eprints.unimelb.edu.au/archive/00001051.
Liu, Ouqian. "L’exécution des sentences arbitrales étrangères - étude comparative entre la France et la Chine". Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020067/document.
France revealed its long-awaited new arbitration law in January 2011. France had forged a legal and judicial framework that is significantly favorable to arbitration in every respect, particularly in the field of enforcement arbitral award. In the context of harmonisation of arbitration law and practice worldwide, the central purpose of the New York Convention was to facilitate the recognition and enforcement of foreign arbitral awards. It considerably simplifies the enforcement of foreign awards. Nonetheless, the enforcement of an international arbitral award always takes place through a national court operating under its own legislations. In practice, the application of this legal regime can vary significantly from one country to another. China provides a good case study on this background, its arbitration rules has gone through continuous process of reform every year. While the foreign investors and researchers have often claimed that enforcement in China is problematic, the Chinese authors and researchers present a more positive view. The aim of this research endeavours to present a unique insight and an objective picture of the enforcement of arbitral awards in China, based on a combination of theoretical analysis of legal regime, statistical information and practical insights. It explains the current arbitration law in China with a comparative approach (including Hong Kong and Taiwan). Setting Chinese arbitration in its wider social context, we try to understand the history, the contemporary practice, the legal obstacles, the judicial attitudes and the possible future trends in the field of enforcement of foreign arbitral awards. We hope that the recent French Arbitration Law would be an inspiration for the next reform of the PRC Arbitration Law
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.
Title 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.
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.
Chan, 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.
"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.
"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.
Alfuraih, Saleh Ibrahim. "E-commerce protocol supporting automated online dispute resolution". Thesis, University of Newcastle Upon Tyne, 2006. http://hdl.handle.net/10443/2132.
Devahoma-Indongo, Mirjam Nelao. "The dispute prevention and resolution systems in Namibia". University of the Western Cape, 2021. http://hdl.handle.net/11394/8097.
The 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.
Cheu, 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.
DELLI, CARRI SERENA ANTONIA. "Alternative dispute Resolution: le ragioni dell’attuale favor conciliationis". Doctoral thesis, Università di Foggia, 2016. http://hdl.handle.net/11369/363258.
The crisis of the economic and financial system has gradually paralyzed the justice system, which has demonstrated its inadequacy in providing a timely and efficient service. Official data on civil justice in Italy, as in other countries, highlight the difficulties of this system to ensure that citizens and businesses protect their rights. A concatenation of causes is the base of the phenomenon. The excessive length of proceedings seems to be a direct result of the high level of conflicts, which, in turn, goes hand in hand with improving the quality of life that determines the perception of the need to satisfy secondary needs as if they were primary . This figure, relating to the question of justice, must be considered along with the supply of Justice. Modern and complex society no longer satisfied with the process, which, especially in our country, did not give a good account of itself, possibly because of a convulsive period of reforms that have favored the path of reduction of collateral rather than placing of money into the system. Just from the supply side of justice lies the theme of alternative methods of dispute resolution and more generally the advantages and disadvantages of the spread of a conciliatory culture. The Italian model of mediation is analyzed to evaluate his compliance to the classic Anglosaxon and American "mediation" model and to explain the reasons for the distrust of those who consider it a gaffe result of unpreparedness. Along with details on mediation, they are taken into account data on arbitration as an alternative "par excellence" to the process.
Lahouazi, Mehdi. "Le développement des modes alternatifs de réglement des différends dans les contrats administratifs". Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3056.
The development of alternative dispute resolution in administrative contracts is a necessity. Indeed, the congestion of the administrative courts, combined with the need for a more consensual and calm settlement of disputes, pleads in favour of the emergence of an alternative justice. Nevertheless, the public order governing the activities of public bodies, and protected by imperative norms, requires that the development of alternative methods be regulated. As such, the study of positive law shows that this phenomenon is not unknown in the settlement of disputes concerning administrative contracts. For instance, the parties to a dispute can already freely resort to amicable methods (mediation, conciliation or settlement agreement), and some exceptions to the principle prohibiting public bodies from resorting to arbitration are provided for. However, the voids and shortcomings of the current system of alternative dispute resolution in administrative contracts (lack of proper status of the mediator, paucity of framework for inter partes conciliation, complexity of the concept of reciprocal concessions or, difficulty for the administrative judge to assert its competence in international arbitration...) make its understanding and implementation more complex and more prone to increasing public order violations. It is therefore necessary to propose a sustainable regime of alternative methods to ensure, on the one hand, the protection of peremptory norms of public law and, on the other hand, the freedom of the parties in the choice and conduct of an alternative justice. For that purpose, the future regime will have to authorize arbitration in administrative contracts and endow it with procedural guarantees taking into account its specific nature but also certain characteristics inherent in public entities and administrative law. Furthermore, the mediation and conciliation procedures will have to be improved in order to provide the parties with a flexible framework conducive to the conclusion of balanced and secure settlement agreements. Finally, this regime must definitively establish the role of the administrative judge. To this end, that judge may be called upon to assist the parties in the implementation of alternative methods (creation of an administrative support judge in arbitration, combination of interim reliefs with amicable procedures...). The administrative judge must also be responsible for checking the compliance of the alternative solution to the public order. This attribution of jurisdiction, which is resonates all the more in international arbitration, is fundamental for the protection of the public interest. It is only under these conditions that the development of alternative dispute resolution mechanisms can take its place in administrative contracts
Collins, 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.
M.A.
Department of Sociology
Sciences
Applied Sociology MA
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.
Deirmendjian, Élisabeth. "La stratégie d'anticipation procédurale en matière civile". Electronic Thesis or Diss., Toulon, 2012. http://www.theses.fr/2012TOUL0068.
The civil procedural assessment strategy allows for a proper choice between the various existing rules depending on the aim. The assessment of the trial and the strategy at the heart of the lawsuit sets aside the scope of individual liberty that the defendant is entitled to during the civil trial. During the assessment of the origin of the dispute or the consideration of the methods for resolving it, the contractual technique is a matter of avoiding judicial recourse as part of an assessment strategy. Once the litigation has been entered into, the choice of suing involves assessing the chance of success of the lawsuit compared to the expected result. Sometimes what is preferred is alternative dispute resolution methods, or even recourse to a private judge (arbitrator). But if a lawsuit is entered into, it will be necessary to provide the defendant with answers to a certain number of questions that are necessary for developing the strategy that he will use throughout the case. In order to reduce legal risk, several parameters must be taken into account, such as the current state of legislation, jurisprudence, and opponents’ responses as well as those of the Office of Justice. The effectiveness of the assessment strategy will vary depending on the degree of predictability of the different elements which form the subject of this study