Rozprawy doktorskie na temat „Dispute resolution”
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1
Webb, Paul F. "Alternate dispute resolution". Thesis, Monterey, California. Naval Postgraduate School, 1994. http://hdl.handle.net/10945/25663.
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In an effort to save taxpayer dollars and ease an overburdened
administrative and judicial court system, this report presents evidence to encourage
the use of alternate dispute resolution (ADR) in construction contracting within the
Naval Facilities Engineering Command. Information is presented detailing the
primary factors that contribute to this expensive and overburdened system,
including: costs associated with litigation, contractual document formation,
experience level ofjunior project managers, and adversarial relationships that tend
to develop between government agencies and construction contractors.
Research on court cases and associated cost data was limited by
geographical region, specifically, the Southern Division, Naval Facilities
Engineering Command, Charleston, South Carolina. Also included is related
information from the Department of Defense administrative hearing agency, the
Armed Services Board of Contract Appeals.
2
Hörnle, Julia. "Internet dispute resolution". Thesis, Queen Mary, University of London, 2007. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1457.
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This thesis develops a model for the fair resolution of internet disputes. The internet has the potential to lead to international~ cross-border disputes being a powerful communications medium, that allows data exchanges in various media formats between a wide range of different users situated in distant locations. It explores the meaning of fairness for the resolution of such disputes. This thesis refers to the existing literature examining the private international law issues arising from cross-border interactions and transactions on the internet which make litigation and enforcement more costly and lengthy. For many disputes arising on the internet, alternative ways of resolving such disputes have to be found. This thesis contains a detailed exploration of the use of mediation and arbitration, using online technology. obviating the need for the parties and lawyers to meet face-to-face and leading to more efficient information processing, and thereby reducing cost and delay in dispute resolution. Binding dispute resolution and enforceability in cross-border cases are important for internet disputes and can be provided by online arbitration. Therefore, this thesis proceeds to examines in great detail the legal issues surrounding online arbitration. It looks at questions of due process in arbitration and covers the legal issues surrounding business-to-consumer arbitration comparing the European approach to that in the us. The thesis contains a detailed analysis of the Uniform Domain Name Dispute Resolution Procedure (UDRP) and considers to what extent the dispute resolution model established by the UDRP could or should sene as a model for other types of internet disputes. The conclusion from this examination of all aspects of internet dispute resolution is a model of dispute resolution. which encourages the use of online arbitration for internet disputes but, where there exists a substantial power imbalance between the disputants (such as the traditional business-to-consumer paradigm), subjects traditional commercial arbitration to more stringent due process standards for disputes.
3
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.
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Rubino, F. Joseph (Francis Joseph). "Dispute resolution in construction". Thesis, Massachusetts Institute of Technology, 1989. http://hdl.handle.net/1721.1/44670.
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Abenga, 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.
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Dispute resolution plays an important role in industrial relations. This is because conflicts are an inherent part in any relationship and industrial relationships are not exempt from this. To this end it is important to have a dispute resolution system that ensures efficient and effective resolution of disputes that arise in the course of industrial relationships. Efficient and effective dispute resolution is particularly important in the industrial relations arena as industrial relations attract various stakeholders, some who may not necessarily be a part of the dispute that arises, but who might inadvertently be affected in the situation of an unresolved dispute. Traditionally litigation has been the most commonly utilized medium of resolution of industrial disputes, with disputants rather choosing to take the dispute to the courts of law for adjudication and determination. However with the advent of alternative means of dispute resolution such as negotiation, mediation and arbitration, it has become paramount that these alternative dispute resolution methods be promoted for the reasons of expediency and efficiency. Regardless of the advent of such methods of dispute resolution, courts have still exercised some form of control and oversight of the dispute processes, and such oversight can be easily misused to defeat the main intention of having the alternative dispute resolution processes in the first place. This thesis discusses reforming the approach to alternative dispute resolution in Kenyan industrial disputes, so as to achieve maximum efficiency of the system. In doing this, the thesis does a comparative analysis of the systems of South Africa and Australia respectively.
6
Eaton, 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.
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Fung, 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.
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Thesis (M.A.)--City University of Hong Kong, 2007."Master of Arts in arbitration and dispute resolution, LW6409 dissertation." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
8
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.
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Cette thèse explore les facteurs de résistance aux Modes Alternatifs de Règlement des Conflits (MARC) présents au sein des entreprises françaises, en particulier dans les interactions entre gestionnaires et professionnels du droit en situation de litige d’entreprise. Cet ouvrage se compose de trois articles académiques qui proposent des avancées théoriques, notamment en transposant la théorie de l’agence dans les services professionnels, et deux études empiriques. La première lève le voile sur la diversité et le caractère dynamique des relations gestionnaires-juristes et propose des leviers organisationnels visant à promouvoir une gestion efficace des litiges. La seconde lie les comportements individuels des gestionnaires, en particulier en relation avec leurs conseils juridiques, avec l’utilisation et le succès des MARC. Ensemble, ces articles mettent en lumière la notion de coproduction et invitent à seconcentrer sur le comportement des clients de la résolution des litiges d’entreprise. Ils suggèrent que, les MARC se trouvant à la frontière de la sphère de compétence des juristes français, des pratiques efficaces de résolution des litiges nécessitent que les clients s’adaptent, voire des efforts de changement organisationnel. Ces études contribuent à la théorie de la gestion des conflits et participent à la promotion d’une résolution efficace des litiges au sein des entreprises françaisesThis 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
9
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.
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This thesis is a study of the natural justice obligations that apply to dispute resolution schemes in the financial services sector. It specifies the particular obligations that apply and how the schemes strive to meet those standards. It identifies four areas in which the current schemes could better and more efficiently satisfy the obligations. The thesis concludes with specific recommendations that, if adopted, will assist the schemes provide a fair, efficient and cost effective form of dispute resolution for consumers.
10
Ikpokonte, 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.
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This dissertation explores the functionality of Alternative Dispute Resolution (ADR) as an effective mechanism in Electoral Dispute Resolution (EDR) in Nigeria. It considers the evolution and application of ADR in Nigeria as well as the merits and successes of ADR in EDR to assess the essentiality and suitability of ADR in EDR in Nigeria. It also examines the Nigerian electoral dispute setting and international trends in the application of ADR in EDR to determine the practicability of ADR in EDR in Nigeria. The dissertation finds that although the utilisation of ADR is desirable and suitable in EDR in Nigeria, the utilisation of ADR in EDR is not formally endorsed in Nigeria. Furthermore, the current Nigerian sociopolitical atmosphere is not conducive for the efficient application of ADR in EDR. This notwithstanding, research indicates that the adoption of a wide-ranging approach, which entails structural, legislative, institutional, political, attitudinal and socio-economic reforms, would ensure the achievement of the efficient utilisation of ADR in EDR in Nigeria. This dissertation therefore concludes that, despite the present unfavourable condition, ADR can be an efficient mechanism in EDR in Nigeria, given an enabling environment.
11
Fisher, 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.
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Due to the influence of the construction industry on the country’s economy, resolution of disputes is very important. The Arbitration Act 1996 was passed to remedy the complaints that had made arbitration unpopular. Comments from academics and practitioners indicated that construction arbitration remained unpopular and procedural innovation anticipated had not materialised. This study considers arbitration in the construction industry in England and Wales and evaluates its use and role since the passing of the Arbitration Act 1996. It also explores the potential use of arbitration against the use of litigation, statutory adjudication, mediation and expert determination having regard to variables of size of claim and dispute. A pragmatic theoretical perspective was followed, using a survey strategy. Initially a quantitative methodology was used, with structured questionnaires sent to users of arbitration, their legal advisers and construction arbitrators. To provide extension and clarification of matters revealed from questionnaires, interviews were conducted with construction arbitrators and construction lawyers, thereby incorporating a qualitative methodology. The study shows a significant decline in the use of construction arbitration, but comparing the two periods investigated, there was less of a decline for the more recent period, compared to the earlier period. As a dispute resolution method, arbitration was considered neutral, being neither poor, nor excellent. Arbitration’s standing, overall, is poor; however, for claims between £1 million and £10 million it is similar to the other methods referred to above. Positive influences towards choosing arbitration are that arbitration is private, providing fairness, allowing control of the process with an award that is final. Negative influences are that arbitration is costly, complex with procedures styled on litigation, subject to delays and confidence issues with arbitrators’ decisions. Cost and duration of arbitration remain the most problematic features, however the investigation suggests that users and particularly their lawyer advisers are reluctant to implement cost saving procedures.
12
Haloush, 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.
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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.
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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.
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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.
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The aviation industry, by its very existence, has a tremendous impact on the global economy. As an integration of economic interests and international prestige, aviation triggers a large number of disputes and disagreements. This dissertation examines the regulatory aspects of international air transport disputes.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.
16
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.
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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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Thesis (S.M.)--Massachusetts Institute of Technology, Dept. of Civil and Environmental Engineering, 2002.Page 168 blank.
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.
18
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.
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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/.
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The Kingdom of Saudi Arabia (KSA) has the one of the fastest growing economies in the Middle East, and the construction sector in the KSA has become the largest construction sector in the Middle East. This sector incorporates a variety of building, housing and infrastructure related projects and, over the past two decades, has witnessed an increase in the number of disputes. Such disputes impact the time, cost and quality of the work and may even cause projects to come to a halt. Resolving disputes takes a long time in Asia and Middle East, and they effect on the relationships between the parties involved. Industry reports suggests phenomenonal costs of these disputes, costing industry hugely in terms of productivity and efficiency. However, there is a clear knowledge gap in the research, in that none focuses on dispute resolution in Saudi construction projects, including the critical success factors for alternative dispute resolutions and the barriers to using alternative dispute resolutions. Thus, the main aim of this research is to improve the efficiency of dispute resolution in Saudi construction projects through the development of a dispute resolution framework. To achieve this aim, the researcher collected data through mixed, qualitative and quantitative methods. The researcher conducted semi-structured interviews with 15 academics, arbitrators and experts in Saudi construction projects. These interviews were conducted face-to-face, by telephone and through Skype. The researcher used manual coding for content analysis and later used Survey Monkey to conduct a survey and collected data through social networks and face to face. According to the collected data, the primary causes of disputes in Saudi construction projects are financial, contractual, or related to the owner, the design, the contractor, behavior; disputes may be project-related and external. It is also found that the methods used to resolve disputes in the public sector are different from those used in the private sector. The methods of dispute resolution include negotiation, mediation, arbitration and litigation. In the public sector, litigation is often used, but it is rarely to use negotiation. In private sector, negotiation, mediation, arbitration and litigation are used, and the most used method is litigation. The researcher also identified four main barriers to alternative dispute resolution in Saudi construction projects: governmental, contractual, cultural and developmental, and rehabilitation. The researcher develops a disputes resolutions framework through interviews with academics, arbitrators and experts and by using interpretive structural modeling (ISM) to evaluate the critical success factors in alternative dispute resolution, through relative ranking between the factors. This research has several limitations, included limited literature, data collection and identifying the current conditions of Saudi construction projects. There are four contributions in this research; firstly, the study explored the current methods of dispute resolution in Saudi construction projects based on qualitative data, which conducted on 15 experts, arbitrators and academics. Secondly, the study provided ranking and rating between factors based on the quantitative data, which conducted with 327, responds. Thirdly, the study provided CSF ISM model that contributed to the understanding of the relationship between critical successful factors for alternative dispute solutions in Saudi construction projects. Forth, Development of dispute resolution framework is to improve efficiency of dispute resolution in Saudi Construction Projects. Finally, made recommendations for both academic and industrial sectors KSA.
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Ngan, 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.
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Thesis (M.A.)--City University of Hong Kong, 2007."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.
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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.
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In its preamble, the LRA provides that one of its aims is to change the law governing labour relations by, amongst other means, promoting simple procedures for the resolution of labour disputes. The Commission for Conciliation, Mediation and Arbitration (hereafter referred to as the CCMA) was created during 1996.1 It was expected that the CCMA would have to deal with an average of 30 000 referrals nationally per year. However, it quickly became apparent that this was a gross underestimation. During the 1997/1998 reporting period, the CCMA reported that it had received 67 319 referrals. The number of referrals has continued to increase yearly, with 154 279 referrals having been received during the 2010/2011 reporting period. This trend has continued, with the CCMA for the reporting period of 2015/2016 reporting 179 528 referrals.2 The process of the referral of a dispute to the CCMA or any other dispute resolution council was engineered to be uncomplicated and cost efficient for the CCMA to be accessible to everyone, and to give effect to Section 23 of the Constitution.3 The CCMA strives for any person who has a labour dispute to be able to refer the matter to the CCMA, without requiring costly legal representation. However noble the intention for free and easy access to the CCMA may be, the limited consequences associated with dishonesty or abuse in the forum has resulted in cases of misuse by employees and reluctance by the employer to participate in pre-arbitration processes.4 In order to give effect to the constitutional ideologies through the concialtion and making the referral process of dismissal law available to dismissed employees free of charge5, the CCMA has provided a forum for employees to ventilate disputes with their employers on an equal footing. To reach a mutually acceptable agreement between the parties. However honourable the intentions of the CCMA may be in providing and facilitating the process of conciliation in disputes of alleged unfair dismissal, it is not immune to being abused by parties who may not have the best of intentions when referring a dispute to the CCMA in the first place. This study aims to identify the possible short comings of the concialtion process at the CCMA by comparing it to a similar process used in the United Kingdom provide proposed recommendations for conciliation in disputes based on allegations of unfair dismissal, remain effective in South Africa.Mini Dissertation (LLM)--University of Pretoria, 2018.
Mercantile Law
LLM
Unrestricted
22
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/.
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Electronic commerce is important,and perhaps,inevitable. Thus to consider the legal implications of the growth and development of electronic commerce is essential.However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace particularly arbitration and mediation as the main types of ADR, the form of online alternative dispute resolution (OADR) can maximise the growth of e-commerce. However, in analysing OADR, one must contemplate primarily the value of fair process which OADR solutions are subject to, and the value of efficiency which OADR solutions are seen to achieve. From this perspective, a big challenge for traditional dispute resolution processes such as ADR, will be to adapt to the internet and capitalise on the new possibilities it presents. Another big challenge will be to maintain the integrity and meaning of dispute resolution processes as they move online. But perhaps the greatest challenge will be to design an Online Alternative Dispute Resolutions system which represents an effort at balancing,on the one hand, the need to provide effective mechanisms that increase access to justice, without which there seems little point in introducing the system, and, on the other hand,the need to provide just and fair administration of OADR processes without which the OADR outcome(s) will be cast in doubt. This thesis concludes that OADR is a valid proposition and perhaps the preferred system for resolving disputes that inevitably arise in e-commerce, particularly, B-to-C internet transactions disputes and domain names disputes. This is due to the fact that OADR protects internet users' interests while not harming the interest of the Information Technology (IT) industry and, most importantly, not hindering the flourishing of electronic commerce. That said, a number of legal and technical issues need to be addressed if there is to be a swift and successful deployment of OADR mechanisms in a cross-border environment.Legal issues do not constitute insurmountable obstacles to a successful operation of such schemes, but some uncertainties remain due to technological limitations. Indeed the growth of OADR is tied to the development of technology. The challenge faced by online arbitration lies more in the realm of law than technology, while the challenge faced by online mediation lies more in the realm of technology than law. This is due to the less stringent legal requirements and the crucial role of the communication process in conducting mediation. As a result, as online arbitration is faced with many legal issues, and, as online mediation requires complex and sophisticated communication schemes which are difficult and expensive to set up presently, given time, OADR will be within the ambit of legally and technically possible in the near future.
23
Fonmanu, Keresi Rokomasi. "Dispute resolution for customary lands in Fiji /". Connect to thesis, 1999. http://eprints.unimelb.edu.au/archive/00001051.
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Mokorosi, 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.
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Includes bibliographical referencesThe 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.
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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.
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The purpose of this study was to compare the dispute resolution systems of Botswana and South Africa. As far as the South Africa dispute resolution system is concerned extensive literature on the system was carried out to describe its functioning. As for the Botswana dispute resolution system there was not much written about it in the literature, so in order to find out more about this system semi-structured interviews with labour relations experts which include mediators, arbitrators, lecturers, labour lawyers, trade unionists, employers and government officials held. The framework of comparison was developed to compare the elements of dispute resolution systems against each other and secondly to compare each system against the criteria of performance to the system. The two labour relations systems were compared in terms of elements of the system and the performance of the two systems. In the comparisons of the elements of the systems it was found out that in both systems the nature of disputes was collective and individual disputes both of which can be referred to the initial process of mediation or conciliation. However, in Botswana collective disputes can only be referred to arbitration if they remain unresolved in mediation while in South Africa only collective disputes on essential services go to arbitration while others lead to a strike or lockout if unresolved at conciliation. As for coverage both systems have incorporated public service sector employees in the systems after being excluded from the system for a very long time. The only difference is that in Botswana the Police force is not included while in South Africa they are included in the system. Differences in the avenues of disputes in the two countries were noted, in Botswana the rights/individual disputes go to either arbitration or Industrial Court if unresolved at mediation, inter-est/collective disputes can only go to arbitration while in South Africa the route of disputes is specified in the legislation. As for the human resources of the two countries it was found that the South African system has more qualified, trained and sufficiently experienced staff than the Botswana system. As for the processes it was found that for South Africa the initial process is conciliation while in Botswana it is mediation but these two processes were similar in many ways, from mediation/conciliation the next step in both systems is arbitration and just like the conciliation/mediation, arbitration in both countries was found to be similar except that in South Africa it is a public hearing. The two systems were also compared in terms of their performances and the research has established that between the two systems the South African system proved to be more superior on three of the criteria; efficiency, accessibility and legitimacy than the Botswana system. Therefore, the research proposes a number of recommendations for Botswana to implement namely; establishment of a legislated mixed process of mediation-arbitration, making the dispute resolution system independent from government, recruitment of high qualified and experienced staff for mediation and arbitration, accreditation to private agencies, effective case management system and proper routing of disputes.
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Aguilar, 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.
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The influence of globalization over legal systems has resulted in, among other effects, the emergence of transnational law and new international players, such as multinational corporations (MNEs), non-governmental organizations (NGOs) and numerous international entities. The dynamics of the new players within the new transnational legal order have generated a need for a new supranational system of dispute resolution.The 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.
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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.
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Thesis (M.A.)--City University of Hong Kong, 2005.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.
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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.
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This minor dissertation deals with the question of whether there is a potential for mediation in relation to the resolution of conflicts concerning the crime of ecocide. First, the terminology and conceptuality are presented and an analysis of the situation regarding mediation in the solution of ecocide crimes is prepared. The potential of mediation for ecocide crimes is then discussed and clarified on the basis of the findings. The minor dissertation is based on the evaluation of relevant literature and the investigation of case studies (in particular mock trials). By doing so, the author aims to gain insights into how we can effectively combat ecocide and thus protect the environment – our very basis of life.
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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.
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Includes bibliographical referencesThis 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.
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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.
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As a dispute resolution service provider, the justice system ought to provide effective legal remedies to address the justice needs of people. Apart from having the capacity to provide the legal remedies, the system has to be accessible as well. In marital violence disputes, one of the general interests of both the State and the affected individual spouses is to prevent further abuse. Courts offer this remedy, among others, by imposing restraining orders, which are backed up by punitive threats. On the other hand, facilitative mechanisms of dispute resolution such as mediation do not have the power to impose punishment on contemptuous parties. However, facilitative dispute resolution processes encourage joint problem solving, which is desirable in maintaining a workable relationship between spouses. This research argues that in order to ensure optimum access to justice in marital violence disputes there is a need for a dispute resolution system that offers facilitative and advisory mechanisms of dispute resolution alongside court processes. However, in Malawi, rural citizens face the barriers of language and use of English law-orientated procedures when accessing courts. Furthermore, some customary law practices and statutory law provisions encourage the view that mediation in marital violence disputes precludes concurrent access to court remedies. This research explores the challenges which this current approach to marriage dispute resolution poses to women married under customary law. It answers the question whether the justice system, with its English law-orientated procedures and the tenet of mandatory mediation or reconciliation, offers appropriate and effective mechanisms of resolving marital violence disputes to women married under customary law.
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Watson, Robert. "Addressing predictable irrationality: insights from practice". Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29674.
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The traditional repertoire of techniques available to mediators is well-suited to assisting negotiators in resolving their disputes where those negotiators are acting in a manner approximating axiomatic rational behaviour. These techniques rely on parties acting in this manner and effectively and accurately uncovering, processing and calculating all the necessary information to make decisions in maximising their utility. Behavioural-Economists have made great progress in illustrating that human beings do not follow these axioms when making economic-decisions and have identified a number of ways in which we predictably deviate from that expectation of behaviour. These deviations can have significant effects on negotiations and mediation. This disjuncture between expected and actual behaviour provides us with an opportunity for development of additional techniques which can supplement our existing mediation-tools where appropriate. In their practice, experienced mediators have had to respond to these unexpected behaviours and have developed their own strategies for doing so. This learned-knowledge represents a rich potential source of strategic knowledge. Through a series of interviews, these lessons were distilled and, encompassing a brief theoretical discussion, an overarching strategy for interventions in such circumstances was identified. This paper represents a modest attempt at addressing this disjuncture and it is submitted that further opportunities for development exist.
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Marks, 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.
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Includes bibliographical referencesThe 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.
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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.
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Includes bibliographical referencesThe 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.
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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.
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The title of this dissertation is "The development of concept of arbitrability - an international comparison". In this dissertation I will compare the approach towards arbitrability in Germany, the United States of America and South Africa and how it developed until today. I will further give a brief overview of arbitrability in Europe and Africa. I will start by giving a brief introduction of arbitration and the definitions of objective and subjective arbitrability. In this dissertation I will only compare the development of objective arbitration. For every country I will first discuss the respective provision in the arbitration act and then discuss certain subject matters, which need further considerations. Arbitrability of some subject matters developed in a particular way either in legislation or jurisprudence, which need further explanation and some are handled in a separate statute. The term objective arbitrability describes the capacity of a subject matter to be resolves in arbitration. In former times arbitration was not seen as an appropriate alternative to jurisdiction and often prohibited. This changed over the past decades, which I will outline. In most countries in Europe and in the United States are close to no boundaries of arbitration anymore. African countries still have more restrictions, but also take a more liberal stand. Particular attention is amongst others brought to the following subject matters: intellectual property, antitrust, insolvency, family matters, labour law and consumer protection. In the United States and in South Africa subject matters which concerned public policy or involved public interests, such as antitrust, were restricted from arbitration for longer. This changed when legislators and jurisdiction gained trust in arbitral tribunals and statues and sets of rules for the conduction of arbitration were established. I will conclude that the general development to a greater scope of arbitrability is a welcomed progression. In the conclusion I will discuss the arbitrability of disputes involving public authority, family disputes and consumer and employers. In these areas arbitrability still needs further development.
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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.
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This research examines environmental dispute resolution as applied to Superfund site cleanup and how the use of collaborative dispute resolution approaches, in particular Alternative Dispute Resolution and Community Involvement, are related to a community's socioeconomic and demographic profile. It examines the sociodemographic characteristics of residents living in census tracts containing Superfund sites in relation to the type of dispute resolution technique used. I hypothesize that collaborative dispute resolution techniques, as opposed to traditional settlement and/or litigation, are less likely to occur in Superfund communities with high poverty levels and high minority populations than in those with low poverty levels and low minority populations. Although minority and lower class communities are less likely to be placed on the National Priorities List (NPL), are slower to be cleaned up once on the NPL, and experience lower quality cleanups (O'Neil 2005; Sigman 2001; Omohundro 2004), the findings of this research indicate that the dispute resolution processes studied here do not contribute to such environmental clean up injustices. Minority status and poverty levels do not impact the likelihood that collaborative dispute resolution will be used in settling Superfund disputes. This analysis does show a significant correlation between education and the use of collaborative dispute resolution. Superfund communities in which residents have low educational attainment are less likely to use collaborative dispute resolution. Low educational levels may be the paramount disadvantage to overcome in the use and successful implementation of collaborative dispute resolution.M.A.
Department of Sociology
Sciences
Applied Sociology MA
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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.
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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.
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Thesis (M.A.)--City University of Hong Kong, 2006."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.
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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.
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Thesis (M.A.)--City University of Hong Kong, 2007."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.
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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.
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Alfuraih, Saleh Ibrahim. "E-commerce protocol supporting automated online dispute resolution". Thesis, University of Newcastle Upon Tyne, 2006. http://hdl.handle.net/10443/2132.
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E-commerce now constitutes a significant part of all commercial activity; however the increase in transactions is also leading to more disputes. These disputes are becoming more frequent, more technologically complicated and more difficult in terms of traceability . This thesis focuses specifically on dispute problems related to soft products, i.e. those that are intangible and therefore requiring no physical delivery. With the growing demand for these types of products, e.g. downloadable films, music, software, and prepaid calling time, the prevention of fraudulent transactions is becoming increasingly important. Reasons for the rise in the number of fraudulent transactions include merchants being unable to see the customer to verify an ID or signature and E-commerce enabling soft-products and services to be acquired via soft delivery methods: email, download or logging in. The introductory section provides a critique of current e-commerce fraud detection and prevention techniques and shows that not all are suitable for e-commerce, especially soft-products, and therefore unable to provide complete protection against fraud. The future relating to the detection and prevention of e-commerce fraud is then discussed, leading to suggestions regarding the improvement of the current state-of-the-art technique, the Address Verification Service (AVS), which is used to accommodate the introduction of soft-products. Apart from the exchange process problems, i.e. those involving money and goods, attention is also paid to other important factors such as timing and quality that are usually neglected in these detection and prevention techniques. Dispute scenarios from many different perspectives have been analysed, viz. computer science, business, legal and that of the participants themselves. From the analyses, all possible dispute cases have been formally listed using the 'Truth Table' approach. This analysis has then led to the design of a comprehensive taxonomy framework for dispute in e-commerce. The term Online Dispute Resolution (ODR), is the online technology applied to Alternative Dispute Resolution (ADR) which is resolving disputes other than via litigation in the courts. Current ODR systems and their suitability for the e-commercial world have been examined, concluding that not all are appropriate for e-commerce situations (since most still involve a human element and often make the resolution process more costly than the actual item under dispute). The proposed solution to the problem is by automating the online dispute resolution process. The total solution is described in two parts (i) an E-commerce Transaction Protocol (ETP) forming the infrastructure where the transaction will take place and be able to accommodate any new improvements in the future, and (ii) an Automated Online Dispute Resolution (AODR) system which should automatically resolve any dispute occurring within the proposed e-commerce model. In order for the AODR to resolve any dispute, a product/payment specific plug-in (add-on) has been incorporated into the system. For illustration purposes, credit cards as a payment method has been selected and the appropriate plug-in specification for soft products and credit cards created. The concept of providing every soft product with a quality certificate has also been discussed. A concluding case study of e-commerce in Saudi Arabia has been used to test the viability of both the e-commerce dispute taxonomy and the proposed model. The case study shows the suitability of using ETP with AODR in order to resolve soft-product disputes automatically. Limitations of the work and further research possibilities have then been identified.
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Devahoma-Indongo, Mirjam Nelao. "The dispute prevention and resolution systems in Namibia". University of the Western Cape, 2021. http://hdl.handle.net/11394/8097.
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Magister Legum - LLMThe 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.
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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.
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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.
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Kang, 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.
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Leung, 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.
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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.
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Le sujet de la thèse est la résolution en ligne des litiges (ODR) et l'objectif de la thèse est de proposer un modèle de système ODR basé sur l'expérience du mouvement de résolution des différends. ODR n’est pas un phénomène isolé de ces derniers temps, mais en raison de l'évolution des conflits et la résolution des différends. Initialement, les différends survenus entre les parties à la proximité géographique et pour laquelle les tribunaux traditionnels sont le principal moyen de résolution. Cependant, comme les gens ont commencé à voyager de plus grandes distances et de communiquer de loin, les conflits ont évolué comme ils ont augmenté en nombre, sont devenus frontière plus complexe et de plus en plus transversale. Résolution des différends évolués en règlement des différends parallèle et alternatif (ADR) a été utilisée. Cependant, les conflits ont évolué une fois de plus quand le monde est entré dans l'ère numérique. Non seulement les conflits sont devenus encore plus transfrontalier, mais de nouveaux conflits sont apparus qui proviennent exclusivement dans le cyberespace. Afin de satisfaire aux exigences de l'ère numérique, la résolution des différends fit sortir le concept de l'ODR. ODR est née de la combinaison de l'ADR et de la technologie de l'information et de la communication (TIC) de l'ère numérique. D'autres moyens de règlement des différends ont été transférés dans le monde virtuel et ont donné naissance à la résolution des litiges en ligne. ADR et ODR sont examinés largement, et l'examen comprend leurs concepts, leur origine, les principales formes de négociation, de médiation et d'arbitrage et leurs équivalents en ligne, ainsi que leurs avantages et leurs inconvénients. La thèse illustre l'évolution des conflits et la résolution des différends de l'ère analogique, lorsque la résolution des différends était face à face, à l'ère du numérique, lorsque les différends sont réglés dans le cyberespace. Il démontre que l'ODR est une nécessité de l'ère numérique, mais aussi qu'il a le potentiel pour être un moyen révolutionnaire, efficace et réussi à résoudre les différends; d'une manière qui sera l'avenir de la résolution des différends. Sur la base de l'expérience accumulée par l'examen de l'évolution de la résolution des différends et sur ? Lla base des conclusions tirées, la thèse formule une proposition pour le système ODR. La thèse décrit le système ODR, de son processus en trois étapes et la nécessité de l'arbitrage en ligne, sur le réseau ODR, la régulation du système ODR, l'architecture technologique des fournisseurs ODR, leur financement, ainsi que les mesures nécessaires de la sensibilisation et la confiance afin que ODR remplit son plein potentielThe 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
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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.
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Mante, 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.
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This study undertook a critical examination of developing countries’ experiences of infrastructure-related construction dispute resolution using Ghana as a case study. It investigated the dispute resolution processes and procedures which parties to infrastructure construction disputes employed to address such disputes. To gain a better understanding of the dispute resolution processes, the study also assessed the legal framework for procurement and contract formation and other contextual issues which influenced parties’ dispute resolution choices. Consequently, strategies for efficient and effective dispute resolution were developed. The main rationale for the study was the need for effective and efficient dispute resolution processes in the context of infrastructure projects in developing countries. The literature indicated that disputes often occurred on such projects in developing countries that were resolved at great cost mainly by arbitral tribunals in the developed world. However, there was limited information on the extent to which other dispute resolution mechanisms were utilised prior to resort to international arbitration. The study adopted a qualitative research approach informed by the interpretivist philosophical paradigm. Data was collected from fifty-six interviewees from the State as the Employer and foreign contractors through semi-structured interviews and documents and analysed using qualitative data analysis procedures associated with grounded theory research such as coding, constant comparison, memoing and diagramming, and doctrinal legal analysis. It was found that engineer’s determination, negotiation and international arbitration were the most used dispute resolution mechanisms. Others such as mediation were rarely used. The dispute resolution processes were characterised by high cost, low satisfaction with outcomes and negative effect on relationships. It was also found that the extant dispute resolution processes were the product of the nature of the parties, the context in which they operated and their responses to the context. Factors such as lack of coordination among the Employer’s sub-units, human resource constraints and political interference had varying negative impacts on dispute occurrence, dispute resolution system design and the dispute resolution processes. To deal with these challenges and achieve efficient and effective dispute resolution processes, four sets of remedial strategies (condensed into a model called the Dispute Resolution Efficiency Cycle (DREC)) were proposed. The study has provided empirical evidence which has addressed some of the gaps identified in the literature on issues such as absence of information on pre-international arbitration dispute processes. The study has also highlighted the impact of context and dispute system design on dispute resolution. Contributions to practice included diagnosing challenges with the extant dispute resolution processes and proposing possible remedial strategies.
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Roth, 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.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.Bachelors
Sciences
Political Science
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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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The settlement of petroleum expropriation disputes has been a challenging issue in the petroleum industry since the earliest cases. The issue, principally, relates to foreign investors' right to investment protection and the sovereign right of states, the clash of which causes such disputes. Striking a balance between these conflicting rights in order to save the disputants' relationship is a critical concern given the interdependent relationship of disputants which manifests itself in a cyclical manner. This in turn highlights the importance of finding a suitable dispute resolution method to reach the most appropriate and balanced resolution from both parties' viewpoint. Impartiality is, in this context, a key element when determining the most suitable method for resolving expropriation disputes. This is so considering that the reason for the abandonment of diplomatic protection and litigation as methods for resolving expropriation disputes was concerns over their partiality towards one of the disputants. Currently, with the proliferation of investment treaties, treaty-based arbitration has become the most popular method for resolving such disputes. However, the suitability of treaty-based arbitration is criticised as a process which is likely to be partial in favour of investors and their investment protection rights. Such a partiality is likely to be found in treaty-based arbitration's origin, substance and procedural aspects. Therefore, it can be argued that there is room for mediation as an alternative dispute resolution method to be adopted and supplemented arbitration for settlement of petroleum expropriation disputes. In fact, mediation enjoys various qualities which makes it especially attractive for such disputes, including its time and cost efficiency, its ability to explore win-win settlement options and to save the disputing parties' relationship, and the flexibility and collaborative nature of the process. More importantly, its self-determination principle is a feature which guarantees the impartiality of mediation. However, mediation, like other dispute resolution methods, is not without its disadvantages. It faces challenges with regard to its voluntary and non-binding nature, confidentiality, its inability to deal with the political overtones of petroleum expropriation disputes, its retarding effect on jurisprudence development and disputants' lack of familiarity with the process. Nonetheless, having proposed some solutions to these shortcomings, this thesis concludes that mediation should be used and encouraged more systematically for resolving petroleum expropriation disputes.