Dispute Resolution Mechanism

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Texas Advance Directives Act: Nearly a Model Dispute Resolution Mechanism for Intractable Medical Futility Conflicts

Texas Advance Directives Act: Nearly a Model Dispute Resolution Mechanism for Intractable Medical Futility Conflicts

The most recent available data suggest that hospitals rarely use TADA. The Texas Hospital Association (‘THA’) surveyed its members in 2010, 2011, and 2012. THA reports that in 2009, the TADA dispute resolution process was initiated just two times at two multi-hospital systems. In 2010, the TADA process was initiated only one time at one hospital system. In 2011, usage ticked up. The THA survey shows that TADA was used 21 times by 16 hospitals or hospital systems. 150 In 2012, the Texas Hospital Association again surveyed its member hospitals. The 202 respondents reported that TADA had been used 30 times between 2007 and 2012. Of those cases, ten patients died during the ten day period, six patients were transferred to another provider, and four continued treatment past the 10-day period. Extrapolating from this sample of one-third of Texas hospitals, one might estimate that TADA is used 15 times per year statewide. And one can estimate that treatment is actually withdrawn only five times per year. 151

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PARADIGM SHIFT IN DISPUTE RESOLUTION MECHANISM IN COMPANIES ACT 2013

PARADIGM SHIFT IN DISPUTE RESOLUTION MECHANISM IN COMPANIES ACT 2013

Dispute means disparity in belief or opinion. In a greatly competitive market place occurrence of dispute is highly probable. Sustained dispute resolution is not only costly but also corrodes status of the company, which resembles a critical constituent in competition-driven integrated market. 3 Under the Companies Act 1956, corporate law matters were dealt by numerous judicial/ quasi-judicial forums like District Court, High Court, BIFR and Company Law Board. This results in time-consuming litigation. With a view to streamline the process and also put in place a single forum with subject matter experts, it is now proposed under the Companies Act 2013, that all corporate law matters would be administered through NCLT and NCALT, which shall be granted requisite powers for speedy and efficient decisionmaking.Time taken to settle litigation in India has always been a key concern.

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Impact of Alternative Dispute Resolution Mechanism for reducing pending cases

Impact of Alternative Dispute Resolution Mechanism for reducing pending cases

The Hindu Marriage Act, 1955 gives, inter alia, for compensation of marital rights, legal detachment, and separation. In any case, before allowing any alleviation under the Hindu Marriage Act, the Court is compelled by a sense of honour to make each try to achieve a compromise among the parties. The Court is qualified to take the help of the outsider to bring an out compromise. The facts confirm that in such issues, the motivation behind compromise is to unite the disputants as opposed to make them isolated, however, in situations where division is unavoidable, through a procedure of intervention, the parties can be made to accommodate to the inescapable. The Family Courts Act, 1984 is expected to "advance appeasement in and secure fast settlement of conflicts identifying with marriage and family issues and for issues associated therewith". In every single such case, the essential goal is to protect the foundation of marriage and to advance the welfare of youngsters through the settlement of conflicts by appeasement and advice. Just because, the law accommodates judges to take the help of experts, advocates, therapeutic specialists, and NGOs. In an extreme flight, parties are not qualified for taking, starting at the right, and the help of legal counsellors. This resolution perceives that wedding debates can and ought to be genially settled through assuagement and intervention.

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Dimensions of the New Belt & Road International Order: An Analysis of the Emerging Legal Norms and a Conceptionalisation of the Regulation of Disputes

Dimensions of the New Belt & Road International Order: An Analysis of the Emerging Legal Norms and a Conceptionalisation of the Regulation of Disputes

This is not the end. It is not even the beginning of the end. But it is, perhaps, a beginning. Ever since it was put forward for the first time in 2013, the BRI has attracted attention all over the world. What the Initiative would like to achieve is more than a free trade area, but less than a common market. Through providing an open, inclusive and balanced investment and trade cooperation platform, the BRI aims to achieve a community of common destiny. During the construction process, investment, commercial or trade disputes between individuals, under- takings, institutes, authorities and countries cannot be avoided. However, there is no simple dispute resolution mechanism that could efficiently resolve the above-mentioned conflicts. On the basis of existing well-established mechan- isms, we argued that a permanent, institutionalized and comprehensive dispute resolution system could be set up, affiliated with the AIIB, well geared to resolve a variety of conflicts. Nevertheless, due to the particular political and social en- vironments in some B&R countries, a flexible method could be turned to. We specifically proposed the establishment of consultation as the pre-condition for initiating a case before the institute. Among the range of possible methods to regulate disputes, mediation was recommended as presenting critical advantages in the context of the BRI and the B&R countries—with their tremendous diver- sity, their sensitivities and their peculiar political and legal complexities. When considering that China will remain the driver and engine of the BRI, nothing could contribute more to the traditional perception of Chinese “harmony” than smart, fair and efficient negotiation mechanisms based on a solid mediation platform. This will allow for the efficient resolution of disputes that arise along the belt, and will not jeopardize the long and promising road ahead.

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Application Of Conflict Management Methods Among Couples In Nigeria: Alternative Dispute Resolution Approach

Application Of Conflict Management Methods Among Couples In Nigeria: Alternative Dispute Resolution Approach

Many disputes have been settled recently through the resort to ADR and the fact is not in doubt that Alternative Dispute Resolution Mechanism (ADRM) is fast becoming the best method not only as a complementary or alternative mechanism to litigation but also as the best strategic method of resolving certain private disputes which matrimonial causes is first. The dispensation of justice in Nigeria today is plagued with delay such that the various courts are inundated with cases which last for several years before they can be determined by courts. Long adjournments, cumbersome and rigorous procedure, difficult and ambiguous rules of evidence and other several artificial obstacles are largely responsible for the delay which has so much haunted the dispensation of justice system for so long. The effects of the foregoing scenario are that litigants are often frustrated; suspects are detained for years without formal suspects who ought to be tried and punished for offences committed by them to escape without punishments. Cost of litigation has soared and with the excruciating effect of inflationary trend on the economy, many litigants can no longer pursue ligation cases (Ogundayisi, 1995).

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The viability of applying alternative dispute resolution processes in the Niger Delta conflict

The viability of applying alternative dispute resolution processes in the Niger Delta conflict

Furthermore, ADR provides an opportunity to resolve disputes creatively and effectively, using the process that best handles a particular dispute. It is useful for resolving many disputes that never get to court and can potentially be applied in settling 90 to 95 percent of cases that are filed in court today (Aina 2003). Even where there are no delays in litigation, ADR is a necessary component of justice delivery. This is in the light of the fact that not all disputes seek to establish legal right and wrong; most disputes are interest-based and as a result will be resolved only when there is mutual satisfaction of the interests of the parties involved. In relation to this research, we shall look at the different ADR processes to enable us to see which of these will serve as the viable model(s) for the Niger Delta conflict. The processes explored may not have practical application in the western/modern sense but as it applies to an indigenous setting. This is because, as discussed in this research, with the Niger Delta’s potential as the hub of a diversified national energy industrial sector (based on its vast crude oil/gas reserves and production infrastructure) as well as its agricultural endowments, an equitable dispute resolution mechanism, in the form of a hybrid as discussed in chapter eight is imperative.

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Law in other contexts: stand bravely brothers! a report from the law wars

Law in other contexts: stand bravely brothers! a report from the law wars

circuit of debts denies the accumulation of goods and disallows potency to found itself on such accumulation. 22 Equality is here that of not being able to accumulate, of not having. Disputes are thus defined, narrowly, as a take over without any obligation for return. 23 ‘There is conflict because the victim has been denied his exchange capacity for giving or deploying potency (on the basis of the item that has been “taken” from her. The agonistic exchange context thus finds itself overturned’. 24 Injustice takes the form of a proposition such as ‘He has accumulated to the detriment of my potency or honour’, that is, to the detriment of my possibility to take part in the agonistic exchange that would allow me to control processes or change everyday life by means of the law. It must be remembered that ‘law’, in the sense it is being used here, is that normativity which opens up a space for the social expression of forces or the indetermination of behaviour (that Malinowski described as second group of norms or ‘civil law’). 25 Thus ‘law’ here is the exact opposite of pacification; protojudiciary dispute processes correspond to a sort of agonistic ceremony that re- establishes the circulation of power in the specified bodies of individuals, against its abstract singularisation in a (single) body. Justice is ‘first of all the right to singular potencies’, 26 and thus it is universal in respect to the social relation: ‘If justice recreates social links with the same solidity (or the same fragility) that they had before the conflict, is this not because it puts into action originary mechanisms of the general social relation?’ 27 If justice is the right to ‘singular potencies’, and such potencies can be freely expressed only in the social space of conflict or dispute, exchanges and debt

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Dispute Avoidance and Resolution (literature review)

Dispute Avoidance and Resolution (literature review)

There is a general worldwide acceptance that the severity of disputation is higher in the construction industry than in other major sectors of the economy. There is also widespread recognition that because of the high incidence of disputes, the industry is an accepted leader in the development of dispute resolution systems and processes. Australia is seen to be at the forefront dispute resolution techniques. It is a mute point as to whether being a leader in the resolution of disputes deserves praise or opprobrium. Not withstanding, the cost to the economy of construction industry disputes is considerable. Unfortunately there are few, if any, comprehensive studies on the costs of construction industry disputes that are applicable to Australia. The cost of disputes can be categorised into direct costs (such as fees and expenses paid to lawyers, accountants, claims consultants, and other experts), indirect costs (such as salaries and associated overheads of in-house lawyers, company managers, and other employees who have to assemble the facts, serve as witnesses and otherwise process the dispute) and (to the extent that they can be measured) hidden costs (such as the inefficiencies, delays, loss of quality that disputes cause to the construction process itself, and the cost of strained business relations between the contracting parties). Estimating the cost of disputes in the Australian construction sector should be possible by using existing data bases to collate data on direct costs and indirect costs together with the distillation of expert opinion to obtain indicative hidden costs. To date however, no one has undertaken this exercise. Hence the magnitude of the costs of disputes in Australia can only be made by inference to studies conducted overseas, in particular the U.S.

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RESOLVING    AND MANAGING CONFLICTS WITHOUT AGGRESSION IN INTERNATIONAL POLITICS BELLO, Adesina Temitayo (PhD)

RESOLVING AND MANAGING CONFLICTS WITHOUT AGGRESSION IN INTERNATIONAL POLITICS BELLO, Adesina Temitayo (PhD)

The distributive approach otherwise known as the competitive or win-lose approach is a negotiation strategy which brings about a zero-sum outcome. Parties in dispute assume that there is enough to go around, hence one party must win at the expense of another party. A fixed pie is used to illustrate the issue in dispute, thus where a party gets more pie, he is termed as the winner while the other party having little or no pie becomes the losing party. The use of this strategy has brings about hard bargaining, strain relationship between parties who still have tendencies of working together in the future etc. However, it has being contested that distributive bargaining is important because there are some disputes that cannot be solved in any other way as they are inherently zero-sum 19 . For example, if budgets in a government agency must be cut 30%, and people’s jobs are at stake, a decision about what to cut is likely to be very difficult. If the cuts are small enough that the impact on employees will be minor, however, such distributive decisions can be made more easily 20 .

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Alternative Dispute Resolution: A Critical Reconsideration

Alternative Dispute Resolution: A Critical Reconsideration

Creating procedural rules that are both equitable and accessible is a vital task. But if our system of civil procedure is to offer a fair and just forum for the resolution of disputes, we will need to pay attention to the rise of deformalization among many shifts that favor well-heeled actors at the expense of the less powerful. This, in turn, will require attention to resurging inequality and the many measures that its defenders are putting into place, not merely in procedural law but across the board.

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A case for coaching: influencing cultural change at the ATO

A case for coaching: influencing cultural change at the ATO

Claire is the Director and lecturer in the Master of Conflict Management and Resolution Program at James Cook University. Her research interests include mediation and conflict resolution processes, interfaith dialogue, coaching and capacity building, and wellbeing in the law. She is a practicing Nationally Accredited Mediator under the Australian Standards (NMAS) with the Queensland Dispute Resolution Branch, and a certified conflict coach with Conflict Coaching International (CCI).

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Dispute resolution institutions and strategic militarization

Dispute resolution institutions and strategic militarization

Given this insight, it is natural to ask whether all con‡ict resolution institutions su¤er from these same drawbacks. We …nd that this is not the case, in our model. We identify a type of third-party intermediation inspired by the work of Myerson (1979, 1982), and called ‘Myerson mediation’here, that improves the chances of peace-brokering in ongoing disputes more e¤ectively than un-mediated peace talks, and also reduces equilibrium militarization. Importantly, this is despite the fact that the mediator’s mandate cannot realistically in- clude the objective of preventing militarization; the players’militarization decisions have already taken place when the mediator is called in to deal with the ongoing dispute and so controlling this incentive must be viewed as beyond her mandate or concern.

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Analyzing Performance of Dispute Resolution Council

Analyzing Performance of Dispute Resolution Council

In according to issues above mentioned, main aim of this research was investigating satisfaction of people from dispute resolution counsel of Torbat- Heydarieh. In according to first hypothesis 79% of clienteles were not satisfied about behavior of clerks and members of dispute resolution council in Torbat-Heydarieh. Therefore, it is recommended that more pay attention to choose better clerks and members based on their experience and their knowledge.

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Dispute Resolution in Construction Industry

Dispute Resolution in Construction Industry

Dispute over contract usually develop in one of two ways either the agreement may be so inaccurately made or sharply drawn as to prelude a true meeting of minds of the parties or one of them may become sick of his bargain and attempt to renege by seeking a loopholes in the contract. Even though an engineer takes all the precautions everything cannot be estimated accurately or the natural calamities cannot be stopped and hence changes in actual work are unavoidable. Everything cannot be documented and all contracts are not 100% accurate there may be any type of loophole so both parties should understand the contract correctly before they sign contract document.

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Protection of International Investment ? The Study of Establishing Appellate Mechanisms in International Investment Arbitration

Protection of International Investment ? The Study of Establishing Appellate Mechanisms in International Investment Arbitration

Tribunals of investment arbitrations have frequently rendered contradictory awards. This scenario have raised concern about the necessity of establishing appellate mechanisms to harmonize the situation so as to achieve a consistent and coherent result facilitating predictability and consistency in international investment. However, some practitioners and authors, mostly representing the interests of developing countries, objected to such mechanisms for various reasons such as contravening the principle of finality as well as political reality. This study concludes that an appellate mechanism should be incorporated into the current international investment arbitration dispute resolution system and proposed to create a stand- alone appeals facility for reviewing investor-state disputes to promote a cohesive and consistent body of law.

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Dispute resolution in the workplace

Dispute resolution in the workplace

For many readers, their argument made enormous sense. Organizations have an impressive capacity to generate and nurture conflicts and enmity. Anyone who has worked within large organizations knows firsthand how disputes and rivalries among peers, and complaints against management, can consume significant amounts of time and energy, undermine morale, increase stress, detract from mission, and generally render an organization dysfunctional. Ironically, the formal procedures in place for addressing conflict often make matters worse. Most organizations’ complaint or grievance mechanisms are distrusted by the very people encouraged or required to use them. Generally, formal procedures are excruciatingly slow and debilitating for those who use them. Often parties to a formal grievance or complaint procedure must continue to interact and work together even while they are set against each other, awaiting a decision on their dispute. Equally important, because many organizations have no mechanisms for addressing issues for which there are not and cannot be formal rules or regulations, people often have to squeeze their dissatisfactions into the formats required by formal processes just to voice their dissatisfaction. For example, in many federal workplaces employees routinely use the Equal Employment Opportunity (EEO) complaint procedure to address issues not even experienced as discrimination, simply because that is a way to get the complaint heard. Interestingly, some federal agencies adapted to this phenomenon by incorporating mediation programs into the EEO process. Originally REDRESS – the postal service’s mediation program – only allowed employees to get to mediation by formulating their concern as an EEO complaint even if the issues had nothing to do with discrimination.

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Dispute System Design and Bias in Dispute Resolution

Dispute System Design and Bias in Dispute Resolution

bureaucracy plays in serving the public, particularly in a democracy. Does representative bureaucracy theory suggest another way to consider bias in ADR generally, and mediation specifically, as informal dispute resolu- tion? In the USPS REDRESS Program, mediators are independent con- tractors; the USPS hires and pays them for individual cases once they are on the REDRESS roster. In this capacity, while not public employees like administrative law judges who mediate as settlement judges, they never- theless serve an analogous function. Because the USPS is a federal organ- ization, it handles the informal complaint and conciliation stages of Title VII in house; formal complaints go to the EEOC. Mediators serve a pub- lic role; the diversity of the profession is a public policy issue that receives continuing attention. This section briefly reviews representative bureau- cracy and its relationship to selected legal scholarship on diversity in the mediator and arbitrator professions.

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AN EMPIRICAL STUDY ON THE EFFECTIVENESS OF CIDA FORM OF CONSTRUCTION ADJUDICATION; DISPUTANTS’ PERSPECTIVE

AN EMPIRICAL STUDY ON THE EFFECTIVENESS OF CIDA FORM OF CONSTRUCTION ADJUDICATION; DISPUTANTS’ PERSPECTIVE

The literature reveals that adjudication is no longer new in Sri Lanka. In anticipation of a better performance of adjudication in Sri Lanka, the aims cited in the adjudication guideline must be revisited. However, the public sector has not been tapped into the advantages of this mechanism. There are sufficient adjudication provisions in the forms of contracts capable of mitigating disputes among the public sector contracting parties. The contractors and employers have to address its own experience and confront its limitations if it really needs to exploit the potential of adjudication. The study adds to the body of knowledge by creating an insight into the potential of adjudication in resolving disputes among public sector contracting parties in Sri Lanka. The study also alerts the industry to give adequate consideration to factors that can promote more effective usage of adjudication provisions. In line with the plan to introduce statutory adjudication in Sri Lanka, the CIDA has a pivotal role. Adjudication regulations must be gazetted for public comments. Once enacted, adjudication would carry legal enforcement within the Sri Lankan construction industry. However, the potential inherent in the process of statutory adjudication would only be realized if the constraining factors to its effective usage are recognized and appropriate application measures are put in place. The findings of the questionnaire survey indicate that many of the criticisms within the literature review are not ill-founded. For example, a majority of respondents contended that the adjudication is disadvantaged by not adhering to directives given in the adjudication guideline. Although the results were somewhat inconclusive regarding the suitability of adjudication for complex, technical disputes the results of the above statements would suggest that it is suitable for these types of disputes. However the majority of respondents agreed with a major criticism, that it requires ethical inclination too.

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Raimundas Moisejevas, The Damages Directive and Consensual Approach to Antitrust Enforcement

Raimundas Moisejevas, The Damages Directive and Consensual Approach to Antitrust Enforcement

The main objective of this article is to analyze the novelties that the Damages Directive has brought about in the field of consensual settlement of private enforcement cases. The author does not attempt to thoroughly analyse all aspects of mediation and arbitration, or to present a comprehensive comparative study of ADR in private enforcement. The main goal of this article is to provide the reader with an analysis of the main features of the Damages Directive as far as it deals with consensual dispute settlement. The above-defined objective is pursued by scrutinising: the provisions of the Directive itself; certain relevant documents of EU Member States; EU case law; as well as the decisions of the Lithuanian Competition Council and the jurisprudence of Lithuanian administrative courts. It must be said, however, that as it has not been long since the Damages Directive was actually signed into law (end of 2014), there is very little relevant literature on the subject matter of this article. Moreover, there is practically no relevant case law or literature in Lithuania, which could help provide a comprehensive analysis on consensual dispute settlement in competition law. This article is likely to be one of the first Lithuanian papers devoted to such topic. The subject matter of the research of this article was analysed with the help of a logical, systematic analysis and comparative and linguistic research methods.

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An Evaluation of the use of ADR in the Nigerian Public Construction Project Disputes

An Evaluation of the use of ADR in the Nigerian Public Construction Project Disputes

that could prevent the realisation of this goal. The main objective of any dispute-resolution mechanism according to [35] therefore is to ensure that the duties under the contract are fulfilled and to provide compensation for any breaches of these duties. Taylor and Carn [36]’s research indicates that construction disputes must be resolved as quickly as possible to preserve professional relationships and the perpetuity of the commercial construction business. However, in the opinion of [37], dispute prevention is always better than dispute resolution. Cheung et al [38] also posit that it is practical to prevent aggravation of the negative impacts on project performance, and to manage the dispute proactively and aim for early settlement. In this way, the parties will be able to prevent claims and conflict from escalating to disputes. Although dispute resolution is supported by many researchers, it is desirable to be prevented and effected in the early days of the claims in other to save time and cost. The work can then progress while the parties may seek further resolution in cases where total and final resolution has not been achieved. Dispute resolution techniques have been seen by many researchers as a spectrum ranging from the most informal negotiations between the parties themselves, through increasing formality and more directive intervention from external sources, to a full court hearing with strict rules of procedure (Office of government Commerce, 2002 cited in [39]). These procedures include negotiation, mediation, conciliation, neutral evaluation, expert determination, adjudication, arbitration and litigation. Arbitration and litigation however, appear to be the oldest forms of dispute resolution techniques. Carmichael (2002 cited in [40]) suggested that the step of approaches to disputes resolution should be as follows:

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