O presente trabalho apresenta uma discussão a respeito da pertinência da institucionalização da mediação, do ponto de vista de uma política pública que visa a promoção de uma mentalidade voltada para a \"cultura da paz\". Neste eixo, cuida de pontuar o que é paz e cultura de paz, bem como propõe uma desconstrução de paz na filosofia e nas expressões simbólicas do termo, nas diversas tradições. Também analisa algumas falas referentes à mediação e a hábitos de litigiosidade brasileira, para relativizar a construção teórica de que, necessariamente, a mediação é o meio alternativo de conflito que expressa uma cultura de paz e uma postura emancipatória de uma sociedade. A crise de Justiça é frequentemente apontada pela doutrina como ponto de partida para uma política pública de implantação de alternativas para o processo e para a sentença. Por isso, para as discussões propostas, analisa-se também alguns dados estatísticos referentes à crise de administração de Justiça, para compreender suas características, tais como quais setores ou instâncias são mais demandados no Poder Judiciário, quais setores apresentam maior estoque de processos, qual o tamanho da máquina Judiciária para enfrentar este estoque, quais assuntos mais demandados e quais a população tem maior predisposição a demandar. Estes dados são úteis e relevantes, na medida em que, se o trabalho argumenta que o formato do sistema de soluções de conflitos se relaciona com o arcabouço político e cultural, então estes dados permitem uma leitura da máquina judiciária a partir do cenário brasileiro. / This paper presents a discussion about the relevance of the institutionalization of mediation, from the perspective of public policy aimed at the promotion of a mindset focused on \"culture of peace\". From this point of view, it aims to settle what is peace and a culture of peace, as well as proposes a deconstruction of peace in philosophy and in the symbolic expressions of the word, as translated in other cultural traditions. It also analyzes a few speeches related to mediation and Brazilian litigation habits, to relativize the theoretical construction in which mediation necessarily means a method related to a culture of peace and expresses an emancipatory stance of a society. Scholars often point out the crisis of Justice as a starting point for a public policy of deploying alternatives to the process and for the sentence. So, for the present discussion, this paper will analyze some statistical data relating to the administration of Justice, in order to understand its features, such as, which sectors or instances in Judiciary are more demanded, which sectors feature largest inventory of processes, how the judiciary system is approaching this number of processes, what are the subjects that society demands more, and where the population has a greater predisposition to demand. These data are useful and relevant because if the work argues that the engineering of the system relates to the political and cultural framework, so these data enable a reading of the judicial machine from the Brazilian scenario.

Submitted by JOSIANE SANTOS DE OLIVEIRA (josianeso) on 2018-05-08T16:50:46Z No. of bitstreams: 1 Arthur Müller Fiedler_.pdf: 22598610 bytes, checksum: 11acf1db9e40cbe9e9ee1f83f9d058bc (MD5) / Made available in DSpace on 2018-05-08T16:50:46Z (GMT). No. of bitstreams: 1 Arthur Müller Fiedler_.pdf: 22598610 bytes, checksum: 11acf1db9e40cbe9e9ee1f83f9d058bc (MD5) Previous issue date: 2018-04-18 / Nenhuma / A convenção de cláusulas arbitrais escalonadas permite arranjar contratualmente os diferentes métodos adequados de solução de conflitos (ADR) com o objetivo de resolver os mais diversos tipos de disputas empresariais no âmbito nacional e internacional. Este estudo tem por objetivo identificar se a convenção de cláusulas arbitrais escalonadas em instrumentos contratuais é eficiente para a solução de conflitos empresariais no Brasil. Para tanto, recorreu-se a revisão bibliográfica e identificou-se que o tema permite um estudo de caráter exploratório, a fim de investigar a percepção de eficiência do instituto no âmbito das câmaras de mediação e arbitragem brasileiras. Dessa forma, foram aplicados questionários com presidentes, diretores e gerentes jurídicos de 18 (dezoito) câmaras de mediação e arbitragem, dentre às quais, 8 (oito) das câmaras mais relevantes do Brasil, o que possibilitou a coleta de dados e a análise do conteúdo. A pesquisa contribui com diversos elementos de análise da eficiência das cláusulas arbitrais escalonadas, contudo, para o presente trabalho, foram definidos alguns critérios, como frequência e volume, vantagens, desvantagens, motivos e razões de utilização ou não pelas empresas, aplicações práticas por tipo de conflito e, por fim, eficiência para a solução de disputas. Os resultados da pesquisa oferecem elementos conclusivos de que a convenção de cláusulas arbitrais escalonadas em instrumentos contratuais trata-se de uma ferramenta em pleno crescimento e desenvolvimento, ágil e frequentemente eficiente na solução de diversos tipos de conflitos empresariais no Brasil. / The dispute resolution clause allows contractual arrangements to be made for the different alternative methods of dispute resolution (ADR) in order to solve the most diverse types of business disputes in the national and international scope. The purpose of this study is to identify whether the dispute resolution clauses in contractual instruments are effective for resolving corporate disputes in Brazil. To do so, we resorted to the bibliographic review and it was identified that the theme allows an exploratory study, in order to investigate the perception of efficiency of the institute within the Brazilian mediation and arbitration chambers. Thus, questionnaires were administered to presidents, directors and managers of 18 mediation and arbitration chambers, including 8 of the most relevant chambers in Brazil, which enabled data collection and content analysis. The research contributes with several elements of analysis of the efficiency of dispute resolution clauses, however, for the present work, some criteria were defined, such as frequency and volume, advantages, disadvantages, reasons of use or not by companies, practical applications by type of conflict and, ultimately, efficiency in general. The results of the research offer conclusive evidence that the agreement of dispute resolution clause in contractual instruments is a fast growing and agile and often efficient tool for solving various types of business conflicts in Brazil.

The transport of dangerous goods is one of the most complicated kinds of transportation. Dangerous goods have characteristics that can be hazardous for people, properties and environment. That is why the dangerous shipment have to be transported according to the special rules. The ADR agreement heads towards the unification of those rules between all contracting parties and it also contributes to the elimination or reduction of accidents.

This thesis revers to the Legal relations in transport of people and goods. The introducy chapters are described types of transports. The major part of this text is dedicated to the international and inland treaties. In the practical part of this thesis directs its attention at clarifying essential parts of Agreement ADR and shows the application of Agreement ADR.In the closing part the autor indicates the necessity for a collaborative development of contracting states in Agreement ADR.

As the climate issue has affected most vehicle manufacturers, the number of electric cars in the world has increased in recent years. Scania's goal is that by 2030, 50 % of all their trucks sold in Europe will be powered by electricity. There are currently legal requirements for how transportation of batteries by road is allowed, depending on if the batteries are damaged, defective or prototype batteries. Scania currently has a method to transport these batteries. The working method consists of a safety box that is filled with the packing material Pyrobubbles in which the batteries are placed. However, Scania wants a better understanding of the function of Pyrobubbles, the safety box and its advantages and disadvantages, as well as whether there are better solutions. The work therefore intends to sort out these issues. In addition to reviewing the thermal properties of the materials, the work has been carried out from a SHE perspective on Scania’s request. This means that safety, health and the environment are taken into account. A literature study was conducted to investigate which alternative packaging materials were available as option to Pyrobubbles, as well as other manufacturers that are available for the safety box. Seven different packaging materials have been examined in the report, these are; absol, sorbix, vermiculite, sand, Pyrobubbles, glass- and stone wool. Two experimental studies were performed to investigate the properties of packing materials. All materials were tested in the cone calorimeter as three different experimental setups; dry, damp and inside a rust protection bag. Two full-scale experiments were also carried out where Pyrobubbles and rockwool were tested as packing material. In addition, a bow tie was created regarding the handling of packing material and an investigation of the ergonomics was conducted. The rust protection bag that is currently used at Scania to facilitate the packaging of Pyrobubbles contributes to unwanted heat release. The lowest heat release and best insulation capacity were measured for the sand. However, the sand is unmanageable to work with as it has a high density and contains carcinogenic particles. Rockwool is considered a good alternative to Pyrobubbles, which partly facilitates the work situation for employees and is also more accessible than Pyrobubbles. In order for rockwool to be accepted as a packing material, a certification of packing material and safety box must be done together, which applies to all new solutions. Keywords: Pyrobubbles, Lithium-ion battery, battery safety, ADR-S

The justice system in the east-African country Kenya has long been subject to severe corruption and lengthy bureaucracy.  Both historical and current injustices have been left unattended and unaddressed, obstructing community resilience. This has lead to the development of alternative dispute resolution (ADR) mechanisms that often build on traditional practices. In this study the ADR of restorative justice is examined. The study seeks to explore the relationship between the informal practice of restorative justice and the social dimensions of community resilience in the rural communities of Nakuru County in western Kenya. By merging questions on the practice of restorative justice with indicators of community resilience the study has found that the informal practice of restorative justice indeed has links to the shaping of community resilience. The practice has enabled dialogue between different ethnic groups. This has facilitated reconciliation and healing of trauma partly because new narratives have formed and partly because the culture of silence has been broken allowing people to share testimonies of violence and conflict. The study has also informed the community resilience field on the importance for collectivistic communities to have historical and ancestral events honoured, shared and addressed in order to fully enable conditions under which community resilience can form. However the practice shows ambiguous tendencies when it comes to inclusion of all members of society as community elders’ possesses a lot of power over the process, partially restricting community resilience to form.

The submitted thesis describes mediation in civil matters - settlement solution carried out of court - under legislation newly enacted in Czech Republic. After years without concrete legal regulation the lawmakers were forced by the European Union legislation represented by the Directive 2008/52/EC on mediation to respond with special national legislation. Adoption of the Act no. 202/2012 Coll. (Mediation Act) brought a substantial development in this area of Czech legal environment. The author focuses on analysis of the process of mediation and how the legislation is reflected in its individual elements. The work consists of four related chapters. The first chapter describes mediation as one of out-of-court settlement methods, principles of which have been applied thorough history but which has been going through its renaissance in the last decades. The second chapter contains analysis of mediation process, its types and suitability of their use. Here the author describes psychological elements which affect the course of the mediation and their impact on the whole process. The subsequent chapters are crucial for the aim of the work. The third one analyses the former and mainly the recent regulation relating to mediation in civil matters and certain essential institutes that are affected by the new...

The purpose of this study is to examine the use of ERP and outputs by six decision-makers in one SME manufacturing organization and provide artifacts targeted to improve their pricing decisions. Through elaborated action design research, we collect data to diagnosis decision-makers concerns and identify decision making biases and errors. Using insights and collaboration, we design, implement and evaluate seven artifacts targeted to minimize four biases identified – overconfidence bias, optimistic bias, planning fallacy and representativeness. The data collected during the diagnosis phase reveals that concerns fell into three primary themes: data, human interfaces, and cognitive bias. The seven combined artifacts implemented have a positive impact minimizing bias in this organization. This research reveals how artifacts such as policies, procedures, processes, reports and system modules help SME decision-makers mitigate cognitive biases and errors. Additionally, this study confirms that the eADR process can be an effective means of implementing incremental changes, evaluating impacts and increasing engagement in this environment. Limitations of this study include concurrent introduction of artifacts, single SME organization and embedded nature of the researcher.

Detta examensarbete går ut på att undersöka huruvida filmtittares upplevelser påverkas av inadekvat efterklangspålägg inom eftersynkronisering av dialog till film. Hur efterklangspålägget passar till filmen anses bestämmas mycket utav hur bildens perspektiv och miljön runt omkring illustreras. En lyssningsundersökning utfördes med två olika videoexempel som undersökningsdeltagarna fick se och sedan svara på frågor relaterade till dessa. Målet var att få in motiveringar till svaren för att få en grundligare bild av deltagarnas upplevelse av efterklangen. Detta lyckades och dessa kommentarer gav underlag för diskussion. Av resultaten att döma upplevde deltagarna att efterklangen inte stämde vidare överens med bildens perspektiv och miljö. Detta hade mycket att göra med att efterklangen var aningen för torr i sin karaktär för att kännas naturlig.

In the light of the nature of the construction industry and the fact that it is often burdened with disputes arising from the contract, appropriate and unique alternative dispute resolution procedures are indispensable for disputes to be resolved quickly, efficiently and effectively. Section 34 of the Constitution of the Republic of South Africa, 1996 provides for the right to have disputes resolved by means of a public hearing before a court, alternatively, where appropriate, by means of an independent, impartial forum. Arbitration, mediation, conciliation and adjudication, to name but a few, are alternative methods used in resolving South African construction disputes. Some of these alternative dispute resolution (ADR) methods are provided for in the Construction Industry Development Board recommended standard contracts. This study entails an analysis of the ADR methods in construction agreements with specific reference to the General Conditions of Contract for Construction Works 2010 (GCC 2010) and a comparison thereof with the English position. The application of the recommended ADR methods in the South African construction industry, especially adjudication, faces many challenges. There is no certainty as to the definition nor the procedure to be followed in the use thereof. The study concluded that there is a definite need for the contract to be reviewed, in particular the dispute resolution clause. The introduction of on- line dispute resolution was also recommended. This will contribute towards efficient, effective and expedient dispute resolution that is required due to the nature and role of the construction industry in a country‟s economy. There is also a definite need for legislation to be implemented which will assist in clarifying as well as regulating the adjudication procedure as used in the South African construction industry. / Thesis (LLM)--North-West University, Potchefstroom Campus, 2013