The exclusion of arbitration from the scope of application of the Brussels Regime on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters in the EU has a long history and is still subject to controversy. After some introductory explanations of the legal framework and relevant principles in the field of law, this minor dissertation examines chronologically all possible involvements of national courts in arbitral proceedings in order to give an overview of the (in-) applicability of the Brussels Ia Regulation to them. For this purpose, the relevant case law of the CJEU and the related legal developments beginning with the adoption of the Brussels Convention up to the entry into force of the Brussels Ia Regulation are being considered. Finally, the legal problems arising from the current state of affairs and how courts should navigate it are discussed with an emphasis on the possible enforcement constellations of contradicting judgments and awards.

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.

<p> This study analyzes the connection between U.S. foreign policy and its mechanisms for either the resolution or protraction of conflict using the case of North Korea. This case is particularly ripe for resolution with regard to the United States&rsquo; recent &ldquo;Pivot to Asia.&rdquo; Moreover, now that North Korea is under the new leadership of the young, relatively unknown leader Kim Jong-un, this may be an essential the time to explore and implement alternative methods for ending this conflict. The purpose of this study is to enquire whether combining conflict analysis and resolution (CAR) tools and practices with alternative and dynamic soft foreign policy efforts might play a positive role in resolving this conflict. This study was conducted by analyzing current and historical documents on U.S. foreign policy, studying its desired or stated effects and comparing them to the known actual effects on the North Korean regime and its people. To help understand these effects, this study also sought the unique foreign policy perspectives, opinions, needs and desires of former North Korea refugees. The significance of this is in understanding and evaluating where CAR opportunities surface by promoting the participation of stakeholders as catalysts for change from the group of people directly affected by foreign policy: North Koreans themselves. The findings show that the U.S. foreign policy approach towards North Korea has not significantly evolved over the past 60 years. Moreover, even those North Koreans interviewed who steadfastly support a continued U.S. hard policy approach toward their former homeland conceded that positive change would also require alternative approaches that promote direct and indirect high quality contact. The findings also show even in a controlled interview environment, North Korean Refugees can change how they think, interact, and receive information, based on direct HQC and the positive repositioning of self and other. Many also had sustained contact with their loved ones still living in the North, and provide them with aid. Most North Koreans interviewed had received indirect and or direct information about the outside world when they had lived in North Korea including such things as listening to radio, watching movies or drama and receiving aid, which had a positive effect on them. While most North Koreans (still in the north) do not believe in religion, it can be an effective tool for change. The regime has continued for so long due to the structural violence and deprivation it has over society. Finally, local markets in North Korea play a key role in changing the lives of North Koreans and that North Korean diaspora can help change North Korea. The analysis provides innovative conflict resolution methods and offers potential tools and recommendations for a multi-dimensional foreign policy approach, which may affect and alter foreign policy discussions and decisions. This study, the results and recommendations are intended to be an initial step toward rethinking U.S. foreign policy for purposes of &ldquo;provention.&rdquo; </p>

<p> If a successful organization is one where internal strife is minimized, then it stands to reason that a successful leader is an individual who knows how to handle conflict. Handling conflict, though, should not be approached intuitively, as the field of mediation has developed numerous techniques to understand and address conflict. To date, though, these techniques have not been categorized by leadership styles. The purpose of this study was to develop such a framework to understand how conflict resolution relates to the disciplines of mediation, organizational behavior, and organizational leadership. To further this endeavor, four themes were developed. These themes drew upon a quadrant categorization methodology proposed by Leonard L. Riskin, which was then compared to four leadership styles: situational leadership, transformational leadership, leader-member exchange theory, and servant leadership. A phenomenological methodology was used and eight leaders were interviewed to understand how they approach conflict within their respective organizations. Utilizing a story provided by each leader about a conflict each encountered on a frequent basis, the researcher asked a series of randomized questions based on the themes mentioned. By categorizing each leader's response, the study found that a relationship worthy of further research existed between the position of the individual within the organization and how societal norms dictated the methodology the leader used to resolve his/her stated conflict. This relationship supported the use of specific tools developed in mediation that the leader and the organization could embrace to transcend conflict, allowing the organization and hence the leader to be more efficient.</p>

<p> Zero tolerance policies in K-12 public schools are employed to address a wide range of misbehaviors that vary broadly and impact the educational setting in many negative ways. Administrators and teachers have shown an increased dependence on the use of outside law enforcement, suspensions and expulsions as interventions for disciplinary issues in the classroom. Since the early 1990s, the national discourse on school discipline has been dominated by the philosophy of zero tolerance, originally developed as an approach to the war on drugs and judicial enforcement (Skiba &amp; Rausch, 2006). Zero tolerance mandates the application of predetermined consequences, severe and punitive in nature, applied regardless of the gravity of behavior, mitigating circumstances or situational context. Such policies are widespread in schools across North America. The removal of students from the classroom setting for both major and minor disciplinary infractions creates significant emotional and academic risks to these students. </p><p> The purpose of this comparative case study analysis was to compare and contrast three related studies to examine the impact of restorative discipline practices as an alternative to punitive discipline approaches for administrators, staff and students who have participated in restorative practices. The research examines three K-12 public school settings in North America showcasing the implementation of restorative practices to determine if restorative measures are a viable alternative to punitive discipline. </p><p> The primary research question asked what did these studies show was the effectiveness of restorative practices as an approach to discipline? Also, what aspects of the school climate changed as a result of the adoption of the restorative practices model? Finally, how did leadership implement the restorative practices and create the necessary conditions for ownership of the new restorative practices plan? </p><p> The research reveals that restorative practices encourage relationship building as well as a cohesive sense of community. The studies showed that that the school communities utilized restorative practices as an additional disciplinary approach and a way to address harm done to individuals and the community as well as a way to reintegrate and reconnect individuals into the school community. Data also confirmed that restorative practices are an effective method of disseminating positive behavioral learning and assisting each individual&rsquo;s recognition of their role in a situation and the responsibility of an individual&rsquo;s actions. The studies further validated that the district and school leadership performed a pivotal function as restorative change was initiated and sustained.</p><p>

No description available.

<p> Conflict typically is associated with negative and destructive connotations within organizations. However, a shift is taking place in workplaces to view conflict through a positive frame and to consider conflict as an opportunity to establish an environment that is more creative and innovative while identifying ineffective policies, behaviors or actions. This study was developed to examine how organizations can enhance conflict management competencies to empower leaders and employees to manage conflict by employing problem-solving tactics and collaborative approaches. Furthermore, this study was designed to understand what strategies and practices leaders and specialists in the field of Alternative Dispute Resolution utilize to promote conflict management skills. Additionally, the research sought to identify the challenges these individuals encountered when implementing conflict management interventions in organizations, understand how success was measured, and determine recommendations to develop conflict management competencies. Fifteen Alternative Dispute Resolution leaders and specialists participated in this phenomenological study by voluntarily responding to 12 semi-structured interview questions. Based on the participants&rsquo; responses 46 themes emerged across the four research questions. Strategic conflict management planning, engaging stakeholders in the process, consensus building, and convening and inquiry were the top strategies and practices mentioned by the participants in the study. When facing challenges during an implementation of conflict management interventions the theme commonly mentioned was lack of stakeholder engagement and how participants managed obstacles was through being agile and emphasizing positive communication. Measurements of success used by the participants that ranked highest were receiving feedback on process and outcomes, metrics on conflict/issue, and organizational performance metrics. The top theme that surfaced among all participants was how they developed conflict management competencies through a combination of experience and various formal training. The participants indicated the desire to have further conflict management training and education earlier in the career. Based on the research the following three frameworks were developed to enhance conflict management competencies in organizations (a) problem-solving culture framework, (b) conflict management intervention model, and (c) conflict manager competency paradigm. </p><p>

The author attended Independent Assessment Process (IAP) hearings as part of the Indian Residential Schools Settlement Agreement. Her experience in IAP hearings raised questions about our approach, as Canadians, to historical wrongs, especially those, like loss of language and culture, which fall outside of the purview of criminal and tort-law. This thesis explores the legal, social, and political dispute resolution mechanisms available in Canada to address harms as they have been applied to the Indian Residential Schools Legacy. It finds that the approach to date has been limited by the assumptions inherent in those institutions. The author proposes that Canadians, as a society, need to reframe and restart our discussion about harms and reparations using a framework of “responsibility”, and provides some possible mechanisms to begin that discussion. / Graduate / mhough@uvic.ca

<p> In today&rsquo;s world, people from various cultures interact on a daily basis on a number of occasions. During these intercultural encounters, conflicts often arise. Intercessors are needed to help people navigate these types of disagreements. Mediators are considered some of these peacekeepers. This thesis engaged with mediators at a mediation center in the Midwestern United States in order to understand what strategies seemed most effective. </p><p> I examined the research that scholars have conducted regarding building rapport through utilizing respect and face issues, as well as nonverbal behavior. In addition, I explored the connection between the understanding of these factors and intercultural competence and intercultural conflict competence. </p><p> The purpose of this thesis was to see how these mediators understood and valued respect and face issues, including nonverbal behavior, when building rapport with parties in mediations. These mediators were engaged in two manners, via survey and interview questions. The intercultural competence of the mediators in these domains was also explored. </p><p> The results of the research in this thesis showed how the mediators were skilled in some areas, such as in rapport building and respect issues. It further revealed that they were in need of some skills for their toolbox, such as training on face issues and nonverbal behavior, including silence, tone of voice, and eye contact. Detailed recommendations for the mediators are provided. Future research is encouraged: A group of mediators that have exhibited intercultural competence should be selected in order to test their intercultural conflict competence.</p>

This thesis examines the use of alternative dispute resolution (ADR) for local government planning and development disputes in New South Wales. Set within broader theoretical concerns around key concepts, this research comprehensively documents, for the first time, how the ADR process of mediation was introduced to NSW councils and then used by their staff and independent ADR practitioners for disputes over development applications and the formation of local planning policies. The thesis also provides a systematic overview of the use of mediation and conciliation for development appeals brought before the Land and Environment Court of NSW (LEC). In the 1980s there was considerable interest in ADR in Australia. Mediation was in use for community, family and business disputes and by the early 1990s was being suggested for environmental, planning and development matters. Its use was encouraged by government agencies keen to see a reduction in the costs of often delayed council decisions on development applications. There was also a desire by councils to find a way to reduce the community disharmony that often occurred over large or contentious applications, or when changes to planning policies were proposed. Mediation held great promise in these early years but as this research shows, its take-up has been modest and its use variable. A detailed analysis of the encouragement to use ADR for planning and development disputes before councils and the LEC, together with an examination of policy and survey evidence, uncovers a significant gap between the promotional rhetoric and actual practice. From extensive in-depth interviews with council staff and ADR practitioners and through personal knowledge, it can be seen that the initial enthusiasm for ADR has not continued, with council staff now more commonly seeking to directly negotiate solutions to development disputes. The thesis concludes by considering the likely future for ADR in local government planning and development disputes.