<p> America&rsquo;s longest war will end in defeat, but it is still possible to achieve a tolerable outcome to the war in Afghanistan. The United States must decide the best alternative for ending the war and it must decide now. The U.S. has limited time to make meaningful progress on the negotiation front before completing its withdrawal from Afghanistan. This study analyzes whether or not the U.S. should negotiate with the Taliban to end the war in Afghanistan and the defense policy implications this decision has on U.S. national security. </p>

<p> This dissertation focuses on the effects of a third-party mediator in protracted conflict settings. I primarily use formal models based on game theory and mechanism design, employing case studies and empirical work to further my analysis. The question of mediation effectiveness in the literature is still an open one, addressed empirically but with little theoretical support. While some work has emphasized the important role of enforcement, there is no consensus as to whether, how and why these tactics work. I use formal modeling to examine the mediator's enforcement ability and show the ways in which manipulative mediation can in fact improve upon bilateral results. </p><p> The first chapter examines the use of different types of enforcement in conflict mediation. This paper compares potential outcomes of bilateral negotiations with the outcomes achievable with the help of a mediator capable of various levels of enforcement, seeking to gain insight into how to end ongoing war using a signaling framework. I find that a mediator with sufficient enforcement capabilities can improve on the bilateral outcome, perhaps creating peace that would not have been possible bilaterally. However, while exhibiting enforcement capabilities can help a mediator to mandate peace in the short term, there can sometimes be a lower likelihood of lasting results, consistent with stylized facts about mediation. </p><p> The second chapter models conditions for efficiency gains from third-party conflict mediation when concessions are risky. Each party engaged in a conflict can indicate its interest in peace through costly signaling, or concessions. Through a formal model, I explore ways in which a mediator can act as a guarantor that promised concessions will be delivered, thereby reducing inefficiencies and increasing the potential for peace. In this process, I open up a rationale for mediation: to remove the inefficiencies of signaling in the pre-play round of negotiations. </p><p> The third chapter uses a game-theoretic framework to explain the persistence of de facto independent states that are not internationally recognized. This paper uses a four-player, game-theoretic framework to model the stalemates that often arise between the secessionist elite and home state central government and leverages this model to explore paths to settlement. We emphasize the pivotal role of an outside patron in sustaining unrecognized statehood as a stable equilibrium, but we also argue that the international community is capable of inducing peaceful settlement in these conflicts if it is sufficiently motivated to do so.</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.

Includes bibliographical references / The 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.

Magister Legum - LLM / The judicial court system in South Africa is overburdened, which results in parties having to wait for long periods of time to have their matters settled or even heard. Furthermore, the cost of litigation in South Africa is immense, which prevents the biggest part of the population from access to justice in line with s 34 of the Constitution of 1996. Therefore, alternative methods of dispute resolution are worth looking into. This paper will compare the mediation system of South Africa with that of Germany. This will allow for a better insight in regard to mediation within South Africa, which can help to address the above stated problems.

No description available.

Mediation is a type of dispute resolution in which a third party intervenes to help disputing parties reach a mutually satisfactory agreement. In recent years, individuals and organizations have begun advertising Islamic mediation services. The development of this field has important implications for Muslims living in Western countries, as Muslim minority communities have long sought ways to resolve disputes according to their personal religious beliefs. Avenues for family dispute resolution—including the civil courts, informal Islamic courts, family counseling, and informal mediation by an imam—each have distinct drawbacks. Professional Islamic mediation could fill a significant gap in services. Although some work has been done on theoretical models of Islamic conflict resolution, little information exists on the current practice of professional Islamic mediation in Muslim minority communities. This study addresses this gap in knowledge through case studies of practicing Islamic mediators. Results indicate wide variation in the field in terms of how practitioners themselves define Islamic mediation. There were also distinct differences in the role the mediators played in relation to the disputing parties, what types of cases they mediated, and how they organized and funded their services. The lack of standardization in the field may be a positive thing, however, as different services may fill different needs in Muslim communities. / text

實務上，我國勞資爭議行政處理機制雖可分為協調、調解與仲裁三種。但絕大多數之爭議係透過協調解決，並非透過勞資爭議處理法所定之調解或仲裁機制，在調解制度約只處理10﹪之爭議，而仲裁制度更是少見。換言之，實際上確實有一定比例之勞資爭議無法透過前開紛爭處理制度解決，勞工必須循曠日費時之訴訟程序方能獲得救濟，甚且以陳情抗爭方式凸顯爭議，認為制度之設計無法確保應有權益，且相關配套措施亦欠周延。面對勞資爭議件數有逐年增加趨勢，如何強化現有勞資爭議處理機制或創設新的解決機制，使各級勞工行政人員處理爭議時有一遵循依據，成為重要課題。 另一方面，行政機關在處理勞資爭議案件，長久以來迭遭質疑「主管機關介入私權」問題，有失公平性及中立性。本文爰將重心置於調解、仲裁機制，乃至於未有法律依據之協調機制之應有定位問題，同時如何在「效率性」、「程序保障」以及「紛爭解決」等要求間取得最佳之平衡進行探討。同時針對調解、仲裁制度設計之各個環節，例如調解、仲裁委員會之組成、委員之資格、選任、程序進行所應遵循之法理以及調解、仲裁成立之效力等問題併與探究，因其彼此間均具有緊密之連動關係。 基上，本文之第一章主要敘明本文之研究動機、目的及方法與範圍。其第二章，探討ADR發展之歷史契機，說明ADR之核心機能，再針對不同之角度與標準，對ADR的形式和類型進行劃分，進而說明ADR之基本理論。其第三章，從行政機關之勞動統計數字及司法機關之受理爭議案件，驗證我國勞工在勞資爭議事件程序選擇上有其偏好，多數均選擇ADR機制，何以如此，則有必要就勞動關係之本質及勞動訴訟之特性予以論述及檢視。其第四章，介紹現行調解機制之相關規範，再就現行規範予以檢討及評析，並加以歸納，提出如何建構完善調解機制。其第五章，介紹現行仲裁機制之相關規範，再就現行規範予以檢討及評析，並加以歸納，提出如何建構完善仲裁機制。其第六章，彙整前述各章節所得之結論，最後提出具體之建議。

This is an original non-experimental research conducted in four Geo-Political Zones in Nigeria (West Africa). It surveys opinions of victims of crime and conflicts, and criminal justice professionals with regard to exploring restorative justice as an Alternative Dispute Resolution Model in the country. The findings of this study are relatively in line with other cross-national research and evaluations of restorative justice, which consistently demonstrate that victims of crime are better off after participating in restorative justice programmes compared to the court proceedings (see Strang et al, 2006 for instance). The ‘Afrocentric’ viewpoints contained in the findings are imperative to international practitioners and scholars interested in Peace and Dispute Resolutions in Africa.

81 Alternative dispute resolution in international sport with the emphasis on the Court of Arbitration for Sport Key words: alternative dispute resolution, Court of Arbitration for Sport, UNCITRAL Abstract The goal of this thesis is to introduce basic methods for alternative dispute resolution currently available in the area of sport on the international level. First chapter deals generally about the term of alternative dispute resolution, reasons of its growing popularity particularly in the sporting sphere, its advantages and the perception of its use worldwide. The second chapter comprises a detailed analysis of now probably the most important institution in the field of alternative dispute resolution in sport, which is the Court of Arbitration for Sport (CAS) with its seat in Lausanne, Switzerland. After more than 30 years of its existence, this institution is already an established brand that offers solutions to disputes within sport, primarily through arbitration. This takes place either within the Ordinary Division or the Appeals Division of the Court. Detailed description of the proceedings in disputes of this kind is the main part of this chapter, supplemented with practical findings. Special branch of arbitration offered by CAS is the resolution of disputes on major sporting events such as the...