The broad scope of this research concerns the field of conflict and dispute resolution, also referred to as alternative dispute resolution (ADR). ADR practices have developed in both executive and judicial branches of government since the early 1900’s. The goal of this paper is to evaluate how ADR practitioners working in water-related civil litigation can apply facilitative practices prior, during, and after the proceeding to reduce harm, cost, and time of litigation and increase the overall satisfaction of the parties when the proceeding has been resolved. To achieve this goal, a framework is constructed and applied to a case study in Cascade Locks, Oregon. This framework is not a way to avoid a court proceeding through use of alternative dispute resolution; instead this paper seeks to add facilitative practices to a civil litigation process to make the entire process more efficient to the parties and effective in resolving the dispute.

O presente trabalho tem por objeto de estudo a possibilidade de aplicação da conciliação na Administração Pública, partindo da conceituação de interesse público para em seguida verificar que bens e interesses do Poder Público podem ser transacionados em prol da garantia da ordem pública e do bem estar da coletividade. Embora os Princípios da Supremacia e da Indisponibilidade dos Bens e Interesses Públicos à primeira vista possam parecer obstáculo à transação entre o Estado e particulares, há normas constitucionais que permitem, para a consecução da finalidade pública, a adoção de meios alternativos com destaque para a conciliação como forma de pacificação célere e eficaz dos litígios estabelecidos com a Fazenda Pública. Para a introdução ao tema, apresenta-se um breve panorama dos meios alternativos de solução de conflitos no direito estrangeiro, da conciliação no ordenamento jurídico brasileiro, e, finalmente, do procedimento conciliatório perante a Administração Pública, identificando os obstáculos à sua difusão e as vantagens que decorreriam de sua disseminação. Por fim, estabelece-se a importância do papel desempenhado pelos magistrados, conciliadores, advogados privados e públicos como difusores da prática conciliatória, tendente a viabilizar maior efetividade processual e a melhoria da prestação dos serviços públicos aos administrados. / This study aims to provide the full introduction of the reconciliation between citizens and the government, seeking to demonstrate, from the concept of the public interest, which goods and rights entered into the heritage state may be negotiated in favor of public order and the welfare of society. At first sight, the Principle of Supremacy and the unavailability of public goods and rights apparently preclude the negotiation of individuals with the government. In the other hand, there are several provisions and constitutional mechanisms that allow some kind of balance standards, which are crucial and helpful to the establishment of the legal questions, making authorized the use of alternative dispute resolutions as effective means of pacifying the social relations in a faster and more suitable way, with special emphasis on conciliation. Throughout this academic work, a brief overview of alternative dispute resolution is held by presenting the mechanisms adopted in comparative law, conciliation in the brazilian legal system, and finally, the conciliatory proceedings in relations involving the government, making an overview of the advantages and the obstacles that avoid its spread. Finally, we highlight the importance and the expected behavior of the main characters that leads the conciliatory process to justice, namely judges, conciliators, private and public lawyers like the broadcasters of conciliation, aimed at enabling more effective procedural and improving the provision of the public services to citizens.

56 Abstract The purpose of this work is to introduce the concept of Alternative Dispute Resolution as a full alternative to civil judicial proceedings. Emphasis is placed on the utilization of the alternative procedures in the Czech legal environment and on contemporary Czech legislation as well as its possible future development. The thesis was elaborated using primarily domestic professional literature, while a significant portion of the resources was represented by legal enactments including the relevant legislative history. This thesis only deals with foreign approaches to Alternative Dispute Resolution marginally, which is reflected in the choice of resources - foreign resources have been used to a very limited extent. Following the initial overview of the topic and the introduction of the author's relationship to the concept of Alternative Dispute Resolution, this thesis presents the theoretical classification of these methods and collectively enumerates the legal regulations pertaining thereto. This is followed by an elaboration on the most frequently used forms of Alternative Dispute Resolution, namely mediation at first and arbitration second. For each of the named forms of Alternative Dispute Resolution, the thesis describes the differentiating characteristics of each method, the process of the...

O presente trabalho tem por objeto de estudo a possibilidade de aplicação da conciliação na Administração Pública, partindo da conceituação de interesse público para em seguida verificar que bens e interesses do Poder Público podem ser transacionados em prol da garantia da ordem pública e do bem estar da coletividade. Embora os Princípios da Supremacia e da Indisponibilidade dos Bens e Interesses Públicos à primeira vista possam parecer obstáculo à transação entre o Estado e particulares, há normas constitucionais que permitem, para a consecução da finalidade pública, a adoção de meios alternativos com destaque para a conciliação como forma de pacificação célere e eficaz dos litígios estabelecidos com a Fazenda Pública. Para a introdução ao tema, apresenta-se um breve panorama dos meios alternativos de solução de conflitos no direito estrangeiro, da conciliação no ordenamento jurídico brasileiro, e, finalmente, do procedimento conciliatório perante a Administração Pública, identificando os obstáculos à sua difusão e as vantagens que decorreriam de sua disseminação. Por fim, estabelece-se a importância do papel desempenhado pelos magistrados, conciliadores, advogados privados e públicos como difusores da prática conciliatória, tendente a viabilizar maior efetividade processual e a melhoria da prestação dos serviços públicos aos administrados. / This study aims to provide the full introduction of the reconciliation between citizens and the government, seeking to demonstrate, from the concept of the public interest, which goods and rights entered into the heritage state may be negotiated in favor of public order and the welfare of society. At first sight, the Principle of Supremacy and the unavailability of public goods and rights apparently preclude the negotiation of individuals with the government. In the other hand, there are several provisions and constitutional mechanisms that allow some kind of balance standards, which are crucial and helpful to the establishment of the legal questions, making authorized the use of alternative dispute resolutions as effective means of pacifying the social relations in a faster and more suitable way, with special emphasis on conciliation. Throughout this academic work, a brief overview of alternative dispute resolution is held by presenting the mechanisms adopted in comparative law, conciliation in the brazilian legal system, and finally, the conciliatory proceedings in relations involving the government, making an overview of the advantages and the obstacles that avoid its spread. Finally, we highlight the importance and the expected behavior of the main characters that leads the conciliatory process to justice, namely judges, conciliators, private and public lawyers like the broadcasters of conciliation, aimed at enabling more effective procedural and improving the provision of the public services to citizens.

Magister Legum - LLM

This thesis deals with arbitration. The aim of the thesis is to determine whether arbitration has a future in of Czech Republic and whether it can compete with court proceeding considering its regulation in the Act on arbitration. The thesis enables the confirmation or disproof of hypotheses claiming that arbitration represents a parallel to dispute resolution in civil proceedings, that the amendment of the Act on arbitration from the year 2016 is a step in the right direction, and that general courts do not intervene in the arbitration proceedings. The diploma thesis is divided in two chapters, the first chapter discusses alternative disputes resolution and the second chapter analyzes arbitration. Within the second chapter, the attention is focused on the concept of arbitration, its contemporary regulation and types, arbitrability, arbitration ageement, arbitrator, principles, process and ending of arbitration.

Mediation has been regarded as one of the effective dispute resolving techniques. However, the issues pertaining to the development of mediation have been overlooked and are therefore less well known. There has been limited discussion about mediation and some of the theoretical explanations about its development in the construction industry were not well investigated or documented. The main purpose of this research was to investigate the development of mediation by focusing on investigating the barriers which impede the use of mediation in resolving construction industry disputes in the UK. Gaps in the literature were identified in the research but no hypothesis was generated. The interpretive research model was an ideal paradigm for this research as it assisted in structuring the whole process of the investigation. A grounded theory strategy was adopted as it helped to capture the overall mediation phenomenon in a construction environment. Semi-structured interviews, with sixteen leading mediators from around the UK, were used for this study. The interviews were recorded and transcribed. The interview transcripts were analysed using grounded theory analysis, through manual coding techniques. From the findings, two categories of barriers were identified: barriers arising from the public (lack of social awareness, disputatious culture, process barrier, insufficient planning, security and the introduction of adjudication) and barriers caused by the disputants’ legal advisors (ignorance, personal agendas and the conventional method of resolution). The study also explores some information on the mediation system such as financial issue was the main dispute in construction industry; facilitative mediation is the most appropriate mediation process and in appointing the mediator, excellence in mediating skills is more important than his or her professional background; also it is inappropriate/ counterproductive to impose mandatory mediation on construction disputes. The limited amount of literature dealing with mediation in the UK construction industry is one of the limitations of the research, as it complicated the process of designing the interview questions. Some potential sources of bias for the research are identified through the areas of data presentation and data interpretation. This research has provided theoretical and practical contributions to mediation development within the context of the UK’s construction industry. Further research is suggested to validate the research findings and to evaluate the quality of the mediation process, based on the gender and professional background of the mediator.

Diploma thesis deals with the possibility of consumer dispute resolution outside the courts and its emphasis on functional approaches in the Czech Republic. Is described the Project of the Ministry of Industry and Trade for Ensuring Out of Court Settlement of Consumer Disputes which presents new opportunities for Czech consumers. The analytical part of the work represents an analysis of the functioning of the two-year pilot phase of Project, an evaluation its results on the basis of statistical data on the number of complaints, on the basis of results of ADR questionnaire and on the basis of results of questionnaire surfy aimed to general awareness about the Project. Obtained data are evaluated and suggested solutions to improve the operation of the Project.

The thesis deals with the consumer dispute and ways how to resolve it. The main aim of this thesis is to analyze and evaluate if disadvantages of court proceeding in the Czech republic still overweight its advantages, and thus whether the topic of alternative disputes resolution of consumer disputes is actual, then to give an overview and evaluation of alternative disputes resolution for consumer dispute which the Czech republic offers in the context of Community Law of the European Union, and finally to outline the development of future initiatives in this area.

abstract: Governance of complex social-ecological systems is partly characterized by processes of autonomous decision making and voluntary mutual adjustment by multiple authorities with overlapping jurisdictions. From a policy perspective, understanding these polycentric processes could provide valuable insight for solving environmental problems. Paradoxically, however, polycentric governance theory seems to proscribe conventional policy applications: the logic of polycentricity cautions against prescriptive, top-down interventions. Water resources governance, and large-scale water infrastructure systems in particular, offer a paradigm for interpretation of what Vincent Ostrom called the “counterintentional and counterintuitive patterns” of polycentricity. Nearly a century of philosophical inquiry and a generation of governance research into polycentricity, and the overarching institutional frameworks within which polycentric processes operate, provide context for this study. Based on a historically- and theoretically-grounded understanding of water systems as a polycentric paradigm, I argue for a realist approach to operationalizing principles of polycentricity for contribution to policy discourses. Specifically, this requires an actor-centered approach that mobilizes subjective experiences, knowledge, and narratives about contingent decision making. I use the case of large-scale water infrastructure in Arizona to explore a novel approach to measurement of polycentric decision making contexts. Through semi-structured interviews with water operators in the Arizona water system, this research explores how qualitative and quantitative comparisons can be made between polycentric governance constructs as they are understood by institutional scholars, experienced by actors in polycentric systems, and represented in public policy discourses. I introduce several measures of conditions of polycentricity at a subjective level, including the extents to which actors: experience variety in the work assigned to them; define strong operational priorities; perceive their priorities to be shared by others; identify discrete, critical decisions in the course of their work responsibilities; recall information and action dependencies in their decision making processes; relate communicating their decisions to other dependent decision makers; describe constraints in their process; and evaluate their own independence to make decisions. I use configurational analysis and narrative analysis to show how decision making and governance are understood by operators within the Arizona water system. These results contribute to practical approaches for diagnosis of polycentric systems and theory-building in self governance. / Dissertation/Thesis / Doctoral Dissertation Environmental Social Science 2020