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Promoting Conflict Management Competencies within Informal Structures and Informal NetworksAlmas, Roslynn 28 June 2018 (has links)
<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’ 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>
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Promises and challenges of internal dispute resolution in the corporate workplaceCharvat, Lori 05 1900 (has links)
This thesis examines the promises and challenges of internal dispute resolution
(IDR) in the corporate workplace of Canada and the United States. The focus of inquiry
is twofold: a theoretical and socio-historical study of the corporation followed by a
practical analysis of dispute resolution of human or civil rights.
The examination of the role of the corporation begins with a review of the
statutory and jurisprudential underpinnings of the "corporate person," which have
legitimized the corporation and its powerful place in society. Such power, sanctified by
the law, impacts not only society at large but also employees of the corporation.
Internalization of legal systems into the corporate workplace has shifted some dispute
resolution responsibilities from the public to the private domain, relegating further power
to the corporation. This public to private shift has deputized the corporation as an
enforcer of its employees' civil rights.
Two predominant theories of the corporation - the Contractarian and
Communitarian - provide understanding about power relationships among the
corporation and its constituents. U.S. and Canadian courts and legislatures have
demonstrated a preference for the Contractarian theory, which holds that the corporation
is a nexus of contracts, and that firm managers should prioritize its contract with its
shareholders, governing the corporation so as to maximize shareholder wealth. A careful
examination of corporate theory and governance illustrates the corporation's conflict of
interest in holding shareholder interests primary while resolving employment disputes.
The power differential between the corporation, as agents of its shareholder principals,
and employees presents the greatest challenge in equitably resolving employment
disputes.
The practical aspects of internal dispute resolution in the corporate workplace
focus on the potential benefits and risks to employees. In-house mediation, with certain
procedural safeguards, has potential for benefits that outweigh risks to individual
employees. Building on principles and structures of formal procedural fairness found in
courts of law and administrative tribunals, five essential features can best guarantee
fairness in IDR: voluntary participation, retention of employees' right to judicial review,
prohibition against reprisal for raising the dispute, use of an external mediator, and
oversight of the corporation's IDR program by a neutral, external body. / Law, Peter A. Allard School of / Graduate
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Court mediation in China : time for reformXin, Jianhong 11 1900 (has links)
This thesis focuses on the current court mediation institution in China against the
worldwide movement of alternative dispute resolution in searching for more consensual
and more efficient ways of resolving disputes. When the West is seeking more
informality-oriented forms of dispute resolution, China, on the other side of the world, is
making great efforts to improve its formal justice system rather than conventional means
of dispute resolution like mediation. This thesis attempts to identify the role court
mediation has played in Chinese legal history, to explore its current functions, to examine
the rationale underlying the system, and to suggest its future reform.
The economic analysis of law, particularly Posner's economic analysis of civil procedure
and the Coase Theorem, and the ideas of Rawls' theory of justice provide theoretical
underpinnings for this study. A review of these classical theories is conducted from the
perspectives of efficiency and fairness. Although it is generally understood that both
efficiency and fairness cannot be equally achieved by a legal policy, a good one should
be concerned with both efficiency and fairness. The article concludes that the balance
between efficiency and fairness should be presented in an optimal court mediation form.
China's court mediation has remained an important means of dispute resolution, but left
much to be improved. The author argues that the current court mediation is not as
successful as it declares; it is, in fact, neither efficient nor just. The existing law
governing court mediation does not provide a clear function and purpose for court
mediation, nor does it consider the efficiency and fairness of court mediation. In practice,
although it remains the dominant position in resolving disputes, it is merely a substitute
for adjudication rather than a substantive alternative dispute resolution. By analyzing the
current allocation of cases for different dispute resolutions, the author suggests that
considering the overloaded court caseloads and the lack of a variety of alternative dispute
resolutions in today's China, court mediation should be preserved, but thoroughly
reformed, as a more acceptable and efficient means of resolving disputes. Upon its
reform, this conventional means of dispute resolution with Chinese characteristics will
play a positive role in the future. / Law, Peter A. Allard School of / Graduate
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What future for the WTO dispute settlement system? : the European perspectiveGuillou, Solen Anne. January 1999 (has links)
No description available.
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La règlement des differends dans les activités spatiales commerciales /Meyer, Frédéric. January 2000 (has links)
No description available.
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Dispute resolution procedures and organizational adaptation : a distributive-pattern approach to evaluation of effectiveness /Owen, Crystal L. January 1987 (has links)
No description available.
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Dispute resolution in Muslim minority communities: the theory, practice, and potential of Islamic mediationWomer, Anne K. 2009 August 1900 (has links)
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
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A Case Study Investigating the Interpretation and Implementation of the Transformative Mediation TechniqueNweke, Chuks Petrus 01 January 2011 (has links)
For decades, unresolved conflicts have negatively influenced the general public through increased violence, overwhelming the judicial system. A literature review suggested that between 15% and 20% of conflicts result in an impasse. This study was designed to understand how the implementation and application of the transformative meditation technique (TMT) is used to resolve conflicts. The purpose of this qualitative case study was to investigate the interpretation and implementation of TMT. This qualitative case study was grounded in the conceptual framework of interest-based negotiation (IBN) principles. The research questions focused on mediators' perceptions, interpretations, and depth of knowledge, as well as the effectiveness of the transformative mediation technique (TMT) as an improvement over evaluative or facilitative techniques in resolving conflicts and reducing impasses. Twenty face-to-face interviews were conducted with purposefully selected mediators. Data were coded and analyzed to identify recurring themes: interests, needs, responsibility, relationship, empowerment, problem solving, and negotiation. The findings of the data analysis revealed that mediators were familiar with TMT; interpretation and implementation varied with mediator style. Moreover, most mediators were not highly educated in TMT. In addition, it was found that simply having knowledge of TMT did not prepare mediators to apply the technique appropriately. Mediators were more attracted to the hybrid transformative mediation technique (HTMT). This study has the potential to create positive social change by reducing the number of litigations, giving relief to the overburdened justice system, and thus decreasing the use of limited courts resources.
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Public participation in Canadian environmental decision-making : form without function?Kasai, Erika 05 1900 (has links)
The purpose of this thesis is to critically examine elements of public participation in
environmental decision-making and to propose that public participation processes may be made
more meaningful through the provision of comprehensive and flexible procedural mechanisms
coupled with a true ability to affect the outcome of the process, rather than through simply
granting more rights.
Over the years, natural resources management has grown as a response to ecological
concerns over the state and future of our environment. The law too, has developed to
accommodate environmental concerns and define legal rights and procedures. Public
participation becomes a vehicle for ensuring that affected interests are taken into account in
environmental decision-making.
In Chapter 1, the established and traditional means of involving the public in
environmental decision-making such as litigation and public hearings are examined; however,
they have been characterized as too restrictive, not only in terms of the parties who are included,
but also the issues. Furthermore, agency administration of complex resource management issues
has fuelled public discontent, as many groups understand it is an inherently political process and
doubt its legitimacy. In exploring this phenomenon, this paper is first placed in a theoretical
context, drawing upon ecological, legal, and ethical philosophies. However, it is also informed
by the perspectives of local environmental groups and residents.
The turn to other techniques, or Alternative Dispute Resolution, may seem a logical and
appropriate evolution, suggesting ways for all affected parties to be involved. Chapter 2 reviews
different forms of Alternative Dispute Resolution which provide some principles about the use of
mediation and agreements to supplement the regulatory processes of resource management. It is
important to consider the mediation process itself, the desire to remedy what is considered to be
the failings of the traditional adversarial system, the psychological dynamics of the process, and
the parameters for successful negotiations leading to implementation.
Chapter 3 commences with an analysis of the legal context of public participation in
British Columbia. It determines the discretionary authority of the administrative agencies, and
the formal window of opportunity for public input, under the (federal) Canadian Environmental
Assessment Act and the (provincial) British Columbia Environmental Assessment Act. This
chapter also discusses an additional and interesting vehicle for public participation, although not
yet implemented in British Columbia - the Environmental Bill of Rights.
Chapter 4 provides a more concrete setting for the use of public participation processes,
through the use of a case study - the British Columbia Transit Sky Train Extension Project. The
"NIMBY", or "Not In My Backyard" scenario involved has the potential to facilitate negotiation;
however, real inroads will be made through improving existing legal avenues of participation
such as consultation. In fact, this key concern has been the sore point with respect to the
Sky Train Project for many residents of Vancouver.
In conclusion, the utility of public participation processes expressed in environmental
legislation is reliant not only upon the ability of the law to be flexible enough to serve the various
natural resource interests of all stakeholders, but also to be conducted in a manner that is
inclusory and substantive.
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Comparative study on dispute resolution between South Africa and Germany / Bernard Rakhudu MasobelaMasobela, Bernard Rakhudu January 2005 (has links)
Thesis (LLM) North-West University, Mafikeng Campus, 2005
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