Dispute resolution is an important issue for corporations. Whether the disputes are with their suppliers, employees or with consumers, managing disputes effectively is integral to healthy business risk management. While arbitration is a well-known alternative in disputes with suppliers or employees, its use is infrequent in disputes with consumers. The purpose of this thesis is to introduce arbitration as an option for alternative dispute resolution between businesses and consumers. Banking institutions, insurance companies, businesses in the securities industry and most suppliers of good and services can usefully take advantage of this tool. In our view, the legislative framework in Quebec does not create any barriers to the use of this technique, but provides for some guidelines that corporations must comply with. We hope this paper encourages companies to exercise control of the management of their disputes with consumers with the help of arbitration mechanisms that are at the same time consistent with consumers' rights as set out in Quebec legislation.

Based on the analysis of the empirical research data from a Survey Questionnaire completed by 374 lawyers and 197 clients who participated in 606 judicially conducted Judicial Dispute Resolution (JDR) sessions (JDR Program) in the Court of Queens Bench of Alberta (the Court) in the year ending June 2008, the authors judicial experience, and legal literature research, it is asserted that the Courts JDR Program has become an integral, normative, and institutional part of the resolution of disputes litigated in the Court. This has been achieved through a judicially led process utilizing multi-faceted dispute resolution techniques, with considerable quantitative and qualitative success. All this has led to more demand by lawyers and litigants for the JDR Program, in which these components have, over time, combined in a symbiotic and synergistic way. Thus, it is asserted that the Multi-door Courthouse is open in Alberta. / Dispute Resolution

This thesis seeks to investigate the lack of participation by African countries in the WTO Dispute Settlement System by first providing an overview of the Dispute Settlement Understanding (DSU) system and, secondly by explaining the reasons that forestall the participation of African countries.

This study explored family members� experience of, and satisfaction with, New Zealand Family Court dispute resolution processes concerning children�s care arrangements following parental separation. A qualitative method was employed, using individual interviews with 22 parents and 8 children from 15 families, in three court districts, during 2001-2002. Follow-up interviews were also conducted with the parents one year later to assess the factors affecting compliance with their agreements and court orders. Focus groups were held with 16 Family Court professionals (lawyers, counsellors, specialist report writers and judges) in two cities to obtain their views on the family members� perspectives. Sociocultural and ecological theories, the sociology of childhood and the UNCRC provided the conceptual basis for the research. Historical developments in child custody and divorce laws, which provided the impetus for the establishment of Family Courts internationally, have also been reviewed. Each parent was legally represented, with 87% of the families also attending Family Court counselling and judge-led mediation conferences. Defended hearings occurred in 27% of the cases. Family members reported a broad range of views about their legal and court experiences. They valued their interactions with professionals who took an interest in them and their children, provided clear information and support, let them have their say, and competently managed the dispute resolution processes. Dissatisfaction was frequently expressed with the conduct of ex-partners and with professionals� styles of practice, particularly where these involved erratic or uncompromising attitudes and adversarial tactics. The desire to respond to what was written in an ex-partner�s affidavit escalated some parenting disputes onto a litigation pathway. Delay, cost, gender bias, lack of enforcement of court orders, and inadequate opportunities to feel heard, understood and respected were also identified as problems associated with Family Court proceedings. Earlier access to a wider range of information, support and conciliation services was recommended, together with more post-order explanation and support. The professionals wanted a stronger emphasis on the Family Court as a court of law, rather than a social agency. A clearer demarcation between the court�s conciliation and adjudication functions was considered necessary to avoid clients having unrealistic expectations of the Family Court. Family members� therapeutic needs were important, but thought best met within community-based agencies. The children were aware of their parents� court proceedings and most wanted the opportunity to play a more direct role in the decision about their future living arrangements. Significant or modest changes had occurred in 60% of the families by the time of their follow-up interviews. Some changes had led to a reversal in the original care arrangements, while others had impacted upon the frequency of a child�s contact with their non-resident parent. A new conceptual model for the resolution of post-separation parenting disputes has been developed. This integrates the theoretical framework underpinning the study with the international research evidence on the impact of parental separation and the principles and practices of an effective child-inclusive and culturally responsive family law system.

Thesis (Ph.D.) -- McMaster University, 1999. / Includes bibliographical references (leaves 252-271). Also available via World Wide Web.

Thesis (LL. M.)--University of Toronto, 2004. / Adviser: Abraham Drassinower.

Thesis (Ph.D.)--Murdoch University, 2003. / Thesis submitted to the Division of Arts. Bibliography: leaves 247-276.

Univ., Diss.--Heidelberg, 2004. / Literaturverz. S. 11 - 32.

Thesis (L.L.M.)--University of Waikato, 2007. / Title from PDF cover (viewed September 30, 2008) Includes bibliographical references (p. 194-207)

Thesis (J.C.L.)--Catholic University of America, 2006. / Abstract. Includes bibliographical references (leaves 83-88).