Thesis (M.A.)--City University of Hong Kong, 2007. / "Master of Art in arbitration and dispute resolution, LW6409 dissertation" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.

Thesis (M.A.)--City University of Hong Kong, 2006. / "Master of Art in arbitration and dispute resolution, LW6409-dissertation" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.

This thesis explores the management of cross-cultural conflict by Resident Advisors (RA) at the University of Victoria in British Columbia, Canada. A total of twelve RAs were interviewed on the policies and expected practices of RAs, how these policies are implemented and whether these policies are effective in resolving cross-cultural conflict. This research analyzes and demonstrates that besides conflict itself, the discourse of conflict--how one speaks about conflict--and its representation are equally important. In many circumstances, the cultural discourse and its representation are not only a major part of the problem, but even a source of it. I argue that a narrow conceptualization of culture in the expected dispute resolution practices of RAs constrains the management of disputes between residents. Examples of disputes pertaining to nationality, racial and sexual discrimination, drugs, and alcohol illustrate the use of culture as a controlling factor in conflict, defining culture as bounded and discrete. This neglects the underlying structural issues at play, serving only to reproduce conflict and to ensure that social and economic inequities are passed on.

The Public Service Commission (PSC) is an independent oversight body established in terms of chapter 10 of the Constitution, 1996. Although, its powers and functions were enacted in the Public Service Commission Act, 1997, this institution has been in existence since the early 1900’s. As an institution which was birthed during an era wrought with injustice, inequality upon a labour law framework which barely existed as the concept is understood today, the PSC played a leading role in the management of the public service. The influence of the Treasury, Governor-General and socio-political forces throughout the 1900’s negatively impacted the manner in which the PSC was effectively able to exercise its’ powers and functions. Subsequent thereto, the rise of staff associations and their concerted effort to be party to matters pertaining to the employment relationship, placed the PSC in a precarious situation which created the perception that the PSC was a “toothless organization”. Although the PSC has since transitioned significantly in that many of the functions it performed are now exercised by the Ministry of Public Service and Administration, today, this perception is still as real as it was in the 1970’s. The primary purpose of this treatise is to provide a historical background to present time, depicting the role undertaken by the PSC and whether the perception of being ineffective in the administration of the public service, remains. The researcher will provide a distinction of the nature of grievances dealt with by the PSC and other alternate dispute resolution bodies, with specific attention being drawn to the methodologies applied in the execution of its mandate relating to labour relations and personnel practices, and the overall bearing it this has on the effective administration of the public service. In the conclusion it is submitted that the powers and functions of the PSC may extend to directions, advice and recommendations (unenforceable), however in comparison to other dispute resolution bodies, these powers and functions are centred around the promotion of constitutionally enshrined values and principles. PSC prides itself in the fruits of its labour as it is able to make a far greater impact by investigating root causes of grievances and redressing systemic issues, emanating from yesteryear to date. It is therefore submitted that as a result of different methodologies applied in comparison to other dispute resolution bodies, the highly administrative processes embarked proves far more thorough and effective and as a result cannot be compared or perceived to be ineffective. Lastly, it is submitted that the co-operative rather than adversarial approach embarked upon by the PSC is befitting for a young democratic country where impact-driven bears far reaching results, extending over the public service administration at large. To this end, the researcher refutes the misconception that the PSC is a toothless, ineffective organization which no longer plays a meaningful role within the Public Service Administration.

abstract: The rights of American Indians occupy a unique position within the legal framework of water allocations in the western United States. However, in the formulation and execution of policies that controlled access to water in the desert Southwest, federal and local governments did not preserve the federal reserved water rights that attached to Indian reservations as part of their creation. Consequentially, Indian communities were unable to access the water supplies necessary to sustain the economic development of their reservations. This dissertation analyzes the legal and historical dimensions of the conflict over rights that occurred between Indian communities and non-Indian water users in Arizona during the second half of the twentieth century. Particular attention is paid to negotiations involving local, state, federal, and tribal parties, which led to the Congressional authorization of water rights settlements for several reservations in central Arizona. The historical, economic, and political forces that shaped the settlement process are analyzed in order to gain a better understanding of how water users managed uncertainty regarding their long-term water supplies. The Indian water rights settlement process was made possible through a reconfiguration of major institutional, legal, and policy arrangements that dictate the allocation of water supplies in Arizona. / Dissertation/Thesis / Ph.D. History 2011

Alternative Dispute Resolution was developed as an alternative to the traditional dispute resolution mechanism, litigation, which had become costly, time-consuming, did not give the parties control over the outcome of their disputes and was generally cumbersome. ADR refers to a variety of techniques for resolving disputes without resort to litigation in the courts. The concept behind the introduction of ADR methods was, inter alia, to reduce the delays and costs associated with litigation; to introduce relatively less formal methods of dispute resolution; to introduce consensual problem solving and empower individuals by enabling them to control the outcome of their dispute and develop dispute resolution mechanisms that would preserve personal and business relationships. ADR processes were thus intended to produce better outcomes all round. From the time ADR appeared on the scene, its usage has gained international recognition with both common law and civil law countries following the trend. Being faced with similar problems associated with litigation, Zambia has followed the trend and adopted some ADR mechanisms. Most commonly used ADR mechanisms in Zambia are mediation/conciliation, arbitration and negotiation. The legal and institutional frameworks for ADR in Zambia are firmly in place. It is thus, not far fetched to predict a successful future for ADR in which it will enjoy the support of the major stakeholders and play a vital role in justice delivery in Zambia. This thesis has a section on the conceptual framework for ADR and discusses the development of ADR internationally and some processes in use. It examines selected institutions of justice delivery in Zambia with a view to evaluating their operations and contribution to justice delivery in Zambia. It traces the development of institutions of justice delivery in Zambia from colonial times up to the present and assesses their performance. ADR processes currently in use in Zambia are critically examined and their shortcomings reviewed. The legal and institutional frameworks for ADR and the role they play of providing the supporting structure for ADR in the country are evaluated. Future prospects for ADR are indicated and recommendations for successful implementation of ADR in Zambia are given. / Jurisprudence / LL.D.

The amount of labor law arbitrations has significantly increased through the last years. This has concurred with a legal modification that establishes specific causes for facultative arbitration.In this paper, the author analyzes this normative change while clarifying the polemics over its juridical nature and inquiring about its future effects regarding labor relationships disputes resolution. / En los últimos años se ha incrementado de manera notable el número de arbitrajes laborales. Esto ha coincidido con la promulgación del Decreto Supremo 014-2011-TR, que modifica el Reglamento de la Ley de Relaciones Colectivas de Trabajo especificando causales de procedencia específicas para el arbitraje potestativo.En el presente artículo, el autor analiza esta modificación normativa esclareciendo las polémicas en torno a su naturaleza jurídica e indagando sobre sus efectos a futuro en la resolución de disputas relativas a relaciones laborales.

Cette thèse explore les facteurs de résistance aux Modes Alternatifs de Règlement des Conflits (MARC) présents au sein des entreprises françaises, en particulier dans les interactions entre gestionnaires et professionnels du droit en situation de litige d’entreprise. Cet ouvrage se compose de trois articles académiques qui proposent des avancées théoriques, notamment en transposant la théorie de l’agence dans les services professionnels, et deux études empiriques. La première lève le voile sur la diversité et le caractère dynamique des relations gestionnaires-juristes et propose des leviers organisationnels visant à promouvoir une gestion efficace des litiges. La seconde lie les comportements individuels des gestionnaires, en particulier en relation avec leurs conseils juridiques, avec l’utilisation et le succès des MARC. Ensemble, ces articles mettent en lumière la notion de coproduction et invitent à seconcentrer sur le comportement des clients de la résolution des litiges d’entreprise. Ils suggèrent que, les MARC se trouvant à la frontière de la sphère de compétence des juristes français, des pratiques efficaces de résolution des litiges nécessitent que les clients s’adaptent, voire des efforts de changement organisationnel. Ces études contribuent à la théorie de la gestion des conflits et participent à la promotion d’une résolution efficace des litiges au sein des entreprises françaises. / This dissertation explores resistance factors toward Alternative Dispute Resolution (ADR) that can be observed in French companies, more precisely in relation with the micro interactions between managers and lawyers as they respond to business disputes. It consists of three academic papers that feature new theory developments, transposition of agency theory in professional services, and two supporting empirical studies. The first one unveils the diverse and dynamic nature of manager-lawyer interaction schemes and offers potential organizational levers to promote efficient dispute resolution practices. The second relates manager individual behavior in disputes, especially in relationship to lawyers, with the successful use of ADR. As a whole, this thesis places at the forefront the notion of coproduction and invites to focus on client behavior in business dispute resolution. It suggests that, as ADR lies at the borders of the French lawyers’ sphere of competency, efficient dispute resolution may require adaptation on the clients’ side, as well as organizational redesign. These studies aim to offer new insights for conflict management theory and reflections for the further promotion of efficient resolution of disputes in France.

Mediation and its usage in labour law litigation and in employment issues Abstract This thesis provides an insight into the field of mediation as an alternative method of dispute resolution. This method is approached through the optics of labour law litigation perspective which in the author's point of view offers a huge potential for further development. Even though the key point stands in the field of labour law, the whole thesis has an interdisciplinary design following the design of the method described. The interdisciplinary focus aims to the fields of psychology, sociology and philosophy. The thesis is divided into four main sections. Their composition follows the focus point from concrete to abstract concepts. The first part aims to integrate the field of labour law into the law system. The main focus is given to the dualism of the law system and the relation of the public and private law considering its relation to the labour law. The second part is devoted to conflicts and mainly reflects the symptoms of conflict and their classification. The negatives and positives of both are considered and discussed. The labour law disputes are highlighted as a typical example of a conflict. The third part describes possible solutions to the labour law disputes and then focuses on the presented method,...

The thesis is aimed at the prorogation and arbitration clauses in international trade. Its aim is to analyse the legal regulation of the clauses and requirements for them using the help of legislation, case law and both Czech and foreign relevant literature. In addition to the introduction and the conclusion of the thesis, there are eleven chapters analysing the issue. The first chapter deals with dispute resolution in international trade, and introduces prorogation and arbitration clauses as instruments by which the parties can determine how and by whom will the dispute between them be decided. Chapters two to six deal with prorogation clauses. First of all, sources of legal regulation of prorogation clauses are analysed. Further, the thesis analyses the formal requirements for the clauses and also the possibility of incorporating the clause into a contract from another document. There are also discussed some other features of the prorogation clauses, namely the certainty of the chosen court, the separability of the clause, the exclusivity of the clause, and the effect of provisions protecting the weaker party under the Brussels I bis regulation The following chapters seven to ten deal with arbitration clauses. Again, sources of legal regulation of arbitration clauses and arbitration proceedings...