Title: Reducing the Trauma: Alternative Dispute Resolution in Disaster Relief Efforts Despite careful planning and preparation, natural disasters leave behind destruction and trauma in their wake. The Federal Government established the National Response Framework as a resource to help communities prepare for, recover from, and respond to these situations. Conflicts arise as a direct result of disasters as well as an indirect consequence. Using Galveston, TX as a case study because of its repeated experience with recovery from hurricanes, qualitative interviews were conducted to explore what is being done to help with conflicts that cause additional trauma. Alternative dispute resolution skills such as conflict styles, active listening, and reframing and summarizing are explored as a means of reducing the traumas amplified by conflicts that are revealed during a disaster.

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.

Pour assurer une croissance économique durable, le Maroc mobilise diverses sources de financement telles que les investissements directs étrangers. Parmi les déterminants de ceux-ci, il y a la stabilité politique, dont le Maroc est un modèle, mais aussi, l’existence d’un corpus de normes, facilitant leur réalisation. Par ces facilités, il s’agit d’instaurer une véritable politique d’attractivité. A cet effet, différents instruments juridiques, tantôt restrictifs, tantôt libéraux, ont été adoptés depuis l’indépendance, selon la méfiance, légitime, que peuvent, en certaines circonstances, susciter les capitaux étrangers. Ces instruments, qui constituent en définitive le droit marocain des investissements étrangers, vont des dispositions de droit commun, aux dispositions spéciales, en passant par les instruments conventionnels multilatéraux et bilatéraux. Cette étude, sans épuiser le sujet, réalise une présentation dynamique de ces instruments en deux axes. Le premier appréhende la richesse du dispositif normatif de l’accueil de l’investissement étranger ; le second met en articulation les moyens d’une sortie, qu’elle soit contentieuse ou non / To ensure sustainable economic growth, Morocco mobilizes various funding resources such as foreign direct investments. Among the determinants of these), there is political stability, of which Morocco is a model, but also the existence of legal standards making their realization easier. By these facilities, is real policy of attractiveness is aimed. For that purpose, various legal instruments, sometimes restrictive, sometimes liberal, have been adopted since the independence, according to legitimate concerns that foreign capital may raise in certain circumstances. These instruments, which ultimately constitute the Moroccan foreign investment lax, vary from general and special provisions to multilateral and bilateral conventional instruments. This study, without exhausting the subject, makes a dynamic presentation of these instruments regarding two main dimensions of an investment process: entry and exit. The first captures the richness of the normative framework related to foreign investments’ reception, whereas the second highlights in case of their exit, either contentious or not

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.

This thesis sheds new light on the study of law in Japan by exploring legislative interventions and dispute resolution processes in the Japanese field of employment. The academic literature about the legal system of Japan has produced valuable research about various areas of Japanese law, from attempts at explaining patterns of rights assertion in the country to more recent studies about the legal reforms launched by the government of Japan starting from the 2000s. However, it has rarely considered the employment field as a fruitful subject for research. Nonetheless, in the past thirty years, employment has been one of the areas of Japanese law to experience considerable reform. Against the backdrop of the changes in the composition of the Japanese workforce and the bursting of the economic bubble of the beginning of the 1990s, the government of Japan assumed a more prominent role in the regulation of employment relations. In light of these developments, this thesis contributes to the debate on the role of law in Japan by examining this rarely investigated area of the Japanese legal system. Specifically, it focuses on the legislative interventions of the Japanese government to regulate the peripheral workforce of the labour market, namely women and part-time workers, and procedures for the resolution of employment disputes. In doing so, it demonstrates that the efforts of the legislators to enhance the creation of a more inclusive labour market have been fundamentally constrained by ideological and institutional factors, and resulted in an uneven distribution of legal resources among workers which exacerbated existing employment status divisions. This, in turn, has translated into unequal access to justice, affecting the extent to which different categories of workers can obtain redress through the legal apparatus.

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.

The lock-out is accepted as a necessary element of collective bargaining. The law relating to lock-out is considered as a legitimate instrument of industrial action. There are a number of procedural requirements for a legal lock-out. The dispute should be referred to a bargaining council (or where there is no bargaining council with jurisdiction, to a statutory council) or, failing which, the Commission for Conciliation, Mediation and Arbitration. If the bargaining/statutory council or the commission fails to resolve the dispute, it is no longer required that a ballet should be brought out in favour of the contemplated lock-out before the lock-out could be legal: all that is required is that the period of notice of the intended lock-out is given. The lock-out may either be protected or unprotected. It is protected if it is not prohibited absolutely and the various procedural requirements have been complied with. The protected lock-out is immuned from civil liability. On the other hand a lockout will be unprotected if it does not comply with sections 64 and 65 of the Labour Relations Act, 1995. In the circumstances the Labour Court has exclusive jurisdiction to grant an interdict or order to restrain any person from participating in unprotected industrial action and to order the payment of just and equitable compensation for any loss attributable to the lock-out. Lock-outs are prohibited in specific instances and allowed with some qualifications in others. For example, employers engaged in the provision of essential or maintenance services are prohibited from locking their employees out in order compel them to comply with their demand. Such essential services are Parliamentary services, the South African Police Service and a service the interruption of which endangers the life, personal safety or health of the whole. A distinction is also drawn between offensive and defensive lock-outs. Defensive lock-outs involve the closure of an employer’s premises or the shutting down of its operations during industrial action initiated by workers. The offensive lock-outs, also known as “pre-emptive lock-outs”, amount to an employer initiated form of industrial iv action where the premises are locked and workers are excluded and prevented from working. The law relating to lock-out in South Africa is clearly put in its proper perspective by the interim Constitution of the Republic of South Africa 200 of 1993, final Constitution of the Republic of South Africa 108 of 1996, Labour Relations Act 66 of 1995 and in Ex Parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa.1 However the situation is unsatisfactory to employers. The interim Constitution guaranteed the “right to strike” and “recourse to the lock-out”. Under the final Constitution lock-outs enjoy no direct protection. The Constitutional Court’s certification judgement rejects the view that it is necessary in order to maintain equality to entrench the right to lock-out once the right to strike has been included. The Constitutional Court concluded that the right to strike and the right to lock-out are not always and necessarily equivalent. However the purpose of the lock-out is to settle collective dispute of the ways permitted by the Labour Relations Act, 1995. The purpose is not to terminate the relationship between the employer and the employee. The employer may not, for example, dismiss employees finally at the end of an unsuccessful lock-out in order to avoid the consequences of impending strike action by the employees.

History has proven time and time again that conflict is an inevitable aspect of any given society. The seemingly long-standing nature of conflicts in Africa has been changing over time and these conflicts have been either inter-state or intra-state. However, sometimes intrastate wars have escalated into regional conflicts. These scenarios can be seen in the Great Lakes region of Africa where you have the civil war of 1996-7 and the rebellion, which began in 1998 in the Democratic Republic of Congo (DRC). In the DRC there have been at least four stages of conflict. The first is against the Belgians and secondly, the civil strife of the early 1960s. Third, is the civil strife against Mobutu and fourthly, currently against Kabila. The expanding nature of conflict is characterised by power struggles, politicisation of ethnicity, and the impact of external forces. It is noted that the expanding nature of conflict calls for a change in the methods of conflict management and resolution. Initially conflicts were resolved through military intervention. but with the complexity of African wars it has become apparent that peaceful methods are more prudent. With reference to Africa it can be assumed that conflicts need to be increasingly resolved through political means, such as the use of the diplomatic process. The conflict in Chad between 1968 and 1984 is a good example in which military intervention was used but failed, giving way to mediation and negotiation through the use of diplomacy. Both the DRC and Chadian conflicts are similar because they witnessed the influence of external forces (neighbouring countries and non-African states such as France and the US) and African states attempting to find solutions to their own problems. The conflict in the DRC provides a unique example of the changing nature of intra-state conflict in Africa. Thus, the study aims to trace the characteristics of conflict in the DRC and attempts made at conflict management and resolution. The study uses the period bet ween 1996 and 1999 because it highlights this change in the nature and character of conflict.

This diploma thesis aims to analyse specific fields of investment law in particular in the scope of the case law of international arbitration courts. The presented thesis describes the judiciary practice of arbitral institutions and its role in the forming of investment law. The thesis consists of four parts. The first part serves as an introduction into the field of investment disputes stating the basic terminology. For the purpose of a better understanding of the issues on hand it is crucial to define the relevant key terms. The second part is a history introduction about the evolution in this field followed by the analysis of the current development in investment law. The third chapter describes the various ways investment disputes can be resolved. The fourth part of the thesis is its central one, it examines the current issues in the judiciary practice of the international arbitration courts. This part is further divided into four, relatively self-contained chapters. The first chapter describes the term expropriation, which is one of the key terms of investment law. The thesis defines what is meant by expropriation in the light of the decisions of international arbitral courts and states its modalities. The second chapter deals with the definition of investment applying the so-called "tests",...