Communitarianism and harmony ideology have their proponents and critics, particularly as viewed through the lens of conciliation-based dispute resolution. Both features being prominent in the Tibetan Diaspora in India, I hypothesized that the strengths and weaknesses of these orientations could be assessed through the rationale behind the norms of social control operative in the community, and the efficiency and effectiveness of those norms in terms of voluntary compliance. I found that the informal Tibetan mechanisms for dispute resolution were effective and efficient in supporting Indian systems of law enforcement, while allowing a ritualistic affirmation of community. Contrary to proponents of legal centralism and court justice, I found that liberalist values underpinning litigative process were disruptive of social expectations, and had the potential to exacerbate rather than relieve social tensions. The harmony norms that predispose pro-social behavior within Tibetan settlements failed to protect the interests of community members, however, when the challenge came from local Indian groups operating on the basis of their own standards of particularistic allegiance. Legal ethnography best describes the methodology used for this research. Fieldwork drew on: 1) Interviews with twelve settlement officers whose mandate specifically includes mediation of disputes; 2) In-depth interviews with two disputants fighting cases before the Tibetan Supreme Justice Commission; and 3) Interviews with over 70 informants (including senior and mid-level exile government officials and settlement residents), together with archival material, to situate findings and verify interpretations. This research contributes a unique non-Western body of data in support of Law and Society scholars, such as Amitai Etzioni and Phillip Selznick, who have argued for devolution of law-like responsibilities to local levels where internalized norms are an everyday means of social control. It also argues against the pejorative interpretation of harmony ideology as depicted by legal centralists such as Laura Nader. By reframing harmony as a function of norm rationale, efficiency and effectiveness, the research offers new variables for assessing the costs and benefits of community. Finally, the Tibetan case studies provide an important comparative for cosmopolitan states that are debating how to accommodate diversity and legal pluralism. / Graduate and Postdoctoral Studies / Graduate

South African labour laws have undergone tremendous amendments before and after independence. This paper focuses on the development after independence, therefore section 34 of the Constitution of 1996, provisions of the Labour Relations Act of 1995 and other laws which deal with labour matters and regulate the labour relations and disputes in the country will be considered. The labour laws in South Africa provide inter alia for the dispute resolution mechanisms, the manner on which disputes should be handled by different organs which are empowered to do so. My focus will be to see how alternative disputes resolution processes of conciliation and arbitration in the Eastern Cape Province aim to transform the South African and global labour market by promoting an integrated simple, quick but efficient and inexpensive dispute settlement services in order to reduce the back log of cases, maintain labour peace, promote democracy at workplace with the view of advancing economic and social justice.

Conflict is an inherent part of any service relationship, and is one of the important methods of effective organisational functioning. Depending on its management, it has both constructive and negative outcomes. The most extreme outcome of conflict in an industrial relationship is a strike. The South African Public Service strike of 2007 was the most protracted and united strike in the history of South Africa. In order to provide an insight into this strike, this treatise explores the following key aspects: • To present a short background of collective bargaining in the public sector through time. • To provide a short background to the public sector strike in 2007. • To develop a conflict model for analytic purposes based on a literature review and to use the conflict model to analyse the strike. A study of the strike was deemed essential because of its current nature and it being charged with political undertones. Moreover, conflict in the employment relationship has had an important influence on theories of industrial relations. The South African labour relations system is pluralist in nature, with a focus on the formal institutions of industrial relations. The focus should be on the motives and actions of parties in the employment relationship. Hence, one should look beyond conventional explanations in understanding conflict.

Magister Legum - LLM / This research will chart and navigate the early stages in the development, conceptualisation, and formulation of Islāmic law and the concept of ṣulḥ as a mechanism of legal redress in Islāmic law (Sharī’a). The research shows that firstly, the mechanism is deeply rooted and embedded in scriptural (Qur’ānic) and extrascriptural text namely the corpus of Ḥadīth. There is a plethora of instructions to prove that reconciliation is indeed a lofty goal which is rewarded as an act of worship. Like many other aspects of the Sharī’a, ṣulḥ is regulated by provisions of the scripture and extra-scriptural sources considered by Muslims as the (Sharī’a). Secondly ṣulḥ is also the preferred method of alternative dispute resolution because it is fluid, contractual, expeditious and one of the most effective ways of solving different types of disputes, whether commercial or family. It has therefore gained considerable traction in modern western financial industry which I think is largely due to its contractual nature and the absence of the adversarial element. As a mechanism of redress, ṣulḥ is governed by Islāmic law of contract which takes the form of an agreement which can be mutually negotiated between two or more parties. Of late it has also become the mechanism of choice in family and marital disputes.

En el contexto de las disputas de construcción bajo la Cláusula 20° de los modelos contractuales FIDIC, este artículo analiza una situación muy particular de conflicto entre las funciones de un dispute board y las atribuciones de un árbitro de emergencia y sus implicancias en el contrato.

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El presente trabajo de investigación tiene por finalidad analizar cómo la figura del Dispute Board, usada internacionalmente como un mecanismo alternativo de solución de controversias de índole privado, ha servido de base para la incorporación de la Junta de Resolución de Disputas en la normativa de contratación pública peruana. No obstante que la figura está incorporada en la legislación peruana, las partes involucradas en el contrato no están implementando este mecanismo en la ejecución de los contratos de obras, debido al desconocimiento de los beneficios y la falsa percepción respecto de los elevados costos que tendrían que asumir. Cabe precisar que el costo de su implementación se diluye en la obtención de beneficios tales como evitar dilaciones excesivas en los plazos pactados, que a la larga se materializan en mayores costos y en una entrega tardía de la obra, en perjuicio de la población. En ese contexto, con el objetivo de destacar los beneficios de la implementación de este mecanismo en la ejecución de obras públicas, se ha considerado oportuno analizar los antecedentes históricos, las características, los beneficios del Dispute Board y su reglamentación en las instituciones de solución de controversias más representativas a nivel internacional, así como la regulación de la Junta de Resolución de Disputas en nuestro país, las opiniones y aportes de diversos expertos nacionales e internacionales sobre la materia, para finalmente emitir una serie de conclusiones y recomendaciones que consideramos importantes. / The purpose of this research work is to analyze how the figure of the Dispute Board, used internationally as an alternative mechanism for solving private disputes, has served as the basis for the incorporation of the Dispute Resolution Board in public procurement regulations in Perú. Despite the fact that the figure is incorporated into Peruvian legislation, the parties involved in the contract are not implementing this mechanism in the execution of contracts, due to ignorance of the benefits and the false perception regarding the high costs they would have to assume. It should be noted that the cost of its implementation is diluted in obtaining benefits, such as avoiding excessive delays in the agreed deadlines, which in the long run materialize in higher costs and a late delivery of the work, to the detriment of the population. In this context, with the aim of highlighting the benefits of the implementation of this mechanism in the execution of public works, it has been considered appropriate to analyze the historical background, characteristics, benefits of the Dispute Board and its regulation in the institutions for the resolution of disputes. most representative controversies at the international level, as well as the regulation of the Dispute Resolution Board in our country, the opinions and contributions of various national and international experts on the matter, to finally issue a series of conclusions and recommendations that we consider important. / Tesis

Campus mediation programs (CMP's) experienced a rapid growth in higher education institutions from 18 programs in 1990 to more than 200 programs in 1998 (Warters, 2000). During that period, CMP's became a widely accepted approach for addressing conflict within US colleges and universities. However, recent data indicate that there are just over 100 programs which points to a decline and raises questions as to the value of campus mediation programs to higher education institutions. A hindrance to addressing the questions raised has been the limited amount of empirical research and published data on evaluation use within campus mediation programs. Accordingly, the purpose of this study was to gather information from US campus mediation program directors regarding their use of program evaluation in order to suggest ways to improve their evaluation efforts. Campus mediation program directors were surveyed on their perceptions of evaluation use in their respective programs. This study was conducted over a period of six months using a web-survey and follow-up telephone interviews. The web-based survey used in this study was adapted from an online campus mediation program survey developed by Rick Olshak and modified. The web-survey consisted of four sections: Demographics, Description of Services, Evaluation and Program Profile. The population consisted of 108 campus mediation program directors in US higher education institutions who were solicited for this study and agreed to participate. Of the 108 directors, there were a total of 59 respondents representing a 55% response rate. There were nine respondents who participated in a follow-up telephone interview. Data analysis for the research questions utilized rank order, frequencies, and averages; supplemental analyses utilized an independent samples t-test, one-way ANOVA's and Pearson correlations. Results indicated that evaluation received one of the lowest priority ranking as a program goal, however, most of the directors indicated that they would be very interested in learning different ways of improving their evaluation methods and having a standard evaluation process. The most prevalent concerns and recommendations from the telephone follow-up interviews focused on acquiring buy-in of administration and campus affiliates, improving program surveys, addressing budget cuts and decreasing high staff turnovers. / Educational Psychology

La investigación en curso analiza la naturaleza jurídica del arbitraje teniendo en cuenta lo resuelto por el Tribunal Constitucional, en la sentencia 06167-2005-PHC/TC, ya que asume que el arbitraje constituye jurisdicción, sin embargo, no se tiene en cuenta que existen otras posturas que explican dicha naturaleza como la teoría contractual, procesal, ecléctica y autónoma. Así mismo, el actual trabajo constituye una investigación básica, porque tiene como objeto de estudio el análisis documental de diversos trabajos ya realizados por otros autores, según el cual puedo establecer que el arbitraje es un mecanismo particular de solución de disputas, por lo tanto tiene naturaleza contractual, que nace en el convenio o acuerdo entre las partes. / The ongoing investigation analyzes the legal nature of arbitration taking into account what was resolved by the Constitutional Court, in ruling 06167-2005-PHC/TC, since it assumes that arbitration constitutes jurisdiction, however, it does not take into account that there are other positions that explain this nature such as contractual, procedural, eclectic and autonomous theory. Likewise, the current work constitutes a basic research, because its object of study is the documentary analysis of various works already carried out by other authors, according to which I can establish that arbitration is a particular dispute resolution mechanism, therefore it has contractual nature, which is born in the agreement or agreement between the parties.