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Submitted in partial fulfilment of the requirements for the degree Master of Management in Public Policy (MMPP) in the Governance School, Faculty of Law, Commerce and Management, University of the Witwatersrand / It is human nature to pursue happiness. This pursuit of happiness is in many cases obtained through hard work. People work in order to provide for their families and they obtain satisfaction if their families are happy with their provision. It is thus never an employees’ motive or desire to be dismissed from work or have bad relations with his/her employer. It is important to minimize conflicts between employers and employees in any country because it helps reduce the socio-economic problems that these conflicts may foster in societies. Governments use labour laws and policies to manage labour disputes. However, if these policies do not seem to be achieving what they are supposed to then that may suggest policy failure. This study looked particularly at the effectiveness of institutions dealing with labour dispute resolution in Lesotho. The purpose of the study was to establish reasons for why, despite all the legal frameworks relating to labour relations in Lesotho, there seems to be an escalation of disputes. It was found that lack of public participation, especially of employees and employers, in the formulation and implementation of policies, laws and regulations relating to labour relations leads to the escalation of disputes. This simply means that involving stakeholders in issues that affect them from the onset can reduce the level of disputes because the majority would have understood what labour relations entails. A qualitative study was used and data was collected through one-on-one semi-structured interviews with 31 participants, focusing on people who are mostly affected by labour relations in Maseru, the capital of Lesotho. The participants were chosen purposively to suit the study being undertaken. However, data collection was a limitation to this study because it was difficult for the researcher to secure appointments with participants. The study made the following recommendations: it is through the effectiveness of institutions that labour disputes can be reduced, especially Ministry of Labour and Employment (Department of Labour), Directorate of Dispute Prevention and Resolution (DDPR), labour court, and labour appeals. However, the social partners, especially trade unions and employers’ organizations, also play a critical role in ensuring wellfunctioning labour relations are in place. / MT2016

Magistro baigiamasis darbas skirtas apžvelgti vienai iš civilinių ginčų sprendimo procedūrai – taikinamajam tarpininkavimui. Darbe apžvelgiamas bei analizuojamas taikinamojo tarpininkavimo teisinis reglamentavimas, šios procedūros taikymo civiliniuose ginčuose pagrindiniai privalumai, trūkumai, principai, dabartinė tarpininkavimo teisinė ir praktinė aplinka. Lietuvoje taikinamojo tarpininkavimo procedūra įtvirtinta 2008 m. priėmus Lietuvos Respublikos civilinių ginčų taikinamojo tarpininkavimo įstatymą. Darbe analizuotos šio įstatymo nuostatos, kiti tarpininkavimą reglamentuojantys teisės aktai, teorija ir praktika. Analizės pagrindu pateikiamos išvados ir pasiūlymai. Darbas naudingas tuo, kad jame pateikiama civilinių ginčų taikinamojo tarpininkavimo sampratą formuojantys elementai: apžvelgiama teisės aktuose naudojama terminologija, suformuluojami taikinamojo tarpininkavimo tikslai, nustatomi pagrindiniai privalumai ir trūkumai. Remiantis šiuo darbu galima toliau tęsti tyrimus apie taikinamojo tarpininkavimo procedūros reglamentavimą, efektyvumo didinimą, Teisminės mediacijos Lietuvoje tobulinimą, platesnį tarpininkavimo taikymą civilinių ginčų sprendime. / Master's final thesis dedicated for an overview of one of the civil dispute resolution procedure - conciliatory mediation. The thesis provides an overview and analysis of the conciliatory mediation legal regulation, main advantages and disadvantages of this procedure in civil disputes, the principles of mediation, current legal and practical environment. The procedure of conciliatory mediation established in 2008 by adoption the Law of Republic of Lithuania on Conciliatory Mediation of Civil Disputes. The provisions of the law, other legislation, theory and practice are analyzed in this thesis. There are conclusions and suggestions provided according to analysis. This thesis is useful because it provides conciliatory mediation of civil disputes concept-forming elements: an overview of the terminology used in legislation, the framing of the conciliatory mediation objectives, identified main advantages and disadvantages. Following to this thesis, there are possible to continue research on the conciliatory mediation procedure regulation, efficiency, improvement of Court mediation in Lithuania and a wider application of mediation in civil disputes resolution.

The World Trade Organization was created to promote free trade and govern multilateral trade agreements as a fair and non-discriminating body. Literature on participation challenges this assumption of partiality and suggests the presence of a bias within the organization’s dispute settlement system. Previous studies have proven that the fear of retaliation is the most decisive factor when considering litigation. Other studies have suggested that sizeable expected benefits from dispute settlement have a greater impact on participation. Given the emergence of new members such as China, Ukraine and Taiwan these results are subject to change. In order to test the suggested hypotheses, a new dataset ranging from 2001-2010 was build to account for some of the changing trends in participation. While the results from the sector specific analysis failed to provide significant support for fear of retaliation, they showed evidence that expected returns motivate the initiation of litigations. Findings also suggest that members, heavily dependent on agriculture, are more likely to join agri-food cases as third parties. This study will provide, through the analysis of agri-food cases, valuable insights on the changes in the behavior of participants over the last decade.

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Thesis (Ph.D.)--Tufts University, 1976. / Submitted to the Fletcher School of Law and Diplomacy. Typewritten. Includes bibliographical references (leaves 253-273). Access restricted to members of the Tufts University community. Also available via the World Wide Web;

Thesis (M.S.)--University of Wisconsin--Madison, 1968. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.

Thesis (Ph. D.)--Duke University, 2008.

Thesis (Ph. D.)--Cornell University, 1997. / Includes bibliographical references (leaves 429-449).