DIPLOMA THESIS Denisa Budilová : Institutional framework of alternative dispute resolution in sport ABSTRACT The aim of this thesis is description and analysis of institutional framework, through which sport disputes are solved outside the State courts' jurisdiction. The thesis also delimits mutual relation between jurisdiction of sport organisations' bodies on one hand and State courts' jurisdiction on the other hand. The text is divided into seven chapters. A brief introduction is followed by second chapter, in which I focus on sport in general, its relations to law, I am exploring relations that may arise within the sport, and outlining on several examples what disputes may arise from those relations. Separate subsections are devoted to normative regulation of sport's relations and question of sports law. Third chapter is focused on Czech legislation on alternative dispute resolution in sport. I particularly deal with possibilities of alternative dispute resolution according to the Czech Arbitration Act (1994). The following section deals with dispute resolution based on sport associations' autonomy; I focus on current legislation and related case-law, as well as on proposed legislation to be enacted with respect to ongoing recodification of Czech private law. Fourth chapter provides an analysis of...

Like many countries around the world, the United Arab Emirates (UAE) encounters severe congestion in its court system. In a system with three tiers of trial, a lawsuit might stay in the court for years before reaching final judgment. As a result, the legislature in the UAE barred the parties from filing any civil lawsuit in the court before having it reviewed by one of the newly established Conciliation and Settlement Committees. The committee, which is composed of a judge and two laypersons, attempts to resolve the dispute in an amicable way through applying nonbinding conciliation. Because of the insignificant amount of studies about the committees, many unforeseen issues and troubles have emerged. Many lawyers were also skeptical about the committees' role and contribution to resolve the delays in the court system. This distrust was due to their belief that these committees are nothing but another hurdle in the trial procedure. Thus, an extensive study is needed to address these issues. This study is the first in the UAE to address the committees' role and it aims to correct any misconceptions related to the role of the committees by evaluating their role and demonstrating their effect in reducing the number of lawsuits in courts. It utilizes the well-known American jurisprudence in the ADR field in order to explain and predict flaws that might exist in the system. The study shows that utilizing nonbinding ADR is not new to the UAE judicial system and that the legislature approach has proven to be effective in reducing judicial congestion. This study will pioneer the ADR library in the UAE and contribute, generally, to the advancement of the judicial system in the UAE, specifically, to the Conciliation and Settlement Committees / acase@tulane.edu

Konfliktai egzistuoja tiek, kiek ir pati visuomenė, tačiau dar niekam nepavyko atrasti tobulo mechanizmo jiems spręsti. Iš daugelio alternatyvių ginčų sprendimo būdų šiame darbe autorius nagrinėja tik vieną – mediaciją – į interesus nukreiptą konflikto sprendimo procesą, kurio metu neutralus ir nešališkas asmuo skatina ir padeda konfliktuojančioms šalims pasiekti jas abi tenkinantį sprendimą. Didelės išlaidos ir sprendimų priėmimo vilkinimas asocijuojasi su teisminiu civilinių bylų nagrinėjimu. Todėl žmonėms reikia naujo būdo, įgalinančio spręsti ginčus daug efektyviau. Vis labiau pripažįstama, kad būtent mediacija padeda išsaugoti tarpusavio santykius, nustatyti tikrąsias ginčo priežastis, jaustis vertinamiems teisingai ir sąžiningai, su pagarba ir nepažeidžiant asmens orumo. Tai pavyksta dėl keleto esminių priežasčių. Pirma, taikant mediaciją nenustatinėjama kaltė ar nekaltumas. Antra, šalys yra lygios, ir pačios nusprendžia, koks sprendimas geriausias. Trečia, teismo procesas šalims yra įtemptas, tuo tarpu mediacijoje nėra trikdančių formalumų. Lietuvoje prielaidos mediacijai atsirado tik 2003-01-01 įsigaliojus naujajam Civilinio proceso kodeksui. Taikant mediaciją gali būti sprendžiami iš esmės daugiausia civiliniai ginčai kylantys iš šeimos, rangos, nuomos, darbo santykių, taip pat komerciniai ginčai, nesutarimai tarp kaimynų ir bendruomenių, vartotojų ir verslininkų, privataus kaltinimo bylos, ginčai dėl intelektinės nuosavybės ir kt. Nepaisant to, kad kol kas nėra... [toliau žr. visą tekstą] / Conflicts exist as long as all society, but nobody could devise a perfect mechanism for resolving their disputes. Of all the existing methods of alternative dispute resolution, in this job author will speak only about the one – mediation - an informal method of dispute resolution, in which a neutral third party, the mediator, attempts to assist the parties in finding resolution to their problem through the mediation process. The high cost and long delays is associating with trial of civil matters. That’s way human needs the new way, which could help them to resolve conflicts more effectively. More and more we recognize the mediation as a process for saving relationship, finding the main reasons of dispute, also people are treated with respect in this procedure, they can save their dignity. There are some reasons for this point. First, mediation has no goal to find the guilty or innocence. The second, parties are equal and they can decide which settlement is the best in this situation. Third, litigation is always stressful, while mediation has no disconcerting formalism. Premises of mediation have come in Lithuania only with new Civil Code. By applying mediation can be resolved mostly civil matters as divorce, commercial treaties, employment. There is no direct regulation in Lithuanian domestic law, but we can find some regulations in various legal documents and international treaties. Direct procedure of mediation process is also not regulated, but the essential principles... [to full text]

This research undertook a case study of the intergovernmental Alternative Dispute Resolution (ADR) process administered by the Ministry of Community Development (MCD) in the province of British Columbia (BC), Canada. This study used concurrent nested mixed research methods in order to discover how best to deliver, monitor, measure, and communicate MCD’s ADR process. The dominant research approach used was qualitative and involved informal interviews and document analysis. The purpose of the interview portion of the research was to flesh out descriptors and perceptions of MCD’s ADR process with the objective of coming to a greater understanding of current and potential delivery, monitoring, measurement, and communication mechanisms most appropriate for the ADR process. The interviews undertaken in this research also provide the opportunity for MCD staff to deliver feedback on, and offer insights into, the research. The document analysis portion of the research involved a textual analysis of MCD’s electronic and print ADR process communications in order to build on the descriptors and perceptions identified in the interviews, providing for a more full understanding of the ADR process and the delivery, monitoring, measuring, and communication strategies best suited to it. The nested quantitative portion of the research involved the use of secondary, anonymized data garnered from a survey prepared by MCD’s Director of Intergovernmental Relations which has been in distribution for a number of years. The survey used a Likert scale to measure process indicators. Data from this survey was analyzed to generate information about how participant respondents in the ADR process perceived certain attributes of the ADR services. Potential implications of this research include: providing applied tools to monitor, measure, and communicate ADR processes, increasing accountability in government administered publicly funded programs, generating ideas around local government ADR processes, improving dispute management in increasingly complex intergovernmental relational contexts, and addressing the literature gap on ADR processes and intergovernmental relations. The general findings of this research included clarification of MCD’s ADR process mission, vision, and goals, its communication strategy, and the perspectives of facilitators on both successful and challenging aspects of process delivery. The research findings also identified gaps in process performance monitoring and measurement and discussed the implications of MCD’s ADR process survey data results. This thesis concludes with recommendations to update process mission, vision, and goals. The thesis also suggests further ways to monitor and communicate MCD’s ADR process and provides templates for doing so. Finally, this thesis identifies opportunities to strengthen practices in process delivery. In the final chapter, areas for future research are suggested including: • ADR program evaluations generally, • Provincially administered inter-local government ADR processes, • Comparative work on inter-local government ADR in other national jurisdictions, • Ways to incorporate diverse methods and cultural approaches to conflicts and disputes into inter-local government ADR processes, • Studies into BC local government perspectives on MCD’s ADR process, and • Ways in which BC First Nations governments could be included in inter-local government ADR processes.

This master of Thesis presents advantages and disadvantages of resolving international private disputes in arbitration. Arbitration is a modern method of dealing with disputes, it is one of the form of alternative dispute resolution. International arbitration provides the parties to a dispute with the opportunite to obtain a decision from a judge or judges of their own choice. Arbitration obviates a public hearing in open court by judge. Lithuania has made significant steps towards a free market economy in past decade. Therefore there was an intensive development in the area of international commercial contracts. Furthermore the growing number of commercial disputes arose and development on international commercial arbitration laws was in the great need. Nevertheles the practice of local courts and recources of doctrine are very poor, that‘s the main motive to investigate advantages and disatvantages of resolving disputes in arbitration in this thesis. Dispute resolving in arbitration has more advantages than disatvantages. It is an effective and convenient technique of resoving international privatel disputes. Arbitration offers advantages over litigation as a way of enabling disputes to be resolved relatively quickly and simply without the need to go to court. The thesis is made of four parts. The first part presents international arbitration and procedure of international disputes resolution in arbitration. The second part analizes differences between arbitration and... [to full text]

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

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...

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.