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This study explores the nature and significance of consumer dispute processes in China. It examines access to consumer justice issues, with particular reference to both consumer experience and the roles that the state, legal professionals and other social actors play in the consumer dispute processes. It focuses on one local area (Shenzhen, China) and uses an in-depth ethnographic approach to offer a realistic picture of consumer dispute resolution in China's socialist market economy. The principal question addressed is: how are consumer disputes resolved in this part of China today? The study analyses consumer dispute resolution practices in terms of various channels, including the handling of cases in the Consumer Council, the regulator's reporting system, the courts, the media, and online platforms. It determines that mediation or tiaojie in Chinese (by whatever provider) continues to be the dominant type of consumer dispute process. However, the style of mediation used - often differs from the approach to mediation in the common law world - is conducted by staff in public bodies and is a didactic process used largely to contain the impact of the dispute. The study also explores 'professional' consumers, who may well see themselves as ordinary consumers or mere citizens, but who develop expertise through repeat asserting of consumer rights in various consumer dispute processes. These professionals are regarded in this study as a modest form of 'consumer citizen' in China, and their activities do encourage reforms, despite sometimes hostile official attitudes. The present work contributes to our understanding of consumer protection and legal developments in China, and through its analysis of the China case offers contributions to the more general literature on dispute resolution, consumers' access to justice, and consumer protection.

<p> Conflict typically is associated with negative and destructive connotations within organizations. However, a shift is taking place in workplaces to view conflict through a positive frame and to consider conflict as an opportunity to establish an environment that is more creative and innovative while identifying ineffective policies, behaviors or actions. This study was developed to examine how organizations can enhance conflict management competencies to empower leaders and employees to manage conflict by employing problem-solving tactics and collaborative approaches. Furthermore, this study was designed to understand what strategies and practices leaders and specialists in the field of Alternative Dispute Resolution utilize to promote conflict management skills. Additionally, the research sought to identify the challenges these individuals encountered when implementing conflict management interventions in organizations, understand how success was measured, and determine recommendations to develop conflict management competencies. Fifteen Alternative Dispute Resolution leaders and specialists participated in this phenomenological study by voluntarily responding to 12 semi-structured interview questions. Based on the participants&rsquo; responses 46 themes emerged across the four research questions. Strategic conflict management planning, engaging stakeholders in the process, consensus building, and convening and inquiry were the top strategies and practices mentioned by the participants in the study. When facing challenges during an implementation of conflict management interventions the theme commonly mentioned was lack of stakeholder engagement and how participants managed obstacles was through being agile and emphasizing positive communication. Measurements of success used by the participants that ranked highest were receiving feedback on process and outcomes, metrics on conflict/issue, and organizational performance metrics. The top theme that surfaced among all participants was how they developed conflict management competencies through a combination of experience and various formal training. The participants indicated the desire to have further conflict management training and education earlier in the career. Based on the research the following three frameworks were developed to enhance conflict management competencies in organizations (a) problem-solving culture framework, (b) conflict management intervention model, and (c) conflict manager competency paradigm. </p><p>

71 Abstract Mediation as an alternative manner of dispute resolution The topic of this thesis is mediation, as a form of settlement solution carried out of court. Mediation is in the Czech Republic still very topical. Its growing use can help to reduce the workload of courts. The aim of this thesis was to introduce mediation in general, to discuss the legal regulation of mediation in civil cases in the Czech Republic and critically analyse it. Apart the introduction and conclusion the thesis contains seven chapters in total. The first chapter defines mediation as one of the alternative methods of dispute resolution. Subsections provide a definition of mediation, comparison between mediation and court and arbitration proceedings, and discuss the benefits of resolving the dispute through mediation. The second chapter is focused on the development of mediation. After a brief introduction, it deals with the development of mediation in the United States, Europe and finally in the Czech Republic. Subsequent chapters describe mediation method itself and its theoretical bases. The third chapter discusses the fundamental principles that are applied in the mediation. The fourth chapter provides the basic definition of mediation styles. The following chapter discusses a mediator, his qualification, role,...

Magister Philosophiae (Land and Agrarian Studies) - MPhil(LAS) / This dissertation aims at understanding the legal implications of a grazing dispute that was reported in the western Kavango Region a few years after Namibia’s Independence in 1990. This dispute which was between Ovawambo cattle owners and herders from the Ohangwena and Oshikoto regions and the local Vakwangali community members (represented by the UKTA) was reported in 1992 (other reports suggest that it might even have originated as early as the 1960s and 1980s), when it was said that the Ovawambo cattle owners and herders with their hundreds of cattle had entered into western Kavango “illegally” in search of grazing. The Ovawambo cattle owners and herders were first charged in 2005 and were eventually evicted in 2009. This dissertation looks at how legislation was used to deal with the conflict and investigates the impacts of the court order on all parties involved. The methodology employed during this study was predominantly qualitative, mainly utilising individual interviews and focus group discussions with the participants. This study found that the Government of Namibia had delayed acting on the grazing dispute for mainly political reasons. The study also found that many herders had indeed entered western Kavango Region illegally because they could not provide any letters of consent from the Ukwangali Traditional Authority (UKTA); many herders also admitted that there were no written agreements between themselves and the UKTA. The research also found that although the eviction orders were issued to all the herders, some still remained in the area; this selective application of the law rendered the eviction order somewhat ineffective. The study found that some local or affected community members were satisfied with the consequences of the eviction order and reported positive results regarding their farming activities such as better grazing and improved yields in their crop fields. Other community members, however, were disappointed by the refusal of certain herders to vacate the area, as well as by the failure of the government to ensure that all the herders had left the area.

This thesis examines the promises and challenges of internal dispute resolution (IDR) in the corporate workplace of Canada and the United States. The focus of inquiry is twofold: a theoretical and socio-historical study of the corporation followed by a practical analysis of dispute resolution of human or civil rights. The examination of the role of the corporation begins with a review of the statutory and jurisprudential underpinnings of the "corporate person," which have legitimized the corporation and its powerful place in society. Such power, sanctified by the law, impacts not only society at large but also employees of the corporation. Internalization of legal systems into the corporate workplace has shifted some dispute resolution responsibilities from the public to the private domain, relegating further power to the corporation. This public to private shift has deputized the corporation as an enforcer of its employees' civil rights. Two predominant theories of the corporation - the Contractarian and Communitarian - provide understanding about power relationships among the corporation and its constituents. U.S. and Canadian courts and legislatures have demonstrated a preference for the Contractarian theory, which holds that the corporation is a nexus of contracts, and that firm managers should prioritize its contract with its shareholders, governing the corporation so as to maximize shareholder wealth. A careful examination of corporate theory and governance illustrates the corporation's conflict of interest in holding shareholder interests primary while resolving employment disputes. The power differential between the corporation, as agents of its shareholder principals, and employees presents the greatest challenge in equitably resolving employment disputes. The practical aspects of internal dispute resolution in the corporate workplace focus on the potential benefits and risks to employees. In-house mediation, with certain procedural safeguards, has potential for benefits that outweigh risks to individual employees. Building on principles and structures of formal procedural fairness found in courts of law and administrative tribunals, five essential features can best guarantee fairness in IDR: voluntary participation, retention of employees' right to judicial review, prohibition against reprisal for raising the dispute, use of an external mediator, and oversight of the corporation's IDR program by a neutral, external body. / Law, Peter A. Allard School of / Graduate

This thesis focuses on the current court mediation institution in China against the worldwide movement of alternative dispute resolution in searching for more consensual and more efficient ways of resolving disputes. When the West is seeking more informality-oriented forms of dispute resolution, China, on the other side of the world, is making great efforts to improve its formal justice system rather than conventional means of dispute resolution like mediation. This thesis attempts to identify the role court mediation has played in Chinese legal history, to explore its current functions, to examine the rationale underlying the system, and to suggest its future reform. The economic analysis of law, particularly Posner's economic analysis of civil procedure and the Coase Theorem, and the ideas of Rawls' theory of justice provide theoretical underpinnings for this study. A review of these classical theories is conducted from the perspectives of efficiency and fairness. Although it is generally understood that both efficiency and fairness cannot be equally achieved by a legal policy, a good one should be concerned with both efficiency and fairness. The article concludes that the balance between efficiency and fairness should be presented in an optimal court mediation form. China's court mediation has remained an important means of dispute resolution, but left much to be improved. The author argues that the current court mediation is not as successful as it declares; it is, in fact, neither efficient nor just. The existing law governing court mediation does not provide a clear function and purpose for court mediation, nor does it consider the efficiency and fairness of court mediation. In practice, although it remains the dominant position in resolving disputes, it is merely a substitute for adjudication rather than a substantive alternative dispute resolution. By analyzing the current allocation of cases for different dispute resolutions, the author suggests that considering the overloaded court caseloads and the lack of a variety of alternative dispute resolutions in today's China, court mediation should be preserved, but thoroughly reformed, as a more acceptable and efficient means of resolving disputes. Upon its reform, this conventional means of dispute resolution with Chinese characteristics will play a positive role in the future. / Law, Peter A. Allard School of / Graduate

In philosophy, there is much discussion about whether disagreements about taste, such as whether a certain wine is delicious, and ontological disagreements, such as whether temporal parts of ordinary objects exist, are substantive disagreements or verbal disputes. The main goal of this thesis is to investigate what substantive disagreements and verbal disputes amount to. The first two parts of this thesis examine whether the various authors offer convincing characterisations of substantive disagreement and verbal dispute and whether they analyse disagreements about taste or ontological disagreement in a compelling way. In the final part, the previously introduced characterisations are compared and assessed, and widely accepted necessary or sufficient conditions for substantive disagreement and verbal dispute are identified. Additionally, an explanation is given as to why disagreements about taste and ontological disagreements are assessed so differently by the various authors.

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