The protracted crises of authority that characterized the 1960s and 1970s left their imprints on a number of institutions in Canadian society. The dispute resolution arena, for one, was affected by the turmoil of this age as more informal, 'empowering' alternatives were sought to replace the disempowering procedures of courtroom adjudication. The present thesis focuses on one aspect of an ensuing 'alternative dispute resolution' movement in the Canadian province of British Columbia; namely, community mediation. In particular, it begins by looking at the rhetoric and practices through which community mediation has been deployed. Advocates tout this process as an 'empowering' method of resolving disputes because it encourages individuals to work conflict out in the 'community', thus - so their reasoning goes - limiting state intrusion into people's everyday lives. By contrast, critics of the movement argue that the deployment of informal justice actually expands state control, and contend that it does so rather insidiously under the guise of 'restricting' state activities. Close scrutiny of this debate, however, reveals significant weaknesses in both positions, mainly relating to their unnecessarily narrow definition of the 'problem'; i.e., whether informal justice expands or reduces state control. This is a highly questionable formulation, for it demands a simple response from what is a much more complex and ambiguous event. Taking its cue from more recent developments in the literature, the following analysis reconceptualizes the 'problem' by asking: what is the logic of control embodied by mediation practices in a given context? It responds to the question by developing certain Foucauldian precepts into a theory that explicates the model of power through which mediation regulates action. Its implicit objective is to understand the political rationale of mediation in order to pursue how this might be used to further social justice. Various genealogical procedures are employed to formulate such a theory by responding to four central questions. What are the wider lines of descent that have helped to produce the particular version of community mediation that now colours British Columbia's landscape? What precise model of power does the rhetoric and practice of mediation reflect? How does this informal model of power link up with the formal power of the law/state? What are the implications of this for engaging politically with community mediation, if one's aim is to achieve social justice? Responding to each of these in turn supplies the basic thesis of the following text. In brief, I argue that community mediation has developed in British Columbia in tandem with a shift from Fordist to Post-Fordist modes of regulation (politics) and production (economics) that characterized the 1970s. Influenced by legal reforms and experiments with 'alternatives' to courts, community mediation has assumed an identity which incorporates a 'pastoral' model of power. This model is articulated to the state's 'law-sovereign' model as a 'complementary,' but subordinate, alternative. The association between these results in an indirect form of governance - 'government at a distance' - that may expand the state's potential to control people, but which is also considerably less predictable. This offers both opportunities and barriers to political action in the informal justice arena. Consequently, while the current deployment of community mediation in British Columbia tends to support the professionalised justice of the existing legal system, it may yet be possible to transform its identity through an 'alternative' politics of law that strives for social justice. / Arts, Faculty of / Anthropology, Department of / Graduate

The thesis deals with the problem of the monopoly structure of the modern justice system and the heavy regulation of most fields of dispute resolution. In this system, judges themselves comprise a self-interested group seeking relaxed regulation and increased rights from the government. The thesis describes inefficiencies and dangers stemming from the lack of market control of the modern justice system and suggests an alternative in the form of a private justice system. The purpose of this paper is to examine both the problem of successful implementation of competition into the current justice system, while describing various models as to how the private justice system could function without state control, with examples from history. This paper further examines the economic differences between private and public justice systems in terms of incentives, efficiency, the process of law creation, speed, and consumers' satisfaction, as well as the conditions under which different systems work best. The main conclusion of this paper is that society should allow all subjects desirous of opportunities to provide goods and services through new enterprises, even in areas currently the exclusive domain of the state, as doing so brings an increase in quality, speed of solution/service, and innovation.

Diploma thesis deals with the possibility of consumer dispute resolution outside the courts and its emphasis on functional approaches in the Czech Republic. Is described the Project of the Ministry of Industry and Trade for Ensuring Out of Court Settlement of Consumer Disputes which presents new opportunities for Czech consumers. The analytical part of the work represents an analysis of the functioning of the two-year pilot phase of Project, an evaluation its results on the basis of statistical data on the number of complaints, on the basis of results of ADR questionnaire and on the basis of results of questionnaire surfy aimed to general awareness about the Project. Obtained data are evaluated and suggested solutions to improve the operation of the Project.

The thesis deals with the consumer dispute and ways how to resolve it. The main aim of this thesis is to analyze and evaluate if disadvantages of court proceeding in the Czech republic still overweight its advantages, and thus whether the topic of alternative disputes resolution of consumer disputes is actual, then to give an overview and evaluation of alternative disputes resolution for consumer dispute which the Czech republic offers in the context of Community Law of the European Union, and finally to outline the development of future initiatives in this area.

At the same time resources are becoming more scarce there is an increase in the use of parks, wilderness and other natural environments for recreational purposes. This is evident in British Columbia where much of provincial parks planning is concerned with the accommodation of an ever increasing diversity of outdoor recreation activities. For a variety of reasons the people engaged in those activities do not always get along therefore resolving these social conflicts is becoming an ever larger part of recreation resource planners’ and managers’ jobs. The problem with conflict management in outdoor recreation is that the methods which are commonly used do not address the sources of conflict. Even though it is the recreationists who are experiencing conflict the focus remains on managing the resource. The traditional conflict management prescription is to separate activities that are considered to be incompatible. This action is necessary in some cases but it can often exacerbate the conflict. Since the reasons for conflict are largely sociological and psychological it is necessary that the groups in conflict get together to find a solution. Conflict management methods based on the spatial separation of activities that do not include this step will not be as effective as those that do. This thesis establishes a number of weaknesses in activity based conflict prevention by examining both the sources of conflict in outdoor recreation and the methods of conflict management which are traditionally used. These weaknesses are then considered in a two part examination. First, the conflict management policies of BC Parks are examined. Second, a closer look is taken at a specific conflict issue: the Garibaldi Master Plan and its treatment of the issue of mountain biking in the park. In general, without a formal conflict management policy in place users of BC’S provincial parks who find themselves in conflict with other users can not be assured that the sources of conflict will be addressed. In the Garibaldi Park case study, BC Parks focused on managing the resource rather than managing the social conflict that was occurring. They took steps in the right direction but failed to take the most crucial step which is getting the parties in conflict talking to each other. Even though the sources of conflict are recognized they are not the prime consideration in resolving the conflict. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate

This thesis intends to provide an argument in favour of private participation in the dispute settlement system of the World Trade Organization (WTO) as an area of the world trading system most visible to but also most removed from the influence of private actors. Private participation is understood as the direct and formal involvement of non-governmental actors in dispute resolution. It will distinguish between passive and active participation, the former addressing the flow of information from the WTO to civil society (understood as the community of all Member societies affected by the world trading system), while the later is concerned with issues of access and standing. As first step, I will develop an analytical framework for international dispute settlement systems based on the three elements of actors, material scope and procedures, as well as the underlying theoretical conceptions for each element. After having given an overview of the relevant features of the world trading system and its dispute resolutions mechanisms as set forth in the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) of the WTO, I continue by subsuming the DSU under the analytical framework. Based on the position of the DSU within the analytical framework, I will submit an argument in favour of private participation, drawing particularly from the international relations theory of liberalism. Parting from realist-institutionalist assumptions predominant in public international law, liberalism places the individual at the center of international and WTO law, opening the latter for new categories of international actors. Finally, taking into account the liberal reliance on individual rights and democratic participation, I will suggest models to implement private participation in WTO dispute settlement. My aim is to promote meaningful involvement of private actors whose interests and objectives are affected by the world trading system, with varying procedural roles reflecting their relation to the WTO's trade regime, ranging form passive participation, to party status, to amici curiae. / Law, Peter A. Allard School of / Graduate

Traditional redress mechanisms such as litigation and traditional alternative dispute resolution generally fail to strengthen consumer confidence in e-commerce. Rather they may represent an additional source of uncertainty. In particular litigation fails to offer the certainty the consumer seeks. To date, neither European nor American courts have found reliable criteria for determining Internet jurisdiction and have failed to provide consistency in their decisions. In addition, uncertainty arising from unclear concepts on the enforcement level and the high volume of disputes with low monetary value have led to the development of online ADR providers that allow individuals from across the world to settle disputes. Both online mediation and online arbitration serve consumers as appropriate instruments to enforce their rights arising out of online disputes. They are designed for disputes with small monetary value and are capable of overcoming jurisdictional obstacles. On the enforcement level, online arbitration based on the New York Convention provides the consumer with a powerful tool on global level. Online consumer arbitration can ensure a maximum of enforceability if the consumer arbitration rules of online ADR providers incorporate the requirements of the New York Convention. In addition or instead of online ADR, businesses increasingly rely on other dispute avoidance and dispute settlement instruments in order to promote consumer confidence. Some of those models employed by e-commerce companies succeed in promoting trust, while others do so only to a limited extent. In particular, mandatory credit card chargeback regimes give consumers an effective and quick means of disputing a transaction with a merchant at almost no cost. On the other hand, escrow services seem to be less appropriate for the typical small amount e-commerce transaction mainly since consumers are generally not willing to pay the added costs for the use of the escrow service for the average small amount transaction. Trustmark and seal programs provide the potential to give guidance to the consumer about consumer protection standards of the online seller before any damage is done and offer effective and inexpensive certification, monitoring and enforcement procedures. However, to date trustmark and seal systems have applied these powerful tools only to a limited extent. A proliferation of trustmark and seal programs make it hard for consumers to distinguish between differences in the programs and to assess their quality. Rating and feedback systems provide an immediate and inexpensive source of information to buyers about sellers and a strong incentive for good performance to repeat sellers. These systems are prone to abuse and information gathered through these systems is often unreliable. In my thesis I argue that traditional litigation no longer provides the most appropriate means of dispute settlement in the case of small amount crossborder consumer transactions. Neither do traditional ADR mechanisms provide the most convenient and efficient method of settling online consumer disputes. Online ADR and several other models of redress successfully replace traditional mechanisms since they better meet the challenges of online disputes and live up to recognised consumer protection principles. I argue that online arbitration based on international arbitration law such as the New York Convention presents a particularly viable instrument for the settlement of the average smallamount online consumer disputes. After having sketched the jurisdictional hurdles for the resolution of online disputes I analyse whether both online ADR and other trust-creating models are capable of providing an efficient and fair redress instrument for the consumer. For this purpose, the practises and policies of online dispute resolution providers are mirrored in recognised consumer protection principles and the international legal framework. Likewise the potential and limits of other trust-creating models are explored under the question of to what extent they serve the consumer as a viable instrument to impose her rights. The guiding questions of this evaluation will be if and to what extent these recently evolved institutions meet - according to their policies and practises - the challenges set up by the particularities of online consumer transactions. / Law, Peter A. Allard School of / Graduate

No description available.

abstract: Governance of complex social-ecological systems is partly characterized by processes of autonomous decision making and voluntary mutual adjustment by multiple authorities with overlapping jurisdictions. From a policy perspective, understanding these polycentric processes could provide valuable insight for solving environmental problems. Paradoxically, however, polycentric governance theory seems to proscribe conventional policy applications: the logic of polycentricity cautions against prescriptive, top-down interventions. Water resources governance, and large-scale water infrastructure systems in particular, offer a paradigm for interpretation of what Vincent Ostrom called the “counterintentional and counterintuitive patterns” of polycentricity. Nearly a century of philosophical inquiry and a generation of governance research into polycentricity, and the overarching institutional frameworks within which polycentric processes operate, provide context for this study. Based on a historically- and theoretically-grounded understanding of water systems as a polycentric paradigm, I argue for a realist approach to operationalizing principles of polycentricity for contribution to policy discourses. Specifically, this requires an actor-centered approach that mobilizes subjective experiences, knowledge, and narratives about contingent decision making. I use the case of large-scale water infrastructure in Arizona to explore a novel approach to measurement of polycentric decision making contexts. Through semi-structured interviews with water operators in the Arizona water system, this research explores how qualitative and quantitative comparisons can be made between polycentric governance constructs as they are understood by institutional scholars, experienced by actors in polycentric systems, and represented in public policy discourses. I introduce several measures of conditions of polycentricity at a subjective level, including the extents to which actors: experience variety in the work assigned to them; define strong operational priorities; perceive their priorities to be shared by others; identify discrete, critical decisions in the course of their work responsibilities; recall information and action dependencies in their decision making processes; relate communicating their decisions to other dependent decision makers; describe constraints in their process; and evaluate their own independence to make decisions. I use configurational analysis and narrative analysis to show how decision making and governance are understood by operators within the Arizona water system. These results contribute to practical approaches for diagnosis of polycentric systems and theory-building in self governance. / Dissertation/Thesis / Doctoral Dissertation Environmental Social Science 2020

Magister Legum - LLM / The resolution of disputes, including unfair dismissal disputes under the Labour Act 2007 is being criticised for being too complex, inefficient, protracted, expensive, and highly legalistic. This thesis would denote that the provision of proactive and expeditious dispute resolution systems helps to resolve labour disputes in the most effective and efficient manner, without necessarily having to resort to the courts. The ultimate goal is to ensure that the legal framework regulating the labour dispute system in Namibia assures the use of alternative dispute resolution (ADR) of its credibility, thereby creating confidence and enabling stakeholders to trust the system. Ideally, disputes should be resolved at the conciliation level, resulting in the minority of disputes being referred to arbitration or the Labour Court. The Office of the Labour Commissioner must be independent of the state, since the state is the largest employer, to ensure the stakeholders trust the system. However, it has been established that there are gaps between the legal framework relating to labour dispute resolution and the application of laws and regulations in practice, making the attainment of effective and efficient labour dispute resolution difficult. Therefore, the thesis will analyse the ADR in Namibia to finding out if the system is sufficient and appropriate for society’s need and to provide a recommendation for the system that is a quicker, equitable, and amicable way of resolving the disputes outside the courts through conciliation and arbitration.