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Dissertations / Theses on the topic 'Alternative dispute resolution'

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Published: 4 June 2021
Last updated: 31 July 2024

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1

Borbély, Adrian. "Managers in disputes and use of alternative dispute resolution in France." Thesis, Cergy-Pontoise, Ecole supérieure des sciences économiques et commerciales, 2012. http://www.theses.fr/2012ESEC0006.

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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
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2

Norman, Allen G. "Alternative dispute resolution and public policy conflict: Preemptive dispute resolution negotiated rulemaking." CSUSB ScholarWorks, 1994. https://scholarworks.lib.csusb.edu/etd-project/928.

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3

Eaton, David S. "Alternative dispute resolution : a viable method for settling government contract disputes /." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1993. http://handle.dtic.mil/100.2/ADA271745.

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4

Abenga, Elvis Begi Nyachieo. "Reforming the Approach to Alternative Dispute Resolution in Kenyan Industrial Disputes: A Comparative Analysis." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19743.

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Dispute resolution plays an important role in industrial relations. This is because conflicts are an inherent part in any relationship and industrial relationships are not exempt from this. To this end it is important to have a dispute resolution system that ensures efficient and effective resolution of disputes that arise in the course of industrial relationships. Efficient and effective dispute resolution is particularly important in the industrial relations arena as industrial relations attract various stakeholders, some who may not necessarily be a part of the dispute that arises, but who might inadvertently be affected in the situation of an unresolved dispute. Traditionally litigation has been the most commonly utilized medium of resolution of industrial disputes, with disputants rather choosing to take the dispute to the courts of law for adjudication and determination. However with the advent of alternative means of dispute resolution such as negotiation, mediation and arbitration, it has become paramount that these alternative dispute resolution methods be promoted for the reasons of expediency and efficiency. Regardless of the advent of such methods of dispute resolution, courts have still exercised some form of control and oversight of the dispute processes, and such oversight can be easily misused to defeat the main intention of having the alternative dispute resolution processes in the first place. This thesis discusses reforming the approach to alternative dispute resolution in Kenyan industrial disputes, so as to achieve maximum efficiency of the system. In doing this, the thesis does a comparative analysis of the systems of South Africa and Australia respectively.
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Haloush, Haitham. "Online alternative dispute resolution a solution to cross-border electronic commercial disputes." Saarbrücken VDM Verlag Dr. Müller, 2008. http://d-nb.info/991386973/04.

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6

DELLI, CARRI SERENA ANTONIA. "Alternative dispute Resolution: le ragioni dell’attuale favor conciliationis." Doctoral thesis, Università di Foggia, 2016. http://hdl.handle.net/11369/363258.

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La crisi del sistema economico e finanziario ha progressivamente paralizzato il sistema giustizia il quale ha pertanto dimostrato la sua inadeguatezza nel fornire un servizio tempestivo ed efficiente. I dati ufficiali sulla giustizia civile in Italia, come in altri paesi, evidenziano infatti le difficoltà di questo sistema nel garantire ai cittadini e alle imprese la tutela dei propri diritti. Una concatenazione di cause è alla base del fenomeno: l’eccessiva durata dei processi pare essere conseguenza diretta dell’alto tasso di conflittualità, il quale, a sua volta, va di pari passo con il della vita che determina la percezione della necessità di soddisfare bisogni secondari come se fossero primari. Questo dato, inerente alla domanda di giustizia, deve essere considerato insieme a quello dell’offerta di giustizia. La società moderna e complessa non si accontenta più del processo, il quale, soprattutto nel nostro paese, non ha dato una buona prova di se, probabilmente a causa di un periodo di riforme convulse che hanno prediletto la strada della diminuzione delle garanzie piuttosto che quella dell’immissione di denaro nel sistema. Proprio dal punto di vista dell’offerta di giustizia si colloca il tema dei metodi alternativi di risoluzione delle controversie e più in generale della convenienza o meno della diffusione di una cultura conciliativa. Il modello italiano della mediazione viene analizzato per vagliarne la rispondenza al modello classico della “mediation” anglosassone e statunitense e per spiegare le ragioni della diffidenza di quanti lo considerano una gaffe frutto di impreparazione. Assieme ai dati sulla mediazione, vengono presi in considerazione i dati sull’arbitrato, quale alternativa “per eccellenza” al processo.
The crisis of the economic and financial system has gradually paralyzed the justice system, which has demonstrated its inadequacy in providing a timely and efficient service. Official data on civil justice in Italy, as in other countries, highlight the difficulties of this system to ensure that citizens and businesses protect their rights. A concatenation of causes is the base of the phenomenon. The excessive length of proceedings seems to be a direct result of the high level of conflicts, which, in turn, goes hand in hand with improving the quality of life that determines the perception of the need to satisfy secondary needs as if they were primary . This figure, relating to the question of justice, must be considered along with the supply of Justice. Modern and complex society no longer satisfied with the process, which, especially in our country, did not give a good account of itself, possibly because of a convulsive period of reforms that have favored the path of reduction of collateral rather than placing of money into the system. Just from the supply side of justice lies the theme of alternative methods of dispute resolution and more generally the advantages and disadvantages of the spread of a conciliatory culture. The Italian model of mediation is analyzed to evaluate his compliance to the classic Anglosaxon and American "mediation" model and to explain the reasons for the distrust of those who consider it a gaffe result of unpreparedness. Along with details on mediation, they are taken into account data on arbitration as an alternative "par excellence" to the process.
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Ikpokonte, Felicia Enoch. "The application of alternative dispute resolution mechanisms in the resolution of electoral disputes: Nigeria in perspective." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29743.

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This dissertation explores the functionality of Alternative Dispute Resolution (ADR) as an effective mechanism in Electoral Dispute Resolution (EDR) in Nigeria. It considers the evolution and application of ADR in Nigeria as well as the merits and successes of ADR in EDR to assess the essentiality and suitability of ADR in EDR in Nigeria. It also examines the Nigerian electoral dispute setting and international trends in the application of ADR in EDR to determine the practicability of ADR in EDR in Nigeria. The dissertation finds that although the utilisation of ADR is desirable and suitable in EDR in Nigeria, the utilisation of ADR in EDR is not formally endorsed in Nigeria. Furthermore, the current Nigerian sociopolitical atmosphere is not conducive for the efficient application of ADR in EDR. This notwithstanding, research indicates that the adoption of a wide-ranging approach, which entails structural, legislative, institutional, political, attitudinal and socio-economic reforms, would ensure the achievement of the efficient utilisation of ADR in EDR in Nigeria. This dissertation therefore concludes that, despite the present unfavourable condition, ADR can be an efficient mechanism in EDR in Nigeria, given an enabling environment.
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Ngan, Chiu Chung. "Is mediation an effective alternative dispute resolution method to resolve building management disputes?" access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22446072a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2007.
"Submitted in partial fulfillment of the requirements for Master of Arts in arbitration and dispute resolution, LW 6409 dissertation." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
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9

Mokorosi, Mampoja Evelina. "The role of alternative dispute resolution in consumer protection in Lesotho." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16605.

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Includes bibliographical references
The absence of appropriate and effective mechanisms for consumer disputes in a legal system can result in a denial of access to justice. Consumers struggle to have their disputes settled because most of their claims are of small value and some consumers are low-income earners. Costs of litigating a claim in the formal court system are very high and the procedural formalities involved hinder consumers‟access to justice. As a result, alternative dispute resolution (ADR) seems to address that challenge as an appropriate approach to consumer disputes because it promises cost effective, efficient and fast mechanisms of resolving disputes. The purpose of this study is to examine the role of alternative dispute resolution in Lesotho in consumer protection. This is achieved by examining the available dispute resolution processes and how they function. Also, this study makes a comparison with the South African law regulating consumer protection in particular dispute resolution. It discusses ADR in consumer protection at international level as contained in the OECD report and EU Directives. The problem that exists in the market place is that bargaining power favours the sellers. As a result there are laws in place that protect consumers against manipulative or fraudulent sellers, but those laws do not mean anything to consumers if they cannot be enforced through proper channels for their benefit. Therefore, there have been various ADR mechanisms adopted by different legal systems in order to assist consumers to fully realise their rights. Some of these ADR mechanisms might be appropriate for consumer disputes but are very advanced and are not appropriate for a country like Lesotho due to the nature of consumers there and the country‟s economy. Despite South Africa being more economically developed compared to Lesotho it has introduced some of the ADR procedures which are easy to establish and seem to be working well to address consumers‟ claims. As a result, this study would recommend Lesotho to amend its laws in relation to consumer dispute resolution and revise Consumer policy which has been adopted recently.
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10

Blignaut, Colleen. "Effectiveness of conciliation as an alternative dispute resolution process in unfair dismissal disputes." Diss., University of Pretoria, 2018. http://hdl.handle.net/2263/65692.

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In its preamble, the LRA provides that one of its aims is to change the law governing labour relations by, amongst other means, promoting simple procedures for the resolution of labour disputes. The Commission for Conciliation, Mediation and Arbitration (hereafter referred to as the CCMA) was created during 1996.1 It was expected that the CCMA would have to deal with an average of 30 000 referrals nationally per year. However, it quickly became apparent that this was a gross underestimation. During the 1997/1998 reporting period, the CCMA reported that it had received 67 319 referrals. The number of referrals has continued to increase yearly, with 154 279 referrals having been received during the 2010/2011 reporting period. This trend has continued, with the CCMA for the reporting period of 2015/2016 reporting 179 528 referrals.2 The process of the referral of a dispute to the CCMA or any other dispute resolution council was engineered to be uncomplicated and cost efficient for the CCMA to be accessible to everyone, and to give effect to Section 23 of the Constitution.3 The CCMA strives for any person who has a labour dispute to be able to refer the matter to the CCMA, without requiring costly legal representation. However noble the intention for free and easy access to the CCMA may be, the limited consequences associated with dishonesty or abuse in the forum has resulted in cases of misuse by employees and reluctance by the employer to participate in pre-arbitration processes.4 In order to give effect to the constitutional ideologies through the concialtion and making the referral process of dismissal law available to dismissed employees free of charge5, the CCMA has provided a forum for employees to ventilate disputes with their employers on an equal footing. To reach a mutually acceptable agreement between the parties. However honourable the intentions of the CCMA may be in providing and facilitating the process of conciliation in disputes of alleged unfair dismissal, it is not immune to being abused by parties who may not have the best of intentions when referring a dispute to the CCMA in the first place. This study aims to identify the possible short comings of the concialtion process at the CCMA by comparing it to a similar process used in the United Kingdom provide proposed recommendations for conciliation in disputes based on allegations of unfair dismissal, remain effective in South Africa.
Mini Dissertation (LLM)--University of Pretoria, 2018.
Mercantile Law
LLM
Unrestricted
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11

Halous, Haitham A. "Online alternative dispute resolution as a solution to cross-border electronic commercial disputes." Thesis, University of Leeds, 2003. http://etheses.whiterose.ac.uk/1394/.

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Electronic commerce is important,and perhaps,inevitable. Thus to consider the legal implications of the growth and development of electronic commerce is essential.However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace particularly arbitration and mediation as the main types of ADR, the form of online alternative dispute resolution (OADR) can maximise the growth of e-commerce. However, in analysing OADR, one must contemplate primarily the value of fair process which OADR solutions are subject to, and the value of efficiency which OADR solutions are seen to achieve. From this perspective, a big challenge for traditional dispute resolution processes such as ADR, will be to adapt to the internet and capitalise on the new possibilities it presents. Another big challenge will be to maintain the integrity and meaning of dispute resolution processes as they move online. But perhaps the greatest challenge will be to design an Online Alternative Dispute Resolutions system which represents an effort at balancing,on the one hand, the need to provide effective mechanisms that increase access to justice, without which there seems little point in introducing the system, and, on the other hand,the need to provide just and fair administration of OADR processes without which the OADR outcome(s) will be cast in doubt. This thesis concludes that OADR is a valid proposition and perhaps the preferred system for resolving disputes that inevitably arise in e-commerce, particularly, B-to-C internet transactions disputes and domain names disputes. This is due to the fact that OADR protects internet users' interests while not harming the interest of the Information Technology (IT) industry and, most importantly, not hindering the flourishing of electronic commerce. That said, a number of legal and technical issues need to be addressed if there is to be a swift and successful deployment of OADR mechanisms in a cross-border environment.Legal issues do not constitute insurmountable obstacles to a successful operation of such schemes, but some uncertainties remain due to technological limitations. Indeed the growth of OADR is tied to the development of technology. The challenge faced by online arbitration lies more in the realm of law than technology, while the challenge faced by online mediation lies more in the realm of technology than law. This is due to the less stringent legal requirements and the crucial role of the communication process in conducting mediation. As a result, as online arbitration is faced with many legal issues, and, as online mediation requires complex and sophisticated communication schemes which are difficult and expensive to set up presently, given time, OADR will be within the ambit of legally and technically possible in the near future.
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Collins, Mary. "COLLABORATIVE DISPUTE RESOLUTION IN SUPERFUND ENFORCEMENT:DOES THE RESOLUTION APPROACH VARY BY COMMUNITY-LEVEL SOCIODEMOGRAPHIC." Master's thesis, University of Central Florida, 2008. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/2724.

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This research examines environmental dispute resolution as applied to Superfund site cleanup and how the use of collaborative dispute resolution approaches, in particular Alternative Dispute Resolution and Community Involvement, are related to a community's socioeconomic and demographic profile. It examines the sociodemographic characteristics of residents living in census tracts containing Superfund sites in relation to the type of dispute resolution technique used. I hypothesize that collaborative dispute resolution techniques, as opposed to traditional settlement and/or litigation, are less likely to occur in Superfund communities with high poverty levels and high minority populations than in those with low poverty levels and low minority populations. Although minority and lower class communities are less likely to be placed on the National Priorities List (NPL), are slower to be cleaned up once on the NPL, and experience lower quality cleanups (O'Neil 2005; Sigman 2001; Omohundro 2004), the findings of this research indicate that the dispute resolution processes studied here do not contribute to such environmental clean up injustices. Minority status and poverty levels do not impact the likelihood that collaborative dispute resolution will be used in settling Superfund disputes. This analysis does show a significant correlation between education and the use of collaborative dispute resolution. Superfund communities in which residents have low educational attainment are less likely to use collaborative dispute resolution. Low educational levels may be the paramount disadvantage to overcome in the use and successful implementation of collaborative dispute resolution.
M.A.
Department of Sociology
Sciences
Applied Sociology MA
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13

Schoeman, Petrus Johannes Arnoldus. "Alternative dispute resolution methods as a tool for the resolution of inter-governmental environmental disputes / P.J.A. Schoeman." Thesis, North-West University, 2004. http://hdl.handle.net/10394/498.

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Sourdin, Tania. "Alternative Dispute Resolution (ADR) Principles : From Negotiation to Mediation." 名古屋大学大学院法学研究科, 2014. http://hdl.handle.net/2237/20943.

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15

Nwedamutsu, Tsepo. "Alternative dispute resolution in medical malpractice in south Africa." University of the Western Cape, 2020. http://hdl.handle.net/11394/7634.

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Magister Legum - LLM
South Africa has seen a spike in medical malpractice litigation, including the number and size of claims instituted against healthcare practitioners. This has led to a backlog in medical malpractice court cases throughout South Africa and a strain on both the public and private healthcare sectors, affecting an already burdened healthcare system. The surge in medical malpractice litigation is not a new phenomenon in developed countries. Most have curbed this through alternative dispute resolution (ADR). This has been facilitated by effectively introducing efficient legal frameworks that promote ADR. Unfortunately, this is not the case in a developing country such as South Africa. To date, much research and literature has attributed blame for the large-scale increase in medical malpractice litigation to legal practitioners. This has been aided by comments made by the former Minister of Health, Dr Aaron Motsoaledi (Dr Motsoaledi). In as much as this may be the common perception, there appears, to the contrary, to be systematic problems in the South African healthcare system. The legal profession is only a minor contributing factor to the increase in medical malpractice litigation. The strained financial resources and shortage of healthcare staff in public hospitals contributes to the increased risk of medical malpractice cases. Furthermore, when considering the South African legal system, contingency fee arrangements have, in certain circumstances, increased vexatious litigation and, as such, it is on this basis that medical malpractice litigation has been on the increase in South African courts. This study seeks to analyse the current state of the South African healthcare system, and in light of the increasing number of medical practice claims and litigation, propose ADR mechanisms that offer efficient, cost effective, and expeditious channels to resolving these issues and to ensure that parties recognise the full benefits of ADR. This study proposes legal reform in medical malpractice litigation in South Africa. This thesis compares the experiences, legislative and policy frameworks in Australia and the United States of America (USA), in order to learn lessons that could assist South Africa in framing legislation and best practices for ADR. It contends that, in order to effectively develop and implement ADR to address medical malpractice litigation, it requires the involvement of the government, legislature, judiciary, legal profession and the public. It has identified court- iv annexed mediation as the appropriate ADR mechanism in addressing medical malpractice litigation.
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Klebes, Stephan Dominikus. "At the intersection of court proceedings and arbitration in Europe: the exclusion of arbitration in the Brussels Ia Regulation." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25070.

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The exclusion of arbitration from the scope of application of the Brussels Regime on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters in the EU has a long history and is still subject to controversy. After some introductory explanations of the legal framework and relevant principles in the field of law, this minor dissertation examines chronologically all possible involvements of national courts in arbitral proceedings in order to give an overview of the (in-) applicability of the Brussels Ia Regulation to them. For this purpose, the relevant case law of the CJEU and the related legal developments beginning with the adoption of the Brussels Convention up to the entry into force of the Brussels Ia Regulation are being considered. Finally, the legal problems arising from the current state of affairs and how courts should navigate it are discussed with an emphasis on the possible enforcement constellations of contradicting judgments and awards.
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McEntire, Lili. "Reducing the Trauma: Alternative Dispute Resolution in Disaster Relief Efforts." Thesis, University of Oregon, 2016. http://hdl.handle.net/1794/20530.

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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.
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Oshynko, Norma. "Claimant document production in Indian Residential Schools Resolution Canada's alternative dispute resolution process /." Burnaby B.C. : Simon Fraser University, 2006. http://ir.lib.sfu.ca/handle/1892/2703.

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19

Tas, Letif. "Kurds in the UK : legal pluralism and alternative dispute resolution." Thesis, Queen Mary, University of London, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610949.

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20

VanLuit, Frederick M. "Alternative dispute resolution: a case analysis of a negotiated settlement." Thesis, Monterey, California. Naval Postgraduate School, 1994. http://hdl.handle.net/10945/42925.

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Approved for public release, distribution unlimited
The advent of personal computers, workstations, and multiple interconnected Local Area Networks at the Naval Postgraduate School (NPS), Monterey, California, has resulted in significant distribution, redundancy, and fragmentation of the data elements and databases necessary to effectively manage the organization. This thesis addresses this issue by accomplishing the following two goals. First, it develops a high-level model of the organization's information architecture through the use of the Information Engineering methodology, with automated support from the Texas Instruments' Integrated Computer Aided Software Engineering (I-CASE) tool Information Engineering Facility (IEF). Based on the high-level model it then provides an analysis of data management architecture alternatives to address the current problems. The thesis main recommendation is for the implementation of a client/server information processing architecture at NPS. The enterprise and information architecture analyses provide additional recommendations to improve the current NPS organizational Structure.
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Van, Zyl Lesbury. "Alternative dispute resolution in the best interests of the child." Thesis, Rhodes University, 1995. http://hdl.handle.net/10962/d1003212.

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The development of private divorce mediation appears to offer a friendly and informal alternative to the "hostile" adversarial divorce. A close analysis of its claims, however, shows them to be largely unproven. Urgent attention should therefore be given to the philosophical base of the movement. There is also a need for empirical research and for standardised training. Further unanswered questions relate to the part to be played by different professions, and to professional ethics. It is submitted that the appointment of Family Advocates is a step in the right direction but that the establishment of a full Family Court will best protect children's interests.
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So, Shiu Sing David. "Compare the alternative dispute resolution (ADR) used in Hong Kong and Japan construction industry." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21843181a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2006.
"Master of Arts in arbitration and dispute resolution, LW6409 dissertation" Title from PDF t.p. (viewed on May 23, 2007) Includes bibliographical references.
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Chan, Yuen Wah. "Alternative dispute resolution in Hong Kong Government civil engineering works contracts." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22445882a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2007.
"Master of Arts in arbitration and dispute resolution, LW 6409A dissertation." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
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Cheung, Lin Yung Carol. "Alternative dispute resolution mechanism and the ombudsman system in Hong Kong an evaluation /." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22445900a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2008.
"A dissertation submitted to the School of Law in partial fulfillment of the requirements for the degree of Master of Arts in arbitration and dispute resolution." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
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Pidgeon, Robert William. "Evaluating the impact of alternative dispute resolution processes on union-management relationship." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ62033.pdf.

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Keshavjee, Mohamed Manjee. "Alternative dispute resolution in a diasporic Muslim community in the United Kingdom." Thesis, SOAS, University of London, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.550845.

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Dunfee, Phillip E. "Alternative dispute resolution for the Vineyard Community of Churches, in the USA." Theological Research Exchange Network (TREN), 2007. http://www.tren.com/search.cfm?p028-0273.

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Gerber, Marcel. "Alternative dispute resolution in the BRICS nations: A comparative labour law perspective." University of the Western Cape, 2019. http://hdl.handle.net/11394/6996.

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Magister Legum - LLM
Alternative dispute resolution refers to forms of dispute resolution, other than traditional and formal court based litigation. A notable benefit of alternative dispute resolution is that different processes are available for resolving a particular dispute in the most effective and efficient manner possible. Alternative dispute resolution includes but is not limited to arbitration, mediation, negotiation, conciliation and facilitation. The Constitution of the Republic of South Africa, 1996, lists human dignity, equality and the advancement of human rights and freedoms as the founding values of the Republic of South Africa. In terms of section 9(1) of the Constitution everyone is regarded as equal before the law and has the right to equal protection and benefit of the law in South Africa. Often it is however argued that traditional court based litigation hinders the full enjoyment of these rights by individuals. Consequently, alternative dispute resolution is attractive as an alternative to court based litigation as it is regarded as less expensive, more time effective and results in less conflict when it comes to resolving disputes in the most accessible, effective and efficient manner possible, in both developed and developing countries. The study will first focus on the pitfalls to traditional court based litigation in South Africa. The relevant legislation and processes which provide for alternative dispute resolution processes in South Africa, with specific focus on alternative dispute resolution in labour disputes, will be considered. Consideration will be given to the provision of alternative dispute resolution as contained in the Constitution, the Labour Relations Act 66 of 1995, the Rules for the Conduct of Proceedings before the CCMA of 2003 and the Arbitration Act 42 of 1965. The study will thereafter proceed to consider the use of alternative dispute resolution in labour disputes in Brazil, Russia, India and China, who, together with South Africa, are collectively referred to as BRICS. These five nations are considered the world’s leading emerging economies, with similar economic capabilities and demographics.
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Li, Wai Kwong. "An exploratory study of using alternative dispute resolution as a means of resolving real estate disputes in Hong Kong." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833829a.pdf.

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Jacyk, David William. "Arbitration in WTO disputes : the forgotten alternative." Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/32137.

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The creation of a binding adjudication system under the Dispute Settlement Understanding ("DSU") is one of the major successes of the WTO. However, while the Dispute Settlement Body ("DSB") has experienced a high level of compliance with its rulings, there have been enough failures to raise concerns about compliance with WTO rulings. This in turn endangers the long term viability and legitimacy of the WTO as a decision-making body. This thesis explores the possibility of more effective integration of arbitration as a means of dealing with a small number of problematic cases where compliance with a ruling is doubtful. It considers arbitration as an alternative to what has effectively become an institutionalized litigation system involving panels and the Appellate Body, and as an adjunct to the diplomatic resolution of disputes, particularly for policy driven cases where compliance with WTO rulings is more doubtful. While proposals for the use of arbitration made during the Uruguay Round of negotiations leading to the creation o f the WTO have been realized in the provisions of the DSU, arbitration has never been effectively tested as a true alternative. Further, arbitration as an alternative to the litigation system has been almost entirely ignored in the context of the current debate over reform of the WTO dispute settlement system. After over a decade of WTO decision making, it is now an opportune point to consider meaningful institutional reform that more fully incorporates arbitration as an alternative form of dispute settlement at the WTO in politically difficult cases, and that builds on the existing but underused arbitration provision in Article 25 of the DSU. This thesis challenges the predominant bias towards the litigation system involving panels and the Appellate Body as a one-size-fits-all solution. It explores the potential role of arbitration, in the context of compliance theories, a historical review of the negotiations during the Uruguay Round, and an analysis of the shortcomings of the current DSU that contribute to the problems of non-compliance.
Law, Peter A. Allard School of
Graduate
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Richardson, Robin Kieron. "Alternative dispute resolution in Intellectual Property Law: a growing need for a viable alternative to court litigation." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4436.

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The need for a viable alternative to court litigation of intellectual property disputes is much needed in modern legal systems. IP court litigation has become expensive, time consuming, and poor decision making has led to unpredictable and inconsistent results. This paper explores the possibility of using alternative methods, such as mediation and arbitration, to resolve complex IP disputes. The paper critiques modern judicial systems and analyses how alternative methods may be better suited to the resolution of IP disputes. Particular attention is paid to the issues present in the South African legal system and what steps are needed to implement a workable and regulated alternative to the High Court system. The paper concludes that alternative dispute mechanisms are well suited to the resolution of IP disputes but that South Africa needs to take progressive steps towards the realisation of such a system.
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Sobel, Gregory B. (Gregory Borowik). "Alternative dispute resolution in the United States Corps of Engineers : opportunities and barriers." Thesis, Massachusetts Institute of Technology, 1988. http://hdl.handle.net/1721.1/77694.

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Kahveci, Alexandra Elizabeth. "Promoting alternative dispute resolution in the Massachusetts Land Court : current perceptions and use." Thesis, Massachusetts Institute of Technology, 2018. http://hdl.handle.net/1721.1/118072.

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Thesis: M.C.P., Massachusetts Institute of Technology, Department of Urban Studies and Planning, 2018.
Cataloged from PDF version of thesis.
Includes bibliographical references (pages 53-57).
The Massachusetts Land Court is overburdened. More than 15,000 new cases are filed each year, with the even more cases carried over from previous years. Each emotionally taxing case can cost litigants between $50,000- $150,000 to try, with no guarantee of winning. One promising option that would relieve the overload, reduce the cost to litigants, and give them control over the outcome is Alternative Dispute Resolution (ADR). This is an approach to resolving disputes that allows parties to find mutually beneficial agreements with the help of a neutral mediator. The Land Court already has an ADR program - and has since 1999. But the program is underutilized and it is not clear why that is the case. Despite unanimous support for ADR among mediators, Land Court judges, and attorneys, less than 1% of cases that go through the Court are mediated. I find that the Massachusetts Land Court ADR program is perceived as "second-class justice" - less desirable than a trial. A lack of understanding about ADR and its value, a perception that the costs of mediation not worth the service, and emotional factors emerged as the key barriers to wider use of mediation in Land Court cases. I make recommendations for each of the involved parties. For the courts, I recommend reinstating an in-court ADR program (rather then sending cases to external mediators) and giving judges and clerks more responsibility for addressing litigants' misperceptions of ADR. For legislators, I recommend increasing ADR-specific funding for the Land Court. For attorneys, I suggest ensuring that all of their clients fully understand how ADR can improve their prospects, and bringing their clients with them to case management conferences or a similar court-tracked meeting. And lastly, for mediators, I recommend providing in-court screening of cases for the possibility of mediation and establishing long-term professional relationships with judges. Thesis
by Alexandra Elizabeth Kahveci.
M.C.P.
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Ogaji, Ofinjite Joy. "The viability of applying alternative dispute resolution processes in the Niger Delta conflict." Thesis, University of Warwick, 2013. http://wrap.warwick.ac.uk/60366/.

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As the resource related conflict in the Niger Delta area of Nigeria escalates at a furious pace, it is becoming clear that traditional means of dispute resolution (such as litigation and violence) are no longer applicable. Research has also shown that no method of dispute resolution can be efficient, equitable and administratively practicable without the collective effort of all parties involved; individuals, institutions and non-governmental organizations need to work together to develop a countrywide ability to design an effective conflict resolution system. While there is a perceived need for a viable dispute resolution process, to date, no concerted effort has been made to harness relevant experiences and build a network of practitioners skilled in the management of such conflicts. The emerging Alternative Dispute Resolution (ADR) methods (which do not involve litigation) may offer opportunities to resolve disputes in the Niger Delta region more effectively than litigation-based means. In view of this, this research assesses indigenous dispute resolution processes in terms of their potential applicability as alternative dispute resolution processes for the Niger Delta conflict. The review also provides insights into the criteria used to support decision making as it relates to choosing the most appropriate dispute resolution process. To do this, this research advocates a hybrid model (an integration of both customary indigenous process and westernised mediation process). The choice of a hybrid model is predicated on the assumption that the Niger Delta is a hub for investors, where both locals (indigenes) and outsiders (foreigners) interact and relate together in pursuit of a common goal. Experience at the grass roots level in one community may also provide guidance for conflict resolution at similar levels in other communities.
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Golson, James O'Neil Jr. "Deconstructing Exclusionary Discipline| A Paradigm Shift to Restorative Leadership Practices." Thesis, Delaware State University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10811780.

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Zero tolerance policies in K-12 public schools are employed to address a wide range of misbehaviors that vary broadly and impact the educational setting in many negative ways. Administrators and teachers have shown an increased dependence on the use of outside law enforcement, suspensions and expulsions as interventions for disciplinary issues in the classroom. Since the early 1990s, the national discourse on school discipline has been dominated by the philosophy of zero tolerance, originally developed as an approach to the war on drugs and judicial enforcement (Skiba & Rausch, 2006). Zero tolerance mandates the application of predetermined consequences, severe and punitive in nature, applied regardless of the gravity of behavior, mitigating circumstances or situational context. Such policies are widespread in schools across North America. The removal of students from the classroom setting for both major and minor disciplinary infractions creates significant emotional and academic risks to these students.

The purpose of this comparative case study analysis was to compare and contrast three related studies to examine the impact of restorative discipline practices as an alternative to punitive discipline approaches for administrators, staff and students who have participated in restorative practices. The research examines three K-12 public school settings in North America showcasing the implementation of restorative practices to determine if restorative measures are a viable alternative to punitive discipline.

The primary research question asked what did these studies show was the effectiveness of restorative practices as an approach to discipline? Also, what aspects of the school climate changed as a result of the adoption of the restorative practices model? Finally, how did leadership implement the restorative practices and create the necessary conditions for ownership of the new restorative practices plan?

The research reveals that restorative practices encourage relationship building as well as a cohesive sense of community. The studies showed that that the school communities utilized restorative practices as an additional disciplinary approach and a way to address harm done to individuals and the community as well as a way to reintegrate and reconnect individuals into the school community. Data also confirmed that restorative practices are an effective method of disseminating positive behavioral learning and assisting each individual’s recognition of their role in a situation and the responsibility of an individual’s actions. The studies further validated that the district and school leadership performed a pivotal function as restorative change was initiated and sustained.

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Yau, Edmond Kwai Wah. "The application of partnering as alternative dispute resolution for Hong Kong construction projects case studies /." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21324232a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2006.
Master of arts in arbitration and dispute resolution, City University of Hong Kong, School of Law. Title from title screen (viewed on Sept. 20, 2006) Includes bibliographical references.
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Morgan, Steven A. "The Mini-Trial : a valuable alternative dispute resolution tool for the United States Navy." Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1997. http://handle.dtic.mil/100.2/ADA340947.

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Thesis (M.S. in Management) Naval Postgraduate School, December 1997.
"December 1997." Thesis advisor(s): David V. Lamm, Mark W. Stone. Includes bibliographical reference (p. 127-131). Also available online.
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Brooker, Penny. "Factors which impact on the choice of alternative dispute resolution in the construction industry." Thesis, Oxford Brookes University, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.364261.

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Marková, Kristýna. "Řešení spotřebitelských sporů." Master's thesis, Vysoká škola ekonomická v Praze, 2016. http://www.nusl.cz/ntk/nusl-261770.

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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.
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Gajewski, Thomas J. "Exploring leadership styles from a mediator's perspective| A phenomenological study examining four specific organizational leadership styles and their relationship to four mediation styles as summarized by Leonard L. Riskin." Thesis, Pepperdine University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3621584.

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If a successful organization is one where internal strife is minimized, then it stands to reason that a successful leader is an individual who knows how to handle conflict. Handling conflict, though, should not be approached intuitively, as the field of mediation has developed numerous techniques to understand and address conflict. To date, though, these techniques have not been categorized by leadership styles. The purpose of this study was to develop such a framework to understand how conflict resolution relates to the disciplines of mediation, organizational behavior, and organizational leadership. To further this endeavor, four themes were developed. These themes drew upon a quadrant categorization methodology proposed by Leonard L. Riskin, which was then compared to four leadership styles: situational leadership, transformational leadership, leader-member exchange theory, and servant leadership. A phenomenological methodology was used and eight leaders were interviewed to understand how they approach conflict within their respective organizations. Utilizing a story provided by each leader about a conflict each encountered on a frequent basis, the researcher asked a series of randomized questions based on the themes mentioned. By categorizing each leader's response, the study found that a relationship worthy of further research existed between the position of the individual within the organization and how societal norms dictated the methodology the leader used to resolve his/her stated conflict. This relationship supported the use of specific tools developed in mediation that the leader and the organization could embrace to transcend conflict, allowing the organization and hence the leader to be more efficient.

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Wilson, Roland B. "The Nexus between U.S. Foreign Policy and Conflict Resolution or Protraction| The case of North Korea." Thesis, George Mason University, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=3720906.

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This study analyzes the connection between U.S. foreign policy and its mechanisms for either the resolution or protraction of conflict using the case of North Korea. This case is particularly ripe for resolution with regard to the United States’ recent “Pivot to Asia.” Moreover, now that North Korea is under the new leadership of the young, relatively unknown leader Kim Jong-un, this may be an essential the time to explore and implement alternative methods for ending this conflict. The purpose of this study is to enquire whether combining conflict analysis and resolution (CAR) tools and practices with alternative and dynamic soft foreign policy efforts might play a positive role in resolving this conflict. This study was conducted by analyzing current and historical documents on U.S. foreign policy, studying its desired or stated effects and comparing them to the known actual effects on the North Korean regime and its people. To help understand these effects, this study also sought the unique foreign policy perspectives, opinions, needs and desires of former North Korea refugees. The significance of this is in understanding and evaluating where CAR opportunities surface by promoting the participation of stakeholders as catalysts for change from the group of people directly affected by foreign policy: North Koreans themselves. The findings show that the U.S. foreign policy approach towards North Korea has not significantly evolved over the past 60 years. Moreover, even those North Koreans interviewed who steadfastly support a continued U.S. hard policy approach toward their former homeland conceded that positive change would also require alternative approaches that promote direct and indirect high quality contact. The findings also show even in a controlled interview environment, North Korean Refugees can change how they think, interact, and receive information, based on direct HQC and the positive repositioning of self and other. Many also had sustained contact with their loved ones still living in the North, and provide them with aid. Most North Koreans interviewed had received indirect and or direct information about the outside world when they had lived in North Korea including such things as listening to radio, watching movies or drama and receiving aid, which had a positive effect on them. While most North Koreans (still in the north) do not believe in religion, it can be an effective tool for change. The regime has continued for so long due to the structural violence and deprivation it has over society. Finally, local markets in North Korea play a key role in changing the lives of North Koreans and that North Korean diaspora can help change North Korea. The analysis provides innovative conflict resolution methods and offers potential tools and recommendations for a multi-dimensional foreign policy approach, which may affect and alter foreign policy discussions and decisions. This study, the results and recommendations are intended to be an initial step toward rethinking U.S. foreign policy for purposes of “provention.”

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Almas, Roslynn. "Promoting Conflict Management Competencies within Informal Structures and Informal Networks." Thesis, Pepperdine University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10829092.

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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’ 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.

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Begin, Marc A. "An analysis of Alternative Dispute Resolution (ADR) as it applies to contract dispute settlement and its use by the Defense Industry." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1999. http://handle.dtic.mil/100.2/ADA366326.

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Thesis (M.S. in Management) Naval Postgraduate School, June 1999.
"June 1999". Thesis advisor(s): Mark W. Stone, David A. Smith. Includes bibliographical references (p. 79-80). System requirements: Abode Acrobat reader.
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Li, Wai Kei. "A study of adopting alternative dispute resolution in occupational safety and health in Hong Kong." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833817a.pdf.

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Burton, John William. "Alternative dispute resolution and the United Church, theological and jurisprudential implications of collaborative decision-making." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/NQ64773.pdf.

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Haji, Abdullah Mohammad Aminuddin bin. "An investigation of the development of mediation in the UK construction industry." Thesis, University of Manchester, 2015. https://www.research.manchester.ac.uk/portal/en/theses/an-investigation-of-the-development-of-mediation-in-the-uk-construction-industry(8feb862e-510f-475c-9836-44397687370a).html.

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Mediation has been regarded as one of the effective dispute resolving techniques. However, the issues pertaining to the development of mediation have been overlooked and are therefore less well known. There has been limited discussion about mediation and some of the theoretical explanations about its development in the construction industry were not well investigated or documented. The main purpose of this research was to investigate the development of mediation by focusing on investigating the barriers which impede the use of mediation in resolving construction industry disputes in the UK. Gaps in the literature were identified in the research but no hypothesis was generated. The interpretive research model was an ideal paradigm for this research as it assisted in structuring the whole process of the investigation. A grounded theory strategy was adopted as it helped to capture the overall mediation phenomenon in a construction environment. Semi-structured interviews, with sixteen leading mediators from around the UK, were used for this study. The interviews were recorded and transcribed. The interview transcripts were analysed using grounded theory analysis, through manual coding techniques. From the findings, two categories of barriers were identified: barriers arising from the public (lack of social awareness, disputatious culture, process barrier, insufficient planning, security and the introduction of adjudication) and barriers caused by the disputants’ legal advisors (ignorance, personal agendas and the conventional method of resolution). The study also explores some information on the mediation system such as financial issue was the main dispute in construction industry; facilitative mediation is the most appropriate mediation process and in appointing the mediator, excellence in mediating skills is more important than his or her professional background; also it is inappropriate/ counterproductive to impose mandatory mediation on construction disputes. The limited amount of literature dealing with mediation in the UK construction industry is one of the limitations of the research, as it complicated the process of designing the interview questions. Some potential sources of bias for the research are identified through the areas of data presentation and data interpretation. This research has provided theoretical and practical contributions to mediation development within the context of the UK’s construction industry. Further research is suggested to validate the research findings and to evaluate the quality of the mediation process, based on the gender and professional background of the mediator.
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Thompson, Roxene Marie II. "Efforts to Manage Disputes in the Construction Industry: A Comparison of the New Engineering Contract and the Dispute Review Board." Thesis, Virginia Tech, 1998. http://hdl.handle.net/10919/36625.

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The construction industry has been plagued with an increasing number of claims and high litigation costs. How do we reduce conflict and litigation in the construction process? On one hand, leaders of the construction industry in the United States (US) focused their efforts on improving alternative dispute resolution mechanisms. For instance, the American Society of Civil Engineers has introduced the Dispute Review Board (DRB) as a complementary provision to standard US construction practices. The establishment of the DRB to solve construction disputes on the job, avoid claims, and reduce project costs has proven considerable success. On the other hand, construction industry leaders in the United Kingdom (UK) have focused some of their efforts on improving general contract conditions. The Council of the Institution of Civil Engineers of the UK has introduced the New Engineering Contract (NEC) to the construction industry as an alternative to presently used contracts. The NEC proposes to be an innovative, non-adversarial mechanism to resolve disputes on the job, avoid and reduce claims, and to assuage rising litigation costs in the construction industry. It too has proven considerable success in its efforts. This research concentrates on the DRB and the NEC as attempts by construction leaders to modernize and improve construction practices. In summary, the research compares the success stories of the DRB and the NEC as approaches to combating the adversarial nature, increasing number of disputes and rising litigation costs in the construction industry. The main conclusions ascertained in this research are as follows. Despite coming from similar business environments, construction industry leaders in the US and the UK embarked on different methods to address the issues plaguing the industry and to improve construction practices. Both in the US and the UK, construction leaders were mostly influenced to proactively seek and implement change in construction practices by experts from within the engineering and construction industry vanguard. The undertaking of these changes have shown similar success stories and the results have produced substantial impacts on the construction process. In conclusion, the efforts of construction leaders to implement the DRB and the NEC have provided effective mechanisms in improving communication and relations, and managing disputes in a timely fashion at the job site level.
Master of Science
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Rollinson, David Hugh Built Environment Faculty of Built Environment UNSW. "Alternative dispute resolution in local government planning in NSW: understanding the gap between rhetoric and practice." Publisher:University of New South Wales. Built Environment, 2008. http://handle.unsw.edu.au/1959.4/42974.

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This thesis examines the use of alternative dispute resolution (ADR) for local government planning and development disputes in New South Wales. Set within broader theoretical concerns around key concepts, this research comprehensively documents, for the first time, how the ADR process of mediation was introduced to NSW councils and then used by their staff and independent ADR practitioners for disputes over development applications and the formation of local planning policies. The thesis also provides a systematic overview of the use of mediation and conciliation for development appeals brought before the Land and Environment Court of NSW (LEC). In the 1980s there was considerable interest in ADR in Australia. Mediation was in use for community, family and business disputes and by the early 1990s was being suggested for environmental, planning and development matters. Its use was encouraged by government agencies keen to see a reduction in the costs of often delayed council decisions on development applications. There was also a desire by councils to find a way to reduce the community disharmony that often occurred over large or contentious applications, or when changes to planning policies were proposed. Mediation held great promise in these early years but as this research shows, its take-up has been modest and its use variable. A detailed analysis of the encouragement to use ADR for planning and development disputes before councils and the LEC, together with an examination of policy and survey evidence, uncovers a significant gap between the promotional rhetoric and actual practice. From extensive in-depth interviews with council staff and ADR practitioners and through personal knowledge, it can be seen that the initial enthusiasm for ADR has not continued, with council staff now more commonly seeking to directly negotiate solutions to development disputes. The thesis concludes by considering the likely future for ADR in local government planning and development disputes.
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Allie, Shouket. "Exploring the concept of conciliation (ṣulḥ) as a method of alternative dispute resolution in Islamic law." University of the Western Cape, 2020. http://hdl.handle.net/11394/7632.

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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.
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Luna-Smith, Liana. "Closing the Gap: Identifying and Defining Challenges Faced by Alternative Dispute Resolution Professionals as They Enter the Field." Thesis, University of Oregon, 2015. http://hdl.handle.net/1794/19351.

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The definitive flexibility, informality, and diversity of use make alternative dispute resolution (ADR) a unique field that deserves the time and effort it will take to determine best practice for establishing it as a true profession. That being said, before we begin the battle for legitimization we must not forget the heart and soul of the field, its practitioners. In the face of the unsure status of ADR as a field, there are many barriers currently affecting potential practitioners of ADR preventing the success of both these new members and the field itself.
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