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Dissertations / Theses on the topic 'Alternative dispute resolution'

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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 or
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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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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
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5

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 del
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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 i
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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.<br>"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<br>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
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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 num
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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,
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12

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
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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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14

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<br>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
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16

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 l
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17

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
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18

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<br>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 autom
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21

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 establish
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22

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.<br>"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.<br>"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.<br>"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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28

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<br>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 fre
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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 w
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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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Includes abstract.<br>Includes bibliographical references.<br>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. Particu
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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.<br>Cataloged from PDF version of thesis.<br>Includes bibliographical references (pages 53-57).<br>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 Alternat
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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 f
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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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<p> 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 &amp; Rausch, 2006).
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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.<br>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.<br>"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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<p> 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
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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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<p> 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&rsquo; recent &ldquo;Pivot to Asia.&rdquo; 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 resolut
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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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<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 stu
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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.<br>"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. Ga
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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 p
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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 brough
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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<br>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 s
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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.

Full text
Abstract:
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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