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Goltsman, Maria, Johannes Hörner, Gregory Pavlov, and Francesco Squintani. "Mediation, arbitration and negotiation." Journal of Economic Theory 144, no. 4 (July 2009): 1397–420. http://dx.doi.org/10.1016/j.jet.2008.08.010.
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Loschelder, David D., and Roman Trötschel. "Overcoming the competitiveness of an intergroup context: Third-party intervention in intergroup negotiations." Group Processes & Intergroup Relations 13, no. 6 (October 28, 2010): 795–815. http://dx.doi.org/10.1177/1368430210374482.
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The present research addresses the specific impairments of an intergroup negotiation context with respect to intergroup competitiveness and partial impasses. We examined whether mediation-arbitration (med-arb), a hybrid form of third-party intervention, is conducive to overcoming the detrimental effect of an intergroup negotiation context. Study 1 demonstrated the detrimental effect of an intergroup negotiation context and showed that mediation-arbitration is an effective means to overcome this detrimental effect in a distributive negotiation task. The findings of Study 1 further suggest that the beneficial effect of med-arb on negotiation outcomes can be explained in terms of an alleviation of intergroup competitiveness. Study 2 replicated the beneficial effect of mediation-arbitration in an integrative intergroup negotiation and, by means of comparing mediation-arbitration to straight mediation, corroborated the notion that the anticipated arbitration in med-arb is a necessary precondition to alleviate the competitiveness throughout the mediated negotiation process. Study 2 further revealed that the beneficial effect of med-arb on intergroup competitiveness can be explained in terms of the perceived decision control that disputants ascribed to the third party. The findings of the present research are discussed with respect to their contribution to future research on intergroup negotiation and third-party intervention.
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Kurniawan, Shelly. "PERBANDINGAN PENYELESAIAN SENGKETA MEREK BERDASARKAN UNDANG-UNDANG MEREK NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS JO. UNDANG-UNDANG NOMOR 30 TAHUN 1999 TENTANG ARBITRASE DAN ALTERNATIF PENYELESAIAN SENGKETA DENGAN WORLD INTELLECTUAL PROPER." Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi 11, no. 1 (November 19, 2019): 97–113. http://dx.doi.org/10.28932/di.v11i1.1972.
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Dispute resolution does not only have to go through court, it can also resolve by alternative dispute resolution. Alternative dispute resolution regulated in Indonesia through Act Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution that more diverse than alternative dispute resolution provided by the World Intellectual Property Organization (WIPO) through the WIPO Arbitration and Mediation Centre. Alternative dispute resolution in Indonesia can be in consultation, mediation, negotiation, conciliation, arbitration, and expert determination. The WIPO Arbitration and Mediation Centre at least provides four option for the alternative dispute resolution, namely mediation, arbitration, expedited arbitration, and expert determination. This research is to compare the alternative dispute resolution in marks dispute resolution jo. the act of alternative dispute resolution and alternative dispute resolution on WIPO Arbitration and Mediation Centre. Only expedited arbitration that is not explicitly regulated in Act Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, but there is provisions that resemble to expedited arbitration, i.e. a sole arbiter
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Kendall, J. "A Guide to Negotiation and Mediation by Gary Goodpaster." Arbitration International 15, no. 3 (September 1, 1999): 324–25. http://dx.doi.org/10.1093/arbitration/15.3.324.
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Hartman, Francis T., and George F. Jergeas. "A model for proactive mediation of construction disputes." Canadian Journal of Civil Engineering 22, no. 1 (February 1, 1995): 15–22. http://dx.doi.org/10.1139/l95-002.
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Alternative dispute resolution methods remain an area of interest and study because of the continued increase in the incidence of disputes, be they claims or litigation. Practice in the industry tends to stimulate litigation if negotiation of claims is unsuccessful. At variance with this is the declared preference of construction industry practitioners for mediation over arbitration and for arbitration over litigation. Mediation has had a high success rate when used in construction dispute resolution. The cost of mediation is significantly lower than litigation or arbitration. The probability of the parties to the dispute being able to work together effectively after the dispute has been resolved is higher, and the dispute can be resolved more quickly than by arbitration or litigation. This paper presents the findings of a study undertaken to identify a better process for construction contracting. An essential part of the new process is the use of proactive mediation. Proactive mediation is the use of a mediator prior to a dispute arising to help identify and address potential problems before they become difficult or unsolvable issues. The proposed methodology has been tested through a process which obtained the input of over 60 senior industry practitioners. Key words: mediation, construction management, contracts, claims, cost reduction, alternate dispute resolution, risk management.
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KOZLOVSKYI, Maksym. "Negotiation and mediation as a means of peaceful settlement of international economic disputes." Economics. Finances. Law 11/2, no. - (November 26, 2021): 16–18. http://dx.doi.org/10.37634/efp.2021.11(2).3.
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Introduction. Interstate interaction and integration, on the one hand, are the key to the successful functioning of humanity, and on the other hand, they provoke the emergence of international differences and conflicts, including those of an economic nature. Successful settlement of economic differences in accordance with the principle of peaceful settlement of international disputes is a necessary condition for strengthening and developing international cooperation. The issue of peaceful settlement of economic disputes, including through the use of diplomatic means, has been studied by such authors as I.V. Grynchak, О.M. Malysheva, Z.V. Tropin, etc. The purpose of the paper is to determine the specifics of negotiation and mediation as political ways to resolve economic disputes peacefully. Results. In international legal doctrine, the most common is the division of peaceful means of resolving international disputes into diplomatic (political) and legal (judicial). The most common are negotiations, good services and mediation, international arbitration. International negotiations, as part of the system of international relations, on the one hand, feel their influence, acting as a tool in solving a range of foreign policy and, in some cases, domestic policy problems, on the other – themselves affect international relations, largely defining and shaping them. The difference between mediation and negotiation is that a third party intervenes in the dispute resolution process with the aim of reconciling the parties. At the same time, the role of the mediator is quite passive, the purpose of his activity is to establish a constructive dialogue between the conflicting states. Therefore, the result of applying this method in some cases can only be reduced to the resumption of negotiations. Conclusion. Negotiation and mediation are diplomatic (political) means of peaceful settlement of international economic disputes. Such means of resolving international economic disputes are used in the presence of a common will of the parties to resolve the conflict, and a common focus on finding a mutually beneficial and compromise solution to the dispute. A key difference between negotiation and mediation is the involvement of a third party in the mediation process, which helps the parties to reach an agreed and compromise solution.
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Studti, Brendan Lyall. "Notes: Multi-tiered dispute resolution clauses — Peremptory steps or too vague to matter?" South African Law Journal 139, no. 3 (2022): 511–25. http://dx.doi.org/10.47348/salj/v139/i3a2.
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Multi-tiered dispute resolution clauses in agreements in South Africa are prevalent. In many instances these clauses provide for a sequence of dispute resolution processes, often commencing with negotiation, followed by mediation, and then, finally, arbitration. Arbitrators and parties to these clauses need to consider whether the preconditions to arbitration are sufficiently certain to be enforceable and whether they have been fulfilled. The issue has received little attention in South Africa but there is a considerable body of foreign case law on the topic. According to foreign precedent, it must be determined whether the interim steps preceding arbitration are conditions precedent to arbitration, and, if so, whether they are enforceable. This entails, in part, assessing whether the clause in the agreement is of sufficient certainty for a court to ascertain whether it has been complied with. This note presents an exposition of the foreign case law and demonstrates how the position in foreign jurisdictions is consistent with the law in South Africa. It also aims to set out the minimum requirements for an interim negotiation or mediation clause to be enforceable as a precondition to arbitration.
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Kusnadi, Apriliani, and Devi Siti Hamzah Marpaung. "Efektifitas Penyelesaian Sengketa Konsumen Melalui Proses di Luar Pengadilan (Melalui Jalur Mediasi)." Wajah Hukum 6, no. 1 (May 1, 2022): 80. http://dx.doi.org/10.33087/wjh.v6i1.710.
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A civil dispute in an agreement is a case that arises from an agreement that has been previously agreed upon by the parties. An agreement that starts from negotiation to produce an agreement that is written on a trading contract. The current condition shows that dispute resolution in court is no longer the main choice because it is considered not effective and efficient enough. The choice of dispute resolution through an arbitration institution is considered to provide its own advantages over going through a national court. And the neglect of consumer rights can invite losses that lead to consumer disputes. So the purpose of this main discussion is how the process of resolving consumer disputes based on UUPK and the process of resolving disputes through mediation channels. The research method is normative law, and obtains data by using secondary data based on legal provisions and periodic legal developments. The choice of dispute resolution through the UUPK can be resolved through court (litigation) and out-of-court (non-litigation) channels. And it has been explained in Article 48 of the UUPK that "the litigation path can be taken through filing a lawsuit through the court, looking at the provisions regarding the applicable general court". "Arbitration and Alternative Dispute Resolution" is "a civil dispute resolution institution that can be resolved through a procedure agreed upon by the parties, namely an out-of-court settlement through consultation, negotiation, mediation, conciliation or expert judgment". Then arbitration is a dispute resolution out of court based on an arbitration agreement as well. Mediation is a method of resolving disputes that has a main scope such as a private/civil law area. Mediation is "a settlement through the assistance of a third party, but the role of the mediator is only to bridge the parties without giving an opinion on dispute resolution".
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Buresh, Donald L. "Practical Suggestions for Win-Win, Win-Lose, Lose-Win, and Lose-Lose Strategies in Mediation or Arbitration." Journal of Human Psychology 1, no. 4 (March 23, 2022): 24–34. http://dx.doi.org/10.14302/issn.2644-1101.jhp-22-4129.
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This essay discusses the practical aspects of mediation and arbitration. The article outlines effective steps to implement win-win, win-lose, lose-win, and lose-lose negotiation strategies. It is posited that with a win-win strategy, the job of a mediator or arbitrator is to find a win-win scenario that is acceptable to both sides. The role of a mediator or arbitrator when the parties are engaging in win-lose, lose-win, and lose-lose strategies is different in that at least one of the parties is not seeking a win for all sides. In particular, when the parties are not involved in a win-win, and court is an option, the parties need to gain as much information about the opposing party as possible to use it to their advantage in court. This is unfortunate but, at times, a necessary result of not participating in a win-win outcome.
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Ruscalla, Gabriele. "Latest developments in conciliation and mediation in investor-state disputes." Revista Brasileira de Arbitragem 16, Issue 63 (October 1, 2019): 96–112. http://dx.doi.org/10.54648/rba2019033.
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Over the last decades, investor-State disputes have drastically increased in number. Most of these disputes are resolved through arbitration. The increase of the arbitration proceedings in investor- State matters is due to the high number of bilateral investment treaties and free trade agreements (“IIAs”) containing an arbitration clause which the dispute is based on. IIAs do not include only arbitration clauses: they also offer the parties other ways to settle their disputes through negotiation, conciliation and mediation. Research today suggests that conciliation and mediation have been rarely used in investor-State dispute resolution. The purpose of this article is to investigate the reasons why ADRs are still underused in the settlement of investor-State disputes, by analysing its pros and cons. The author will look into the current international legal instruments dealing with conciliation and meditation in investor-State disputes and will analyse the latest developments in the field. The article does not conclude that alternative dispute resolution methods should replace arbitration in investor-State matters: it rather suggests that, depending on the circumstances of the case, conciliation and mediation might be efficient mechanisms to settle disputes, alone or alongside arbitration procedures.
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Hoiri, Syamsul. "PERLUNYA MENGKAJI KEMBALI PERATURAN BANK INDONESIA TENTANG MEDIASI PERBANKAN." Jurnal Hukum & Pembangunan 38, no. 3 (September 3, 2008): 392. http://dx.doi.org/10.21143/jhp.vol38.no3.176.
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AbstrakUnder the Bank Indonesia regulation in year 2006 (PBI No.8/5/PBI/2006)has introduced the alternative dispute resolution in banking business. Themain purpose of institution is aimed to giving more facility for simple andfaster resolution through banking and lower customer dispute 's. The 2006regulation itself opens resolution methods by negotiation, conciliation,mediation, arbitration and litigation. The option to apply those methodswould tend to mediation procedure. More over for middle lower bankingcustomers and micro scale business will get more handicaps to choicelitigation or arbitration. It's by considering on length and spent more cashare needed. The resolution system also offers banking mediation institute(LMP) is the competence agent to conduct mediation process but then untilthe end of year 2007 the LMP have not taken shape. Then under regulationof year 2008 (PBI No. 10/ I/PBI/2008) temporary the resolution be handledby Directorate investigation and Banking Mediation of Bank Indonesia.
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Jumiati, Agatha, and Dahlia Dahlia. "DISPUTE SOLVING IN INDUSTRIAL RELATIONS BASED ON ACT NUMBER 2 YEAR 2004." Wacana Hukum 27, no. 1 (February 28, 2021): 84–92. http://dx.doi.org/10.33061/1.wh.2021.27.1.3990.
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Industrial relations dispute solving that managed in Act
No.2 Year 2004 On Industrial Relations Dispute Solvingcan be
solved by bipartite negotiation, conciliation, arbitration,
mediation, and industrial relations dispute court. The principle
of this matter is by putting negotiation first prior to other ways.
As managed in Act No.2 Year 2004On Industrial Relations Dispute
Solving everyone concerned are supposed to solve it in fast, fair,
and cheap ways.
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Зенкевич, Адам, and Adam Zygmunt Zienkiewicz. "Amicable Dispute Resolution: a comparison of the Polish and Russian legal perspective." Comparative Research In Law and Politics 2, no. 1 (June 15, 2014): 61–67. http://dx.doi.org/10.12737/5250.
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The article is devoted to Amicable Dispute Resolution (ADR). The essence of amicable means of dispute resolution and the basic forms of ADR (negotiation, mediation, arbitration) are considered. Author treats these forms as the first class justice. In his point of view mediation and the other basic forms of ADR are "the Complementary Forms of Justice". Then there is the detailed analysis focuses on the most important law acts concerning mediation in civil matters in Poland and the Russian Federation. The comparison presents the essential differences between the Polish and the Russian regulations. In conclusion, the five mainly motives of using ADR are noticed. The broader functions of ADR connected not only the classical regulatory, protective or harmonizing issues are shown.The article is devoted to Amicable Dispute Resolution (ADR). The essence of amicable means of dispute resolution and the basic forms of ADR (negotiation, mediation, arbitration) are considered. Author treats these forms as the first class justice. In his point of view mediation and the other basic forms of ADR are "the Complementary Forms of Justice". Then there is the detailed analysis focuses on the most important law acts concerning mediation in civil matters in Poland and the Russian Federation. The comparison presents the essential differences between the Polish and the Russian regulations. In conclusion, the five mainly motives of using ADR are noticed. The broader functions of ADR connected not only the classical regulatory, protective or harmonizing issues are shown.
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Márquez González, José Antonio. "Intervención notarial en conflictos del Agua." Enfoques Jurídicos, no. 2 (August 12, 2020): 151–78. http://dx.doi.org/10.25009/ej.v0i2.2552.
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RESUMEN: El presente ensayo examina el régimen legal del agua en nuestro país, revisando la Ley de Aguas Nacionales y su Reglamento, la Ley General de Salud, la Ley General de Equilibrio Ecológico y Protección al Ambiente y la Ley Federal de Responsabilidad Ambiental.Por otra parte, ante la inminente gravedad de los conflictos que resultan por el uso del líquido, se propone la intervención específica del notario como negociador, mediador, conciliador y árbitro, fundamentando su tarea en la larga evolución histórica y en la función social del notario moderno, como experto mediador con atribuciones fedatarias.Palabras clave: Agua, notario, negociación, mediación, conciliación, arbitraje. ABSTRACT: This essay examines the legal regime of water in Mexico. It starts with a review of Law on National Waters and its Regulation, the General Health Law, the General Law of Ecological Balance and Environmental Protection, and the Federal Law of Environmental Responsibility.In the near future imminent conflicts will result from the use of the liquid. So, the specific intervention of the latin notary public is proposed as negotiator, mediator, conciliator and arbitrator basing his task on the long historical evolution and on the social function of the modern latin notary public as an expert mediator with public faith.Keywords: Water, notary public, negotiation, mediation, conciliation, arbitration.
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Golovko, OLGA, and Vladislava Druz. "Mediation and arbitration: a legal dilemma." Law and innovative society, no. 2 (15) (January 4, 2020): 73–79. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-12.
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Problem setting. The active development of international trade in the 21st century requires the unification and consolidation of legislation and the creation of a unified law to enforce practice in areas related to international commercial arbitration and mediation. Economic disputes are an integral part of commercial relations. Arbitration as a mechanism for resolving conflicts is quite common. From French arbitrage translates as resolving a dispute by involving a mediator. At the same time, the parties may choose commercial mediation, consultation or negotiation. The implication is that it is quite difficult to choose only one method or the need to combine several methods to effectively resolve the dispute. Target of research. The purpose of the article is to analyze the main features of international commercial arbitration and mediation, determinate and establish peculiarities of legislative regulation in Ukraine and abroad. Analysis of recent researches and publications. A significant contribution to the study of this problem was made by O.M. Sadikov, N.O. Saniahmetova, M.M. Агарков, С.С. Alekseev, A.S. Vasiliev, O. A. Belyanevich, M. I. Braginsky, I. B. Zaverukha, I.E. Zamoysky, V.V. Kovalenko, G.F. Shershenev and others. Article’s main body. Ukraine has risen in the world rankings for the investment attractiveness «Doing Business 2020» – by 7 points and ranked 64th among 190 countries and significantly increased economic growth. This ensures the attractiveness of the investment market for Ukraine, which significantly affects the economic development of the country. For instance, a large number of agreements and obligations are concluded between the parties, in which the counterparties can be both the Ukrainian citizens and foreigners, which increases the growth rate of the Ukrainian economy. However, in the concluded agreements there are can be discrepancies, violations and improper fulfillment of obligations by contractors, which can turn into disrupts, interrelated contracts and even leads to a decrease in business activity and affects the reputation of such activities. To resolve such disputes, the parties have the opportunity to go to court or use alternative methods of resolving the conflict. At the discretion of the parties, alternative methods such as commercial mediation and international commercial arbitration are possible, which are designed to resolve disputes and disagreements arising from trading agreements. Conclusions and prospects for the development In conclusion, amendments in the legislation can help to precise the main advantages of international commercial arbitration and mediation, including: neutrality, centralized dispute resolution, final decision, confidentiality and time savings. That is why international commercial arbitration with the use of mediation is one of the most effective alternative methods of resolving commercial disputes. What is more, international arbitration and mediation as ways of alternative dispute resolution have been used since ancient times. However, recognition and enforcement at the level of state courts began in the 20th century – the signing of international conventions governing the procedure for enforcing and enforcing decisions, and states – parties to the conventions – ratified and enshrined in national law. In the future, there is an opportunity to improve the legislation by implementation of the new Act “On Mediation” and also by including mediation as a necessary part of arbitration process into the official rules.
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Karassavidou, Eleonara, and Yannis Markovits. "The Evolution of Dispute Resolution, Negotiation, and Mediation in Greece." Articles 51, no. 2 (April 12, 2005): 357–90. http://dx.doi.org/10.7202/051099ar.
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In this paper, a four-phase theory of industrial relations evolution is formulated so as to obtain a deeper understanding of contemporary deuelopments in industrial relations, as well as to situate the pattern of Greek industrial relations prior to 1990. Greece initiated a "U-turn " in its industrial relations system in the 1990s. The institutionalization of free collective bargaining, third party intervention on a voluntary basis, and the establishment of the Organization of Mediation and Arbitration (OMED) form the core of the new status quo in employee-employer relations in Greece. A general evaluation of the three years' experience of OMED indicates that a gradual, positive change in the atmosphere of the Greek industrial relations appears to have taken place. However, the transition from a long-standing low-trust and authoritarian industrial relations pattern requires the diffusion of new knowledge and experience, changes in cultures and support from multiple sources.
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Payne, Julien D. "Family Conflict Management and Family Dispute Resolution on Marriage Breakdown and Divorce: Diverse Options." Question d’actualité en droit de la famille comparé 30, no. 4 (December 8, 2014): 663–87. http://dx.doi.org/10.7202/1027763ar.
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Family law is only one piece of the puzzle as separating and divorcing couples attempt to manage the conflict and deal with the practical problems arising on marriage breakdown. Divorce is a process, not an event. It is multi-faceted. The emotional dynamics of marriage breakdown may require a time consuming therapeutic response but parenting and economic arrangements must be resolved expeditiously. There is a tendency to assume that spouses who are locked in conflict will find themselves in court. In reality, fewer than four per cent of divorces proceed to trial. The costs of litigation are far too high, both financially and emotionally. Most disputes are resolved by negotiation, often with the assistance of lawyers. If negotiations are to bear fruit at a manageable cost to family members, hard bargaining that reflects "a winner take all" mentality must be avoided; principled negotiation, as espoused by Roger Fisher, William Ury and Bruce Patton in Getting To Yes, can generate optimal results for all interested parties, including the children. Recent years have witnessed the growth of mediation, whereby a neutral third party assists family members in searching for consensus on matters in dispute. The mediator controls the process but the family members control the substantive outcome of their deliberations. Mediation is nothing more than structured negotiation where a third party facilitates resolution of the dispute. If a final settlement cannot be reached, one possible option is recourse to private arbitration in which a third party is given the authority to determine the respective rights and obligations of the spouses and their children. It is possible to combine the aforementioned processes for the purpose of reaching a complete settlement of matters in dispute. These processes are complementary to the judicial process and should be closely examined by all families faced by the cataclysmic disruption generated by a failed marriage.
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AYALEW, Negesse Asnake. "Long Rang Trans-Boundary Air Pollution Smelter Case Arbitration Outcome." International Journal of Environmental, Sustainability, and Social Science 1, no. 1 (March 31, 2020): 9–14. http://dx.doi.org/10.38142/ijesss.v1i1.11.
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The purpose of the investment is to bring benefits to the owners and sustainable development for the local community and for future generations. Arbitration is the process of resolving legal disputes between individuals, groups and countries. Every investment activity must ensure sustainable development to respect the rights of future generations. However; Canadian zinc smelting companies emit sulfur dioxide and cause air pollution in the United States. This created a dispute between Canada and the United States, then they agreed to settle it through a neutral arbitration court. As a result, this arbitration court ruling creates two principles of international environmental law primarily; the polluter pays the principle and obligation of the state not to damage the environment outside its jurisdiction. This arbitration award establishes the concept of Harm across borders and the principle of polluter pays to ensure the sovereignty of international environmental law. Therefore; if disputes arise between countries, they can resolve them through peaceful dispute resolution mechanisms such as negotiation, mediation and arbitration
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Konstantinidis, Ioannis. "Book Review: Emilia Justyna Powell. Islamic Law and International Law: Peaceful Resolution of Disputes." International Review of Law 9, no. 1 (December 1, 2020): 246–49. http://dx.doi.org/10.29117/irl.2020.0098.
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The settlement of inter-state disputes is an integral part of the international legal system. The obligation of States to settle their disputes peacefully is enshrined in Article 2(3) of the Charter of United Nations. In turn, Article 33 of the Charter identifies different means that can be employed by United Nations Member States with a view to peacefully resolving inter-state disputes, including, inter alia, “negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement”.
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Pastore, Ricardo Ferreira, and Daniela Monteiro Gabbay. "Arbitragem e Outros Meios de Solução de Conflitos em Demandas Indenizatórias na Área de Direito da Concorrência." Revista Brasileira de Arbitragem 11, Issue 43 (September 1, 2014): 7–32. http://dx.doi.org/10.54648/rba2014034.
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ABSTRACT: This article aims to address an issue that has emerged in Brazil in recent years: the filing of private antitrust claims, bringing the possibility of resolving this type of dispute outside the Courts. For this, the article analyzes the main precedents on the matter, as well as the arbitrability of such type dispute and the advantages of the choice of arbitration and other extra-judicial methods of conflict resolution, especially mediation and negotiation.
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Zahro, Ana Latifatuz, Muhammad Iqbal Fasa, and A. Kumedi Ja’far. "Analisis Penyelesaian Sengketa Ekonomi Syariah Secara Non Litigasi." Reslaj : Religion Education Social Laa Roiba Journal 4, no. 2 (December 17, 2021): 336–52. http://dx.doi.org/10.47467/reslaj.v4i2.716.
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The aims and objectives of the research are to find out the practice of resolving sharia economic disputes in a non-litigation manner and the application of sharia economic dispute auctions. In order to achieve the aims and objectives, this research uses a normative juridical research method with an approach that refers to the Qur'an, Al-Hadith, ijtihad, legal theory, legal principles and legislation. Sources of data are obtained from the Qur'an, Al-Hadith, books, laws and regulations, court decisions, and so on as long as they are interrelated. The practice of resolving sharia economic disputes in a non-litigation manner can be pursued by arbitration, namely through the Sharia Arbitration Board (“Basyarnas-MUI”) and by alternative dispute resolution methods, namely through Consultation, Negotiation, Mediation or Expert Assessment. This is related to arbitration through the Basyarnas-MUI for the procedures and procedures that have been regulated. Meanwhile, alternative dispute resolution by means of Consultation, Negotiation, Mediation or Expert Assessment has not been sufficiently regulated. Despite this, there is already a National Committee for Islamic Economics and Finance (KNEKS) whose function is to formulate and provide recommendations for solving problems in the Islamic economy and finance sector. In addition to that, there are also arbitration institutions and other alternative dispute resolution, but these institutions have not specifically regulated the non-litigation settlement of sharia economic disputes. The application of sharia economic dispute auctions can be carried out on material guarantees by means of parate execution, executive titles or underhand sales. However, against the auction mechanism, the debtor can still take legal action, namely the cancellation of the auction or resistance / objection to the auction. This of course, apart from being less effective, it does not provide as intended the purpose of the law and legal protection for interested parties.
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Adekola, Adetola Adeniyi, Busuyi Francis Olowo, and Olugbenga Timothy Ajadi. "ACADEMIC STAFF UNION VERSUS GOVERNMENT NEGOTIATION STRATEGIES: A VERITABLE TOOL FOR SUSTAINING INDUSTRIAL HARMONY IN ONDO STATE SECONDARY SCHOOLS, NIGERIA." IJIET (International Journal of Indonesian Education and Teaching) 5, no. 1 (January 27, 2021): 71–82. http://dx.doi.org/10.24071/ijiet.v5i1.2760.
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The study assessed negotiation strategies adopted by ASUSS and government for sustaining industrial harmony in Ondo State secondary school, Nigeria. The study adopted the survey research design using quantitative approach. The population for the study comprised 300 Principals, 600 Vice-Principals and 13,000 teachers from the 300 secondary schools in Ondo State. The sample was made up of 1500 respondents which comprised 90 principals, 180 vice-principals and 1,230 teachers using multistage sampling procedure. An instrument was use to gather data. The data collected were analysed using descriptive statistics. The findings of the study established that the causes of industrial disharmony between ASUSS and Ondo State Government were inadequate teaching and infrastructural materials (96.1%), unfavourable salary structure applicable in the State (97.3%), undue interference of government in union leadership and Government non-implementation of concluded agreements between ASUSS and Ondo State Government (93%). The findings also showed that the causes of the industrial disharmony have made ASUSS and Ondo State Government to have frequent disharmony annually (76.9%), every five years (76.7%), and biennially (76.7%). The results also indicated that the various negotiation strategies that have been adopted by ASUSS and government which include mediation (88.10%), conciliation (62.20%), arbitration (53.6%), formal Inquiry (99%) and reference to the National Industrial Court (99.10%). The results equally showed that the most effective strategies that frequently used in enhancing industrial harmony were board of inquiry (52%) and collective agreement (93,7%). The study concluded that mediation, conciliation, arbitration, formal inquiry and reference to the National Industrial Court were the ASUSS and Ondo State Government negotiation strategies as a means of ensuring industrial harmony in Ondo State secondary schools
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Zarosylo, Volodymyr, Oleksandr Kaplya, Kyrylo Muraviov, and Dmytro Myniuk. "Application of forms of alternative dispute resolution in Ukraine." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 4, no. 7 (July 15, 2022): 231–40. http://dx.doi.org/10.52028/rbadr.v4i7.14.
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Resolving legal conflicts is one of the main tasks of any state. This function is in most cases entrusted to the judiciary, but as experience shows, the court alone cannot ensure the effective functioning of the legal dispute resolution system. For every democratic state, the availability of an alternative is important, and the subject of law must be able to choose the ways of resolving legal disputes. Today in the world there are such alternative ways of resolving disputes as: arbitration, mediation, consultation, negotiations, intersession, conciliation procedure and others. The purpose of the article is to identify the advantages and disadvantages of alternative dispute resolution methods. The article analyzes the literature on this topic, and also presents the features of alternative ways of dispute resolution, which allows us to identify their advantages and disadvantages as a legal procedure. The existence in most countries of the world of alternative dispute resolution is to some extent positive for the parties to the conflict, because dispute resolution through arbitration, mediation, negotiation, consultation and other alternative dispute resolution allows to resolve it without state intervention and they can be solved much faster. Alternative dispute resolution can to some extent be a source of savings money for the state, as they exist independently and do not require funds to provide them from the state, while in Ukraine the system of commercial courts annually requires a fairly large cost of maintaining such courts
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Rasyid, Abdul. "Relevance of Islamic Dispute Resolution Processes in Islamic Banking and Finance." Arab Law Quarterly 27, no. 4 (2013): 343–69. http://dx.doi.org/10.1163/15730255-12341267.
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Abstract In the Islamic legal system, the ways in which disputes are resolved generally fall under two categories. The first category is through litigation, namely in Islamic courts (al-qaḍāʾ or adjudication), and the second is through amicable means such as negotiation, conciliation and compromise (naṣīḥah or sincere advice), mediation (ṣulḥ), arbitration (taḥkīm), mediation along with arbitration (ṣulḥ and taḥkīm), an ombudsman (muḥtasib), expert determination (Mufti’s fatwā, pl. fatāwā), etc. These mechanisms are called alternative dispute resolution (ADR) that refers to a range of dispute resolution processes which are alternative to traditional litigation. Over time, the term ADR is now coming to mean ‘appropriate dispute resolution’ or the most appropriate resolution process in the given circumstances. One of the principal goals of ADR is to provide parties with choices for the effective and efficient resolution of disputes. The above-mentioned dispute resolution processes have different characteristics. This article will discuss only the relevant mechanisms with a view to examine how far they may be suitable to resolve Islamic banking and finance disputes effectively, cheaply and quickly.
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Islamiyati, Dewi Hendrawati, Aisyah Ayu Musyafah, Asma Hakimah, and Ruzian Markom. "Religious Practices of Land Endowment: Examining Reform and Dispute Resolution Alternatives of Land Waqf in Indonesia and Malaysia." International Journal of Public Policy and Administration Research 9, no. 3 (November 28, 2022): 71–78. http://dx.doi.org/10.18488/74.v9i3.3204.
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The research aimed to analyze the land waqf dispute resolution mechanisms in Indonesia and Malaysia to provide the Indonesian government with ideas regarding land waqf dispute resolution laws. The approach adopted was a comparative study that highlights the mechanisms and models of waqf dispute resolution in Indonesia and Malaysia. The results show that the Indonesian waqf dispute resolution mechanism comprises two approaches: juridical and sociological. The juridical approach is based on Waqf Law No. 41 of 2004, Article 62. Meanwhile, the sociological approach is based on local wisdom and policies derived from Islamic law. In comparison, the mechanism for resolving waqf land disputes in Malaysia consists of two routes: the non-litigation channel, which consists of negotiation, mediation, and arbitration, and the litigation path, via the sharia court. In the Malaysian mediation pathway, the mediator and the advocacy institution are State Islamic Religious Councils (SIRCS), assisted by waqf managers and experts. An arbitration mechanism is often chosen because the management of waqf land is, for about 40 percent, associated with business, commerce, industry, and property. The similarities between the two countries are that they are committed to resolving waqf land disputes based on applicable law, the concept of justice, and the desire to protect human rights, minimize expenses, build good relationships after disputes, and provide advocacy for the rescue of the donated land assets.
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Zarosylo, Volodymyr O., Oleksandr M. Kaplya, Kyrylo V. Muraviov, Dmytro I. Myniuk, and Olena Yu Myniuk. "Alternative ways of resolving legal disputes and their application in Ukraine." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 4 (December 23, 2021): 232–38. http://dx.doi.org/10.37635/jnalsu.28(4).2021.232-238.
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Resolving legal conflicts is one of the main tasks of any state. This function is in most cases entrusted to the judiciary, but as experience shows, the court alone cannot ensure the effective functioning of the legal dispute resolution system. For every democratic state, the availability of an alternative is important, and the subject of law must be able to choose the ways of resolving legal disputes. Today in the world there are such alternative ways of resolving disputes as: arbitration, mediation, consultation, negotiations, intersession, conciliation procedure and others. The purpose of the article is to identify the advantages and disadvantages of alternative dispute resolution methods. The article analyzes the literature on this topic, and also presents the features of alternative ways of dispute resolution, which allows us to identify their advantages and disadvantages as a legal procedure. The existence in most countries of the world of alternative dispute resolution is to some extent positive for the parties to the conflict, because dispute resolution through arbitration, mediation, negotiation, consultation and other alternative dispute resolution allows to resolve it without state intervention and they can be solved much faster. Alternative dispute resolution can to some extent be a source of savings money for the state, as they exist independently and do not require funds to provide them from the state, while in Ukraine the system of commercial courts annually requires a fairly large cost of maintaining such courts. Resolving disputes through alternative methods also speeds up their resolution, but in some cases the process itself can be more expensive
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Sussman, Edna. "The Advantages of Mediation and the Special Challenges to its Utilization in Investor State Disputes." Revista Brasileira de Arbitragem 7, Issue 27 (September 1, 2010): 54–67. http://dx.doi.org/10.54648/rba2010041.
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ABSTRACT: Mediation has become increasingly accepted as a useful dispute resolution mechanism. It has had great success in the United States and the United Kingdom and, in recognition of its value, the European Union adopted the Mediation Directive in 2008 to encourage the use of mediation procedures1. With today's global economy and the tremendous growth of cross border commerce, mediation is coming to the fore as it has long been a part of the societal culture in many nations. Moreover, the recent economic downturn, which has caused all parties to look for cost saving measures, is increasingly leading to greater utilization of mediation. The very success of mediation as a dispute resolution tool is itself creating its own momentum and leading to significant growth in the use of mediation in the resolution of private commercial disputes. The success of mediation has led to consideration of whether the application of mediation techniques should be encouraged and developed in the context of investor state disputes. This article reviews the many advantages mediation offers over direct negotiation and adjudication in arbitration or court, how those advantages apply to investor state disputes and the special challenges that investor state disputes present to the success of a mediation.
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Clay, Thomas. "La réforme des articles du Code civil sur larbitrage en France." ASA Bulletin 35, Issue 1 (February 1, 2017): 40–54. http://dx.doi.org/10.54648/asab2017004.
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Even if it covers many areas of French procedural law, the “21st Century Justice” law specifically encourages Alternative Dispute Resolution (ADR), with an entire title dedicated to it. The new law adopts a broad concept of ADR, including mediation, conciliation, participatory procedure, negotiation and arbitration. It modifies, sometimes substantially, their legal regimes in order to develop and facilitate their use. The purpose of this article is to trace the story of this reform and explain its content, in the context of arbitration only. In relation to the domestic arbitration agreement, Article 2061 of the French Civil Code has been rewritten in two major ways: on the one hand, its scope has been significantly broadened since it can now be introduced in all contracts, including civil ones, as long as the parties freely dispose of their rights and agreed to it. This means that the arbitration agreement is no longer reserved for professionals only. On the other hand, when it is part of a consumer contract, it is also valid but the consumer will be able to waive it once the dispute has arisen. The modernity of its solutions and the fair balance between the parties are the two sides of this small revolution that projects arbitration into the 21st century.
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M. Zulhafiz, Wan, ., and . "The Role of Asian International Arbitration Centre (AIAC) as a regional Hub for Oil and Gas Sector." International Journal of Engineering & Technology 7, no. 3.21 (August 8, 2018): 345. http://dx.doi.org/10.14419/ijet.v7i3.21.17185.
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Hydrocarbons projects involve multiple parties, including sovereign states and corporations, to operate expensive, complex and high-risk activities. Alternative dispute resolution (ADR) is often preferred more by the parties than litigation to ensure the smooth running of the projects. ADR refers to all mechanisms of dispute settlement other than litigation such as negotiation, mediation, adjudication, and arbitration. The Asian International Arbitration Centre (AIAC) or formerly known as the Kuala Lumpur Regional Centre for Arbitration (KLRCA) is the main institution that administers and resolves all commercial arbitration disputes in Malaysia. This research argues that, due to the technicalities and complexity of operations in the oil and gas sector, there is a need to set up a special arbitration centre for oil and gas under the AIAC to handle and resolve the industrial disputes. Furthermore, by establishing the centre, it can help to promote the AIAC as the choice of arbitration hub, especially within the Organization of the Petroleum Exporting Countries (OPEC). In doing so, it is necessary to pass a special legal framework to enable the establishment of the centre. It may function as a roadmap by the key players of the oil and gas sector to recourse in resolving disputes. The methodology employed by this research is carried out in a prescriptive, comparative and analytic manner.
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Owsiak, Andrew P., Allison K. Cuttner, and Brent Buck. "The International Border Agreements Dataset." Conflict Management and Peace Science 35, no. 5 (July 8, 2016): 559–76. http://dx.doi.org/10.1177/0738894216646978.
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We introduce a dataset that focuses on the delimitation of interstate borders under international law—the International Border Agreements Dataset (IBAD). This dataset contains information on the agents involved in (e.g. states, third-parties, and colonial powers), methods used during (e.g. negotiation, mediation, arbitration, adjudication, administrative decrees, post-war conferences, and plebiscites), and outcomes of (e.g. full and intermediate agreements) the border settlement process during the period 1816–2001. Our focus on international legal agreements and the process that produces them makes the IBAD valuable for those that study not only territorial conflict, but also international conflict, cooperation, law, and conflict management.
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Ray, Philip. "Private Dispute Resolution in International Business: Negotiation, Mediation, Arbitration, (3rd revised ed.), by Klaus Peter Berger." Arbitration International 32, no. 2 (November 30, 2015): 388–96. http://dx.doi.org/10.1093/arbint/aiv068.
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Shen, Jie. "An Analysis of Changing Industrial Relations in China." International Journal of Comparative Labour Law and Industrial Relations 22, Issue 3 (September 1, 2006): 347–68. http://dx.doi.org/10.54648/ijcl2006018.
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Abstract: This paper explores changing industrial relations in China by reviewing the existing literature and analysing a recent industrial relations survey conducted by the Shanghai Municipal Trade Union Council. During the transition from a planned economy to a quasi-market one, a harmonic relationship has been replaced by widespread labour disputes between enterprise management and workers. The growing violations of workers? rights are mainly due to diversity of ownership, a lack of regulations for human resources management, extended management power over employment relations, inadequate social security, surplus labour supply and weak unions. In order to achieve social stability the Chinese government is keen to establish a system of protection of workers? rights. The current system is centred on labour arbitration that is accompanied by tripartite negotiation, collective (regional) agreements and labour courts. Unions play no more than a role of mediation, organising meetings in tripartite negotiation. Consequently, local labour bureaux or (government) industry bureaux have a strong tendency to interfere in and influence industrial relations. ?Rival? regional unions or workers? congresses set up by the union council to represent workers in their regions are emerging. However, they have not yet played an active role in solving labour disputes. Strengthening labour arbitration is the key to developing labour dispute management strategies in China given that independent unions are not possible in the near future.
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Santoso, Vira Aprillia. "Legal Protection on E-Commerce Transactions: Problems and Challenges in Global Business." Semarang State University Undergraduate Law and Society Review 1, no. 2 (July 31, 2021): 101–12. http://dx.doi.org/10.15294/lsr.v1i2.50552.
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Electronic commerce or so-called E-Commerce is a borderless market that can transcend all borders, such as time differences, language differences, currency differences and regulatory differences. E-Commerce is very popular with today's society because of the many conveniences that exist in it, because many users of the problem also increasingly colorful, the country is already set through the Consumer Protection Act. Unlimited E-Commerce transactions that transcend regional differences in the event of a dispute are often resolved through Alternative Dispute Resolution (ADR) in which there are various forms such as negotiation, mediation, conciliation, consultation, expert judgment and arbitration. ADR is a non litigation path because if solved by a litigation path it will definitely take longer.
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Triana, Nita. "Alternative Dispute Resolution Model in the AJB Bumiputera Life Insurance Company of Purwokerto in Shari'ah Perspectives." AL-'ADALAH 15, no. 2 (January 24, 2019): 367. http://dx.doi.org/10.24042/adalah.v15i2.3004.
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Resolution of disputes by way of litigation always takes a long time, expensive dan results in a win and lose solution. Therefore resolution outside the court( non-litigation) is an alternative choice. This study analyses the resolution of insurance disputes using several methods or models outside the Court. This research is non-doctrinal legal research, with a socio-legal approach. It analyses a settlement model used by of Life Insurance AJB Bumiputera Purwokerto in the event of default of the insured/customer premium and the customer’s insurance claim against the company. The settlement involves several stages, first, by means of consultation and negotiation, second by means of mediation involving OJK (Financial Services Authority) as a neutral mediator, and the last, by means of conciliation and arbitration. In the perspective of Islamic law, this solution model is similar to the concept of sulh, a type of disputes resolution in which the conflicting parties drive to settle their dispute peacefully.
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Danyliuk, Ivan. "Vatican diplomacy and the Beagle conflict (1978 – 1984)." American History & Politics: Scientific edition, no. 12 (2021): 59–69. http://dx.doi.org/10.17721/2521-1706.2021.12.6.
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The papal arbitration for the peaceful settlement of the confrontation between Argentina and Chile from 1978 to 1984 in the Beagle Strait on the islands of Picton, Lennox, Nueva is investigated in the article. Achieving this goal involves solving the following research tasks: to investigate the causes of the Argentine-Chilean conflict; to analyze the peculiarities of the Argentine-Chilean confrontation; to study the procedure of papal arbitration during the reconciliation of Argentina and Chile (1978–1984). Research methods: in the article used philosophical (metaphysics and dialectics), general scientific (analysis and synthesis, induction and deduction, analogy and modeling) and historical (ideographic, periodization, historical-genetic, historical-comparative, historical-systemic) methods. The scientific novelty of the results of the study is in analyze the causes, features of the course and exacerbation of the conflict between Argentina and Chile in 1978 – 1984, and attempts to conduct a comprehensive study of the negotiations and peaceful settlement of the Argentine-Chilean conflict in the Beagle Strait through mediation of Vatican diplomats. The author concludes that the 1978 armed confrontation between Argentina and Chile was prevented by the timely intervention of Roman Pontiff John Paul II, who proposed to the leaders of Argentina and Chile personally arbitrate the conflict in the Beagle Strait. The Pope’s timely intervention helped preserve the fragile peace between the two neighboring countries, as well as the resumption of diplomatic negotiation between Argentina and Chile under Vatican mediation. As a result of lengthy negotiations, Vatican diplomats managed to persuade the governments of Argentina and Chile to conclude a peace agreement and reconcile the two Latin American countries. Also, in the article was noted that the Pope and the Catholic clergy in Chile and Argentina used public diplomacy to influence keep peace between two countries. The Catholic Church in Argentina and in Chile was aware of the importance of public opinion and used instruments of public pressure to reconcile Argentina and in Chile. For example, the Catholic clergy in Argentina and in Chile used the media (television, radio, and the press) to call for peace and reconciliation. The Church has also begun organizing peaceful rallies, pilgrimages, and special masses in both Argentina and Chile designed to form public support for peace efforts.
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Remen, Omon, Endeh Suhartini, and Ani Yumarni. "DISPUTE SETTLEMENT OF INDUSTRIAL RELATION OF PT. HAENGNAM SEJAHTERA INDONESIA IN THE MEDIATION STEP OF DINAS TENAGA KERJA OF KABUPATEN BOGOR." DE RECHTSSTAAT 4, no. 1 (March 1, 2018): 63–79. http://dx.doi.org/10.30997/jhd.v4i1.1240.
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Importance of law development Indonesia especially about law of labor will bring a positive issue for industriaI people. Industry as a one of economic center should have regulation to resolve conflict happens within production process. This research is to know the solution of industrial relation conflict which is done by labor union, based on Law No. 2 of 2004 about Industrial Relation Dispute Settlement, to advocate dispute The method for this research is by using normative empirical approach towards Laws and regulation, or literatures and field study to one of the private companies in Kabupaten Bogor. Conclusion of this research is that procedures to settle the dispute of industrial relation done by labor union in accordance with Law No 21 Tahun 2004 are: 1) Bipartite negotiation. 2) Authorized institution of manpower (mediation, conciliation, and (arbitration). 3). Industrial Relation Courts
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D'Alessandro, Giampiero. "The alternative dispute resolution system in Italy: between harmonization with the requirements of European markets and de-juridicalization." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 1, no. 1 (June 1, 2019): 77–100. http://dx.doi.org/10.52028/rbadr.v1i1.4.
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The topic of Alternative Dispute Resolution is comprehensively presented in Italy because of two different demands. The first is a demand presented at the European level to adopt measures that are meant to align the legal and regulatory provisions of different member States, even through the development of alternative methods for dispute resolution, in order to guarantee better access to justice at large, and this can be done through the use of supplemental and alternative dispute resolution methods which are of equal dignity to court proceedings. The second demand is presented at the national level and aims respond to the slowness of local court proceedings through so-called de-juridicalization, where legislations pertaining to A.D.R were supplemented with emergency measures that now include alternative tools among them. This complex tableau led to the creation of very detailed tools for dispute resolution on the civil front, tools that were often borrowed from foreign experiences. This paper wishes to offer a general framework of the principal players, without necessarily being exhaustive. In fact, in addition to Arbitration, which finds its origins in the Civil Code, Italian regulators have added over time procedures for civil and commercial mediation, assisted negotiation, settlement procedures for overindebtedness crisis and mediation on matters of energy and telecommunications and, more in general, on consumer matters. Some of these tools take on a principally deflationary function on matters of civil disputes where these same tools are considered necessary and constitute a condition of admissibility to be able to start legal proceedings. Faced with this complex tableau, in 2016 the Italian Ministry of Justice established a research committee, composed of professors, judges, lawyers and notaries who were entrusted with the task reassessing organically the matter with the aim of developing “de-juridicalization” tools using mediation, assisted negotiations and arbitration. In January 2017, this Commission, at the end of its tenure, presented a series of proposal to modify the legislation that was then in force. These proposals are to this day still under consideration by the Ministry of Justice. The establishment of the aforementioned Commission seemed justified because of the imminent termination of the implementation period for the compulsory mediation required by law for some disputes on civil and commercial matters, pursuant to Article 5, para. 1-bis, of Legal Decree 28/20106 that, instead, found a solution after changes made to convert Legislative Decree No. 50, April 24, 2017,7 through the so-called corrective action of 2017, into Law No. 96 of June 21, 2017.
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Agegnehu, Sayeh Kassaw, Tilahun Dires, Worku Nega, and Reinfried Mansberger. "Land Tenure Disputes and Resolution Mechanisms: Evidence from Peri-Urban and Nearby Rural Kebeles of Debre Markos Town, Ethiopia." Land 10, no. 10 (October 11, 2021): 1071. http://dx.doi.org/10.3390/land10101071.
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In Ethiopia, like in other developing countries, land disputes are critical problems both in peri-urban and rural areas. Handling such disputes requires scientific and evidence-based interventions. This study analyzes the nature, types, and causes of land tenure disputes and the resolution mechanisms thereof in peri-urban and nearby rural kebeles of Debre Markos town. Interviews for the investigation were conducted with sample landholders and concerned legal experts in Debre Markos town’s peri-urban area and Gozamin Wereda of Amhara National Regional State in Ethiopia. Compared to rural areas, the incidence of land tenure disputes is high in peri-urban areas. The land tenure disputes identified in the study areas are boundary trespassing disputes, landholding disputes, land rental disagreements, divorce-related land disputes, bequeath disputes, parcel exchange disputes, and land use-related disputes. The land tenure disputes are resolved mainly by formal means such as court litigations and administrative decisions, or by informal means known as alternative dispute resolution mechanisms (ADRMs). In both study areas, negotiation, mediation/conciliation, and arbitration are the most frequently employed ADRMs. In particular, mediation plays a significant role in resolving symmetrical land tenure disputes both in peri-urban and rural areas.
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Marlina, Heni, and Mulyadi Tanzili. "Penyelesaian Sengketa Perbankan Syariah Melalui Litigasi Menurut Peraturan Perundang-Undangan Di Indonesia." SALAM: Jurnal Sosial dan Budaya Syar-i 9, no. 5 (July 26, 2022): 1445–60. http://dx.doi.org/10.15408/sjsbs.v9i5.27360.
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Banking has a function as an intermediary institution, namely mobilizing funds from people who have excess funds and channeling them back to people in need in the form of financing facilities. Banking has a vital role in the economic sector, especially in regulating the circulation of money in society. The research method used is a qualitative research method with a literature approach. The results of the study state that the settlement of sharia banking disputes through non-litigation can be carried out through arbitration and alternative settlements, which consist of consultation, negotiation, mediation, conciliation, or expert judgment as regulated in Law Number 30 of 1999 concerning Arbitration and Alternative Disputes. In arbitration, customers and Islamic banks are given the right to choose the material law to be applied as stipulated in Article 56 paragraph (2) of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.Keywords: Dispute Resolution; Syariah banking; Litigation Abstrak Perbankan memiliki fungsi sebagai intermediary institution, yakni mengerahkan dana dari masyarakat yang memiliki kelebihan dana dan menyalurkannya kembali kepada masyarakat yang membutuhkan dalam bentuk fasilitas pembiayaan. Perbankan memiliki peran vital dalam sektor perekonomian, khususnya dalam mengatur perputaran uang di masyarakat. Metode penelitian yang digunakan adalah metode penelitian kualitatif dengan pendekatan literatur. Hasil penelitian menyatakan bahwa penyelesaian sengketa perbankan syariah melalui non litigasi dapat dilakukan melalui arbitrase dan alternatif penyelesaian, yang terdiri dari konsultasi, negosiasi, mediasi, konsiliasi, atau penilaian ahli sebagaimana diatur dalam Undang-Undang Nomor 30 Tahun 1999 tentang Arbitrase dan Alternatif Sengketa. Dalam arbitrase, nasabah dan bank syariah diberikan hak untuk memilih hukum materil yang akan diterapkan sebagaimana diatur Pasal 56 ayat (2) Undang-Undang Nomor 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa.Kata Kunci: Penyelesaian Sengketa; Perbankan Syariah; Litigasi
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Keating, J. Michael. "For the bookshelf: Settle it out of court: How to resolve business and personal disputes using mediation, arbitration, and negotiation." Alternatives to the High Cost of Litigation 12, no. 11 (November 1994): 134. http://dx.doi.org/10.1002/alt.3810121103.
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Triana, Nita. "Reconstructing Sharia Economic Dispute Resolution Based on Indonesian Muslim Society Culture." Ijtimā'iyya: Journal of Muslim Society Research 2, no. 1 (March 31, 2017): 107–28. http://dx.doi.org/10.24090/ijtimaiyya.v2i1.1099.
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This paper describes the settlement of disputes in the field of Islamic economy based on Indonesian Muslim society culture. The research method used is Library research with normative juridical approach. In business, whether based on conventional or sharia, conflict or dispute sometimes happens and can not be avoided. The settlement of disputes in the Court, takes a long time, the cost is huge and the result is a win-lose, resulting in a sense of unfairness to either party. For that Sulh (peaceful) in resolving the dispute sharia economy becomes the choice of the sharia economic actors if there is a dispute between the parties. Sulh (peace) can be developed with various models, such as negotiation, mediation or arbitration. This dispute resolution model is more acceptable to the society, because philosophically the values of Sulh (peace) already exists intrinsically in the culture of Indonesian society which prioritizes deliberation and harmony in the life of society.
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García Lirios, Cruz. "Factorial Structure Determining The Intention To Vote Ecology." Malikussaleh Social and Political Reviews 3, no. 1 (July 1, 2022): 21. http://dx.doi.org/10.29103/mspr.v3i1.7275.
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The political system in which it is possible to observe the similarities and differences between groups for and against presidential candidates based on processes of negotiation, mediation, conciliation and arbitration around the management and administration of Information Technologies and Communication is known as governance. This is a growing phenomenon as local or federal elections approach and digital networks are exacerbated as instruments for the promotion or dissuasion of a candidate. In this sense, the objective of the study was to optimize the Governance instrument of the Cyber Political Culture of Carreón (2016) in order to pay the reliability and validity of it; explore the relationship between preferences and expectations regarding voting intentions in a non-probabilistic sample of students using digital networks. From a structural model it was found that the consensus expectation factor determined the intentions to vote. The scope and limits of the exploratory factor analysis of main axes with a simple and oblique promax rotation regarding the confirmation of an orthogonal structure are discussed
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Khusniyah, Nurul Khotimatul, and Widayati Widayati. "Implementation of Signature Validity On Electronic Documents in Proof Indonesian Civil Procedure Law." Law Development Journal 3, no. 4 (December 31, 2021): 767. http://dx.doi.org/10.30659/ldj.3.4.767-773.
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This study aims to identify and analyze the acknowledgment of signatures on an electronic document in the evidence of civil procedural law in Indonesia, and to find out and analyze the implementation of civil dispute resolution submitted by the parties by means of electronic documents signed with digital signatures. The method used in this research is to use an empirical juridical approach. Electronic documents, in this case digital signatures, can be used as evidence in court, which is an extension of the evidentiary law in Indonesia after the ITE Law, but only has the power of proof as an underhand deed not as an authentic deed. In the process of settling a lawsuit for civil proceedings through litigation media, it is carried out amicably first by means of a peace made by the party concerned without the assistance of an authorized official. Efforts to settle through non-litigation media can be carried out in three ways, including arbitration, negotiation, and mediation.
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Hairul Maksum. "TINJAUAN YURIDIS TERHADAP TATA CARA PENYELESAIAN SENGKETA HUBUNGAN INDUSTRIAL DARI TINGKAT NON LITIGASI SAMPAI TINGKAT LITIGASI." Journal Ilmiah Rinjani : Media Informasi Ilmiah Universitas Gunung Rinjani 10, no. 2 (July 30, 2022): 91–100. http://dx.doi.org/10.53952/jir.v10i2.428.
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In conducting this research, the aim is to provide understanding to the community, both the working community and the employer community, so that they can find out how to resolve labor disputes and how to defend their rights if they are violated. This research is normative in its implementation of the legal approach model and conceptual model. The results of this study include: First, through the bipartite negotiation route, i.e., if there is a dispute, the workers/labor unions and the company first conduct negotiations within the company internally to resolve the problem before resolving the dispute using the services of a third party. Second, through arbitration; third, through conciliation; and fourth, through mediation. To settle a dispute through litigation or the courts, the disputing parties must attach the minutes of any non-litigation dispute resolution, such as mediation or conciliation, that they have done in the past. If the minutes are not attached, the judge must reject the plaintiff's claim. Keywords: dispute, litigation, non-litigation Abstrak Dalam melakukan penelitian ini tujuannya untuk memberikan pemahaman kepada masyarakat, baik itu masyarakat pekerja dan masyarakat pemberi kerja agar dapat mengetahui bagaimana tatacara penyelesaian sengketa ketenagakerjaan, dan bagaimana seharusnya mempertahankan hak-hak mereka apabila dilanggar. Penelitian ini bersifat normatif, dalam pelaksanaanya model pendekatan perundangan serta model secara konseptual. Adapun hasl penelitian ini, diantaranya : Pertama, melalui jalur perundingan secara Bipartit, yaitu apabila terjadi perselisihan maka pihak pekerja/serikat pekerja dan perusahaan terlebih dahulu melakukan perundingan dalam internal perusahaan untuk menyelesaikan masalah sebelum menyelesaikan sengketa menggunakan jasa pihak ketiga. Kedua, melalui jalur arbitrase, Ketiga, melalui jalur Konsiliasi dan Keempat, melalui jalur mediasi. Untuk menyelesaikan sengketa melalui jalur litigasi/Pengadilan harus dilampirkan risalah penyelesaian sengketa non litigasi seperti Mediasi dan konsiliasi yang telah dilakukan sebelumnya oleh para pihak yang bersengketa, dan apabila tidak dilampirkan risalah tersebut maka hakim wajib menolak gugatan penggugat.
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Wolff, Reinmar. "Book Review: Private Dispute Resolution in International Business: Negotiation, Mediation,Arbitration, 3rd edn, by Klaus Peter Berger. (Wolters Kluwer, 2015)." Journal of International Arbitration 32, Issue 6 (December 1, 2015): 711–13. http://dx.doi.org/10.54648/joia2015034.
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Dewi, Ni Made Trisna. "Penyelesaian Sengketa Non Litigasi Dalam Penyelesaian Sengketa Perdata." Jurnal Analisis Hukum 5, no. 1 (April 25, 2022): 81–89. http://dx.doi.org/10.38043/jah.v5i1.3223.
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The judiciary is basically formed to try and solve problems, but in reality sometimes it is not able to solve the problems faced by the parties, sometimes even causing new problems, namely prolonged hostility between the disputing parties. The problems that will be discussed in this research are What are the legal remedies for non-litigation settlement in dispute resolution according to civil law?, and what are the obstacles to resolving non-litigation disputes according to civil law? The research method used is an empirical research method that is guided by data collection techniques with direct interviews with competent people using peace theory, effectiveness theory in the rule of law concept to study and get answers to existing problems. The results of this study are legal efforts to resolve disputes over buying and selling diamonds in civil law cases, namely by non-litigation, this is generally done in civil cases only because it is more private in nature by having several forms to resolve disputes, namely: Negotiation, Mediation and Arbitration. Meanwhile, the obstacles to non-litigation settlement in the settlement of civil law cases of buying and selling are juridical barriers regarding mediation and the validity of the results of the peace where the parties sometimes or the public doubts the final outcome of dispute resolution through mediation and non-juridical barriers, namely obstacles that occur because the parties involved directly related to the diamond sale and purchase dispute, prioritizing emotions in problem solving. The emotional factor with its arrogance assumes that all parties are in the right position, so they don't want to give up.
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Maharani, Ni Made Intan, Anak Agung Sagung Laksmi Dewi, and Luh Putu Suryani. "Penyelesaian Sengketa Para Pihak Yang Telah Terikat Dalam Perjanjian Arbitrase (Studi Kasus Di Pengadilan Negeri Denpasar)." Jurnal Analogi Hukum 2, no. 1 (March 4, 2020): 119–23. http://dx.doi.org/10.22225/ah.2.1.1615.119-123.
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Aside from going through the courts, there are alternatives that can be passed through the dispute, namely negotiation, mediation and arbitration. Arbitration institutions are bodies chosen by the parties to the dispute to provide decisions regarding certain disputes, these institutions can also provide a binding opinion of a legal relationship from matters that have not arisen yet. The formulation of the problem raised in this study is how this arrangement for dispute resolution of parties who have been bound in an arbitration agreement, as well as how the judges' legal considerations in resolving disputes in an arbitration agreement. This research is a normative legal research. Arrangement for dispute resolution of parties that have been bound in the arbitration agreement is contained in law number 30 of 1999 concerning arbitration and alternative dispute resolution, in which the dispute resolution is handed over by professional Arbitrators who will act as judges or private courts who will apply the procedure the way the peace law has been mutually agreed upon by the parties to arrive at a final and binding decision. Judge's Legal Considerations in the Case Verdict of the Denpasar District Court Class I A Number 3/Pdt.G/2017/PN.Dps. that is based on Article 3 of Law Number 30 of 1999 Concerning Arbitration and Alternative Dispute Resolution, which states that the District Court is not authorized to adjudicate disputes of parties who have been bound in an arbitration agreement
Selain melalui pengadilan, teruntuk mengatasi kasus sengketa ada suatu alternatif yang dapat dilalui, yaitu dengan cara negosiasi, mediasi, dan arbitrase. Lembaga arbitrase merupakan badan yang dipilih oleh para pihak yang bersengketa untuk memberikan putusan mengenai sengketa tertentu, lembaga tersebut juga dapat memberikan pendapat yang mengikat dari sebuah keterkaitan hukum dari hal yang belum timbul sengketa. Adapun rumusan masalah yang diangkat dalam penelitian ini adalah bagaimana ini pengaturan penyelesaian sengketa para pihak yang telah terikat dalam perjanjian arbitrase, serta bagaimana pertimbangan hukum hakim dalam penyelesaian sengketa dalam perjanjian arbitrase. Penelitian ini merupakan penelitian hukum normative. Pengaturan penyelesaian sengketa para pihak yang telah terikat dalam perjanjian arbitrase yaitu terdapat pada undang-undang nomor 30 tahun 1999 tentang arbitarse dan alternatif penyelesaian sengketa umum, yang dimana penyelesaian sengketa tersebut diserahkan Arbiter yang profesional yang akan bertindak sebagai hakim atau peradilan swasta yang akan menerapkan tata cara hukum perdamaian yang telah disepakati bersama oleh para pihak tersebut untuk sampai pada putusan yang final dan mengikat. Pertimbangan Hukum Hakim Dalam Putusan Perkara Pengadilan Negeri Denpasar Kelas I A Nomor 3/Pdt.G/2017/PN.Dps. yaitu didasarkan pada Pasal 3 Undang-Undang Nomor 30 Tahun 1999 Tentang Arbitrase Dan Alternatif Penyelesaian Sengketa, yang menyatakan bahwa Pengadilan Negeri tidak berwenang untuk mengadili sengketa para pihak yang telah terikat dalam perjanjian arbitrase.
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Ківалов, C. В. "СУТНІСТЬ ТА ОСОБЛИВОСТІ ДОСУДОВОГО ВРЕГУЛЮВАННЯ АДМІНІСТРАТИВНО-ПРАВОВИХ СПОРІВ." Наукові праці Національного університету “Одеська юридична академія” 14 (May 22, 2019): 5–18. http://dx.doi.org/10.32837/npnuola.v14i0.309.
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У статті проаналізовано поняття, сутність та особливості досудового урегулювання адміністративно-правових спорів. Особливу увагу приділено співвідношенню понять «способи, альтернативні правосуддю» й «альтернативне вирішення спорів». Здійснено поділ досудових способів за такими критеріями: 1) за суб'єктом, що здійснює процедуру вирішення спору: а) державні процедури врегулювання спору; б) недержавні процедури врегулювання спору; 2) за методом врегулювання спору: а) примирювальні (компромісні) процедури; б) правовїдновлювальні процедури; в) змішані процедури. Визначено, що найбільш поширеними методами досудового вирішення спорів с переговори, посередництво, арбітраж.
The paper analyzes the concept, essence, and characteristics of pre-trial settlement of administrative legal disputes. Particular attention is paid to the relationship between the concepts "methods alternative to justice" and "alternative dispute resolution". The author carries out the classification of pre-trial methods according to the following criteria: 1) by the entity that carries out the procedure for dispute settlement: a) state dispute settlement procedures; b) non-state dispute settlement procedures; 2) by the method of settlement of the dispute: a) conciliation (compromise) procedures; b) procedures for restoration of rights; c) mixed procedures. It is determined that the most common methods of pre-trial dispute resolution are: negotiation, mediation, arbitration.
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Jeliantika, Raja Malinda, and Harapan Tua. "STRATEGI RESOLUSI KONFLIK LAHAN OLEH PT. SURYA BRATASENA PLANTATION DENGAN MASYARAKAT DI KECAMATAN PANGKALAN KURAS KABUPATEN PELALAWAN RIAU." Journal Publicuho 4, no. 1 (March 24, 2021): 171. http://dx.doi.org/10.35817/jpu.v4i1.17012.
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Conflicts in oil palm plantation companies cannot be separated from land problems with the community. This conflict occurred due to the existence of community land within the PT. Surya Bratasena Plantation due to an error in the previous shaving. The purpose of this research is to see and understand how the company strategy in its efforts to settle land with the community and to find out what factors are the obstacles to the implementation of the Land Conflict Resolution Strategy made by PT. Surya Bratasena Plantation. The theory used in this research is conflict resolution theory with three indicators, namely negotiation, mediation and arbitration. To answer this research problem, researchers used qualitative methods using data collection techniques such as interviews and documentation, then analyzed and looked for conclusions about these problems. The results of this study indicate that the strategy that has been made by PT. Surya Bratasena Plantation and offered to the community can solve the problem without involving a third party in its resolution. The inhibiting factor in carrying out this strategy is the presence of outsiders as provocateurs to make people not want to make peace.
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Sopamena, Ronald Fadly. "Alternative Dispute Resolution Dalam Sengketa Bisnis Internasional." Balobe Law Journal 2, no. 1 (April 17, 2022): 1. http://dx.doi.org/10.47268/balobe.v2i1.767.
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Introduction: The importance of understanding international business contract law is because international business will involve more than one country so that the laws in these countries will also differ from one another. This will cause problems if there is a business dispute between two parties from different countries.Purposes of the Research: Thus, this study aims to analyze dispute resolution, especially alternative dispute resolution in international business.Methods of the Research: The research method used is normative juridical or what is known as legal research which is carried out by reviewing and analyzing the substance of the legislation on the subject matter or legal issue in its consistency with existing legal principles.Results of the Research: Choice of law is a consequence in an international business contract as a result of different legal rules in each country. Alternative dispute resolution is a method of dispute resolution that can be used in international business disputes. Arbitration, Mediation, Conciliation, Negotiation and Consultation can be used as initial options so that a solution can be obtained from the disputes faced before going through the litigation route which of course will be more time consuming and costly.