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Journal articles on the topic 'Civil dispute'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

Doley, Bitupan, Parimita Bhuyan, and Jayanta Krishna Sarmah. "Inter-state Border Disputes in North-East India: A Case of Assam and Meghalaya." Journal of North East India Studies 13, no. 2 (2023): 55–71. https://doi.org/10.5281/zenodo.12795910.

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This paper attempts to trace the root cause of the boundary dispute between Assam and Meghalaya and highlights the governmental efforts towards the settlement of inter-state border conflicts between the two states. It particularly study four aspects of border disputes based on field notes: people’s participation in border conflict resolution, responses of people of disputed areas towards government interventions, civil society participation in disputed areas, and development of inter-state border areas between Assam and Meghalaya. The field study reveals that people of the bordering area

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Wiguna, Made Oka Cahyadi. "Peluang Penyelesaian Sengketa Perdata Tentang Tanah Melalui Alternative Dispute Resolution." Masalah-Masalah Hukum 47, no. 1 (2018): 47. http://dx.doi.org/10.14710/mmh.47.1.2018.47-55.

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AbstractThe current developments, there are many land disputes that are vertical or horizontal. Issues concerning land affairs are often caused by salim claims over land rights. The intended land dispute is a civil dispute concerning the land. Achieving a win-win solution in the settlement of civil disputes over land is relatively difficult to materialize, if the settlement is resolved through a trial (litigation). The choice of law that can be chosen to obtain and realize a win-win solution in solving civil disputes over land is of course through alternative dispute resolution. By way of nego

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Leshchina, E. L. "The Legal Nature of Public Service Disputes concerning the Legality of Imposition of Disciplinary Sanctions." Lex Russica, no. 9 (October 2, 2021): 21–31. http://dx.doi.org/10.17803/1729-5920.2021.178.9.021-031.

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The paper examines the concept of a public service dispute as a type of a legal conflict, as a protective legal relationship and a juridical procedural activity. The author analyzes the modern terminology of a public service dispute enshrined in the legislation regulating public service, identifies the shortcomings of legal definitions. The author establishes and describes the mechanisms for the consideration of public service disputes provided for by the legislation.The main approaches to the definition of a public service dispute are analyzed. The author has highlighted its features as a com

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Agung, Anak Agung Istri, and I. Nyoman Sukandia. "DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT." NOTARIIL Jurnal Kenotariatan 6, no. 1 (2021): 16–26. http://dx.doi.org/10.22225/jn.6.1.3613.16-26.

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The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties

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YEFREMOVA, Iryna, and Mykola TERESHCHUK. "Problems of implementation of extrajudicial methods of protection of civil rights." Economics. Finances. Law 8, no. - (2022): 17–21. http://dx.doi.org/10.37634/efp.2022.8.4.

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Introduction. The right to protection is one of the main powers of subjects of civil legal relations. The definition of jurisdiction in the law is aimed at eliminating the violation of the law and the influence of the subject of civil legal relations on ensuring the real exercise of civil rights. The purpose of the paper is to study the problems of applying the system of forms and methods of out-of-court settlement of civil legal disputes (conflicts) by conducting an analysis of theoretical and practical aspects. Results. The non-judicial form of protection of civil rights is determined by the

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Zabikh, Sh A., and K. Zh Zabikh. "CONCILIATION PROCEDURES IN CIVIL PROCEEDINGS IN KAZAKHSTAN IN MODERN CONDITIONS." Bulletin of Kazakh Leading Academy of Architecture and Construction 84, no. 2 (2022): 389–403. http://dx.doi.org/10.51488/1680-080x/2022.2-43.

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In this article, the author considers alternative ways to resolve disputes, that is, the use of conciliation procedures to resolve conflict situations in civil proceedings. The traditional way of resolving disputes has been and remains the judicial procedure, which is enshrined in the legislation of most states and is a guarantee of respect for human and civil rights. But the author considers conciliation procedures for resolving a dispute in a civil process by concluding a settlement agreement. Also, special attention is paid to resolving the dispute through mediation. The previously existing

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Suratno, Ujang, Andrew Shady Utama, Sandra Dewi, Makkah HM, and Hasyim Mahmud Wantu. "The Role of Mediation and Arbitration in Civil Dispute Resolution." Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 2 (2024): 869. http://dx.doi.org/10.31941/pj.v23i2.4745.

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<p class="TableParagraph"><em>Civil dispute resolution is an important aspect of the legal system, aiming to achieve a fair and efficient solution for the parties involved. Mediation and arbitration, as alternatives to out-of-court dispute resolution (ADR), have gained significant popularity in recent years. This systematic literature review aims to examine the role of mediation and arbitration in civil dispute resolution. This study uses a systematic search methodology to identify and analyze relevant studies in various scientific databases. The results of this study conclude that

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Abney, Sherrie R. "The Evolution of Civil Collaborative Law." Texas Wesleyan Law Review 15, no. 3 (2009): 495–515. http://dx.doi.org/10.37419/twlr.v15.i3.1.

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The alternative dispute resolution family has experienced a number of changes over the last century. Litigation, the great grandfather of modern day dispute resolution, has been the procedure chosen by the majority of people to resolve their problems for literally thousands of years-primarily because it was the only legal choice available to most parties. Litigation has been tweaked by lawmakers and courts, but it is basically conducted in the same manner that it was conducted before the Pilgrims landed at Plymouth Rock. The only other institutions that have survived with little change over th

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Umam, Farhan Chaerul, Andi Muhammad Husni Tamrin, Aldian Yusup, Muhammad Rizqi Fahreza, and Sofiyanti Sofiyanti. "Application of The Principle of Justice in Islamic Civil Dispute Resolution in Indonesia." Global International Journal of Innovative Research 2, no. 8 (2024): 1882–89. http://dx.doi.org/10.59613/global.v2i8.282.

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This article discusses the application of the principle of justice in the resolution of Islamic civil disputes in Indonesia by using qualitative methods through literature studies and research in libraries. Justice is one of the important aspects in the resolution of Islamic civil disputes to ensure that individual rights are defended in accordance with the principles of fair and balanced Islamic law. This study explores various sources of literature related to Islamic civil law practice, justice, and dispute resolution in Indonesia. In the context of Islamic civil law, justice refers not only

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SUTIYOSO, Bambang. "Implementation of Mediation As Online Dispute Resolution (ODR) in Civil Jurisdiction." International Journal of Environmental, Sustainability, and Social Science 4, no. 1 (2023): 297–308. http://dx.doi.org/10.38142/ijesss.v4i1.487.

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This writing aims to examine and analyze business/civil dispute resolution through online dispute resolution (ODR), institutionalization of mediation in civil cases in court, implementation of mediation as online dispute resolution (ODR) in civil courts, obstacles and legal implications for parties - the litigants. Mediation as an alternative dispute resolution mechanism outside the court has long been used in various business and civil cases, the environment, labor, land, housing, consumer disputes, and so on which is a manifestation of society's demand for fast, effective and efficient dispu

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Casey, Angela. "Individualarbeitsrechtliche Streitigkeiten im Schiedsverfahren." ASA Bulletin 35, Issue 2 (2017): 266–80. http://dx.doi.org/10.54648/asab2017025.

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In the last decade, arbitration as a mechanism for alternative dispute resolution has become increasingly important. Questions of arbitrability move to the forefront as arbitration expands to disputes whose commercial character might be less obvious. One recent question of interest is whether individual employment disputes can be the subject of arbitration proceedings in Switzerland. This paper identifies two areas of employment disputes which lend themselves to final resolution through arbitration. In particular, sports related and “executive”-employee disputes benefit from dispute resolution

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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 (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 cons

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Butryn-Boka, N., and O. Zygrii. "NON-COURTARY FORMS OF CIVIL DISPUTE RESOLUTION: INTERNATIONAL EXPERIENCE OF FOREIGN COUNTRIES." Scientific Notes Series Law 1, no. 12 (2022): 19–24. http://dx.doi.org/10.36550/2522-9230-2022-12-19-24.

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The article is devoted to the study of non-judicial forms of resolving civil disputes in the current legislation of Ukraine, with reference to foreign practice, the use of these forms. The main forms of dispute resolution are indicated and the concept and content of alternative dispute resolution are analyzed. The main methods in which alternative dispute resolution is expressed are determined, the advantages and differences of each of the methods are investigated. The importance of the development of non-judicial forms of development is also evidenced by international standards. Since Ukraine

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Sipahutar, Anjani, Ervina Sari Sipahutar, and Muhammad Fauzi. "Kewenangan BPSK dan BMAI dalam menyelesaikan sengketa asuransi Antara perusahaan asuransi dan pemegang polis asuransi." Jurnal Normatif 4, no. 2 (2024): 391–99. https://doi.org/10.54123/jn.v4i2.394.

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Disputes can occur in various sectors, one of which occurs in the insurance sector. If there is a dispute or insurance dispute between the insurer and the insured, the parties to the dispute can choose to resolve the dispute they are experiencing through court/litigation or outside court/non-litigation. Dispute resolution that is resolved through court/litigation is regulated in Article 1266 of the Civil Code, and dispute resolution outside of court can be done through Alternative Dispute Resolution (ADR). Based on statutory regulations in effect until 2019, the LAPS established for disputes i

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Kaya, Serkan, Muhammed Danyal Khan, and Rao Imran Habib. "Advanced Technologies for Supporting Dispute Resolution: An Analysis." Review of Applied Management and Social Sciences 2, no. 1 (2019): 47–57. http://dx.doi.org/10.47067/ramss.v2i1.14.

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Current Traditional litigation in courts is still considered as the main dispute resolution forum for civil disputes. However, as a result of the digital revolution of society, traditional litigation has become very slow, expensive, formal, and complex. To meet the requirement of the digital age regarding the resolution of disputes, Online Dispute Resolution which is a combination of Alternative Dispute Resolution with Information Communication Technology, has become the new trend for resolving disputes. This article critically examines the use of Artificial Intelligence in ODR and gives some

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Dahlan, Nur Khalidah. "Appear in Court thru Video Conferencing System: Recommendation for an Islamic Finance Perspective." Asia Proceedings of Social Sciences 4, no. 3 (2019): 113–16. http://dx.doi.org/10.31580/apss.v4i3.876.

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Technologies applied in court is considered as a new type of method to settle dispute. Settlement of any dispute thru technology in court shall benefit all; Judges, Lawyers and parties concerned. Malaysian court especially in Sabah and Sarawak have dealt civil dispute cases thru technology approach. These development shows promising ways to decrease backlog cases that had been experienced in courts throughout the years. Hence, this paper suggested that the technology method apply in civil court particularly in Sabah and Sarawak court should adopted too in the Islamic finance disputes. It is im

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Stepin, Aleksandr B. "A Legal Conflict in Civil Right Protection Mechanisms." Arbitrazh-civil procedure 4 (April 8, 2021): 8–12. http://dx.doi.org/10.18572/1812-383x-2021-4-8-12.

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The concept of legal conflict is General (cross-sectoral) and at the same time basic in private and public legal mechanisms for the protection of civil rights, along with the issues of choosing the appropriate method of protection, jurisdiction of the dispute, and compliance with the officially established order (procedure). In the context of legal conflict, it is practically significant to study the causes of the conflict, the dynamics of development and the possibility of conflict management. The author assumes that legal conflicts based on legal and individual (contractual, local, judicial)

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Panjaitan, Wijaya Natalia. "Peran Perangkat Desa Dalam Hal Penyelesaian Sengketa Keperdataan Di Negeri Rumahkay Kecamatan Amalatu Kabupaten Seram Bagian Barat." AIWADTHU: Jurnal Pengabdian Hukum 3, no. 2 (2023): 88. http://dx.doi.org/10.47268/aiwadthu.v3i2.1782.

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Introduction: Civil dispute resolution at the village level is important for maintaining peace and justice in local communities. Village officials, as representatives of local government, play a central role in addressing the civil issues of village communities.Purposes of Devotion: To provide understanding and knowledge to the community, especially the importance of the role of village officials in resolving community disputes. Method of Devotion: The devotion method used is the counseling and mentoring method for the Negeri Rumahkay Community, especially in providing knowledge of the importa

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Kathryn, Morse, Taufiq Amini, Kalijunjung Kalijunjung, Pitriani Pitriani, and Arief Fahmi Lubis. "Evaluation of the Effectiveness of Mediation as an Alternative for Civil Dispute Resolution: Quantitative Research in District Courts." Rechtsnormen Journal of Law 2, no. 2 (2024): 166–76. http://dx.doi.org/10.55849/rjl.v2i2.919.

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Background. Background This research is based on the need for an effective alternative for the resolution of civil disputes in the District Court due to the problems that often arise in the conventional justice system. Mediation has been considered as one of the promising alternatives, but there has been no thorough evaluation of how effective this method is in the context of the District Court. Purpose. This study aims to quantitatively evaluate how effective mediation is as an alternative to civil dispute resolution in the District Court. Method. The quantitative method collects data through

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Kotsiuruba, A. "CONCILIATION PROCEDURES IN CIVIL PROCEEDINGS IN UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 113 (2020): 28–32. http://dx.doi.org/10.17721/1728-2195/2020/2.113-6.

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The paper examines the legal nature and the regulatory grounds for two judicial conciliation procedures in civil proceedings, namely the amicable agreement and the procedure for dispute settlement with the participation of a judge. Attention is drawn to the urgent need to study judicial conciliation procedures in civil proceedings of Ukraine. Their functional efficiency in the current conditions is assessed, some problematic aspects of the legislative regulation of these institutions are identified and proposals are made to eliminate shortcomings and possible reformatting of these procedures,

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RAZDYAKONOV, E. S., and I. N. TARASOV. "ARTICLE-BY-ARTICLE COMMENTARY TO THE ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION (CHAPTER 28.1)." Herald of Civil Procedure 10, no. 5 (2020): 134–79. http://dx.doi.org/10.24031/2226-0781-2020-10-5-134-179.

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This article is the author’s text of the article-by-article commentary to the Arbitration Procedure Code of the Russian Federation, which has not been previously published in the legal literature. It takes into account the latest changes in procedural legislation, including on the delimitation of jurisdiction over corporate disputes between arbitration courts and courts of general jurisdiction, conciliation in corporate disputes and their arbitrability, notifying participants in a corporate dispute about litigation in such a dispute and determining the procedural status of participants in a co

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AGRAPANA, MUHAMMAD ALGHIFARI, ENNI SOERJATI PRIOWIRJANTO, and TASYA SAFIRANITA RAMLI. "COPYRIGHT PROTECTION OF CINEMATOGRAPHIC WORKS USED IN SONG LYRICS VIDEOS WITHOUT THE CREATOR'S PERMISSION." Jurnal Independent 9, no. 2 (2021): 1. http://dx.doi.org/10.30736/ji.v9i2.140.

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ABSTRACTThe use of film works without the author's permission to make a lyric video that aims to promote songs by musicians is a phenomenon that often occurs in the music industry today. This study discusses the extent to which Law Number 28 of 2014 concerning Copyright provides protection in the use of cinematographic works and what legal actions are taken if there is use of cinematographic works without permission. behavior that is appropriate for humans is used as a material for review. The data used is secondary data in the form of an assessment of the literature and laws and regulations r

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Kurniawan, Wahyudi. "THE EXISTENCE OF MEDIATING JUDGES IN THE PROCESS OF CIVIL DISPUTE MEDIATION BASED ON THE SUPREME COURT REGULATION NO. 1 YEAR 2016." Legal Standing : Jurnal Ilmu Hukum 3, no. 1 (2019): 147. http://dx.doi.org/10.24269/ls.v3i1.1804.

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The aims of this research are 1) to analyze the existence of mediating judges in the process of civil dispute mediation based on the Supreme Court Regulation (Peraturan Mahkamah Agung/PERMA) No. 1 year 2016 regarding the mediation procedures in court; 2) to analyze the supporting and the inhibiting factors which influence the existence of mediating judges in the process of civil dispute mediation in court. This research is a normative juridical study with primary, secondary, and tertiary law materials. The manner and the instruments to collect the legal materials are using the method of docume

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Senyk, S. V. "Civil judiciary as a form of justice in civil cases." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 80–90. http://dx.doi.org/10.24144/2788-6018.2021.04.14.

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The article is devoted to the study of the main aspects of justice in the form of civil proceedings to protect violated, unrecognized or disputed rights, freedoms or interests of individuals, rights and interests of legal entities, the interests of the state. The article provides a scientific analysis of legislative provisions, doctrinal positions and materials of judicial practice in the context of clarifying the issues of effective restoration of the rights of interested parties by the competent national authorities, including the judiciary. In this aspect, it is emphasized that the su

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Sulistianingsih, Dewi, and Indira Fibriani. "Problematik Akta Perdamaian Pada Penyelesaian Sengketa Keperdataan Melalui Mediasi." Jurnal Suara Hukum 5, no. 1 (2023): 179–89. https://doi.org/10.26740/jsh.v5n1.p179-189.

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The purpose of this paper is to describe and analyze the settlement of civil disputes through mediation. Mediation is a dispute resolution process that is faster and cheaper, and provides access to the parties to resolve disputes. This paper is based on research conducted using library research. the approach used is a conceptual approach. The results in mediation are decisions that are expected to satisfy the parties so that in the future it can be carried out properly by the disputing parties. The dispute resolution process through mediation is assisted by a mediator. The mediation peace deed

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Mazurenko, Olena. "FORMS AND PROTECTION METHODS OF LABOR RIGHTS OF EMPLOYEES ON LEGISLATION OF UKRAINE." Law Journal of Donbass 74, no. 1 (2021): 36–42. http://dx.doi.org/10.32366/2523-4269-2021-74-1-36-42.

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The article is devoted to the research of forms and protection methods of labor rights and legitimate interests of employees. There is emphasized that the activities of state authorities to protect labor rights and legitimate interests of employees are carried out in statutory forms of activity, where the judicial form of protection is the most effective and complete regarding the legal possibilities of deciding on the case in all its aspects and with the possibility of using the state coercion in case of non-compliance with the court decision. The court as a body that protects the labor right

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Siswanto, Eko. "PERANAN ARBITRASE (BASYARNAS) DALAM PENYELESAIAN SENGKETA BISNIS SYARI’AH." Al-Amwal : Journal of Islamic Economic Law 3, no. 2 (2018): 165–85. http://dx.doi.org/10.24256/alw.v3i2.525.

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Basyarnas as the agency authorized to settle business disputes Shari'ah has a very important role, including: resolving disputes with the principle of prioritizing civil peace efforts; resolving disputes over business operations using Islamic law can be resolved with the use of Islamic law; resolve the possibility of civil disputes between banks Shari'ah with customers or users of their services in particular, and among Muslims who perform civil relationships that make Islamic shari’ah as essentially in general is a genuine need real; and provide a simply and speedy settlement of disputes in c

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Safnul, Dody. "Arbitration In Legal Remediesn Against Dispute Resolution Construction Service Contract." Legalpreneur Journal 3, no. 1 (2024): 293–302. http://dx.doi.org/10.46576/lpj.v3i1.5032.

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The purpose of this research is to find out what are the advantages and deficiencies in problem solving through arbitration and how the process dispute resolution through arbitration in construction contract disputes. By using research methods juridical normative, it can be concluded, that: 1. Arbitration is the way settlement of a civil dispute in outside the general court based on arbitration agreements made written by the parties to the dispute. 2. The existence of a written agreement negates the right of the parties to apply resolution of disputes or disagreements what's included in the ag

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Meller-Hannich, Caroline, Monika Nöhre, and Armin Höland. "Declining Civil Lawsuit Filings in Germany and the Role of Alternative Dispute Resolution (adr)." International Journal of Procedural Law 15, no. 1 (2025): 65–78. https://doi.org/10.1163/30504856-15010005.

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Abstract Which factors are contributing to the significant decline in lawsuits filed in German civil courts since the late 1990s? The empirically based picture which comes out from a recent research project commissioned by the German Federal Ministry of Justice indicates not one factor only, but a number of factors and developments contributing to the ongoing decline of civil law cases. Alternative Dispute Resolution (adr) mechanisms are certainly gaining in importance, but the total reduction of more than 600.000 court cases during the 2005–2019 review period can by far not be solely attribut

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Aris Priyadi. "Putusan /Akta Perdamaian Sebagai Bagian Dari Sistem MediasiBerdasarkan Perma No. 1 Tahun 2016 Di Pengadilan NegeriPurwokerto dan Pengadilan Negeri Banyumas Tahun 2022." Wijayakusuma Law Review 4, no. 2 (2022): 35–42. http://dx.doi.org/10.51921/wlr.6m39z449.

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Settlement of civil disputes is known as a peaceful institution as stipulated in Article 130 HIR in essence, thejudge is obliged to reconcile the parties in a dispute as the basis for the implementation of the peace processin every civil case examination, but these peaceful institutions are not effective and efficient in resolving acase. dispute resolution (settlement method) out of court, known as Alternative Dispute Resolution (ADR).Perma No 1/2016, among other things, states: Every judge, mediator and parties are required to follow theprocedure for resolving disputes through mediation. Not

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Rusni Hassan, Ibtisam @ Ilyana Ilias, and Tuan Nur Hanis Tuan Ibrahim. "ISLAMIC BANKING DISPUTE RESOLUTION: THE EXPERIENCE OF MALAYSIA AND INDONESIA." IIUM Law Journal 30, S2 (2022): 317–58. http://dx.doi.org/10.31436/iiumlj.v30is2.771.

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The dispute resolution mechanism in a country involving Islamic banking depends on its applicable law. A workable mechanism guarantees a harmonious settlement and ensures justice is upheld in conjunction with the spirit of Islamic law. This study aims to analyse various mechanisms to resolve Islamic banking disputes in Malaysia and Indonesia by referring to the latest legal and judicial developments in both jurisdictions. It adopts doctrinal and comparative legal research methodology whereby the relevant primary and secondary sources of law were meticulously appraised. Findings of this study r

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GABOV, A. V. "ONLINE SETTLEMENT OF DISPUTES BETWEEN PARTICIPANTS OF DIGITAL PLATFORMS IN THE CIVIL RIGHTS PROTECTION SYSTEM." Herald of Civil Procedure 12, no. 1 (2022): 208–35. http://dx.doi.org/10.24031/2226-0781-2022-12-1-208-235.

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The development of digital platforms (and now ecosystems) logically leads to the emergence of various kinds of mechanisms for resolving disputes arising between platform participants (ecosystems). Online dispute resolution systems of this kind currently exist in Russia and abroad; there are also certain normative approaches to their creation and regulation at the level of UNCITRAL, the European Union and individual states. However, it is in the era of the platformization of economic relations that their regulation becomes important. Formally, today the parties to such disputes are not limited

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Vladimir K., Andreev. "The Concept and Features of a Сorporate Dispute". Rossijskoe pravosudie, № 5 (25 квітня 2022): 14–19. http://dx.doi.org/10.37399/issn2072-909x.2022.5.14-19.

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The article proves that conflict is a sociological category, often including legal elements. A dispute is always a legal concept, since the court protects not only violated, but also disputed civil rights. The specificity of a corporate dispute is that the disagreements of its participants are resolved by adoption or decisions at a general meeting of the corporate organization.

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Tiku Taru Padang, Paulus. "The Importance of Determining The Legal Relationship In Civil Cases." Asian Journal of Engineering, Social and Health 3, no. 9 (2024): 2157–68. http://dx.doi.org/10.46799/ajesh.v3i9.448.

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In the realm of land disputes, where ownership and covenants are often at the core of the conflict, identifying the correct legal relationship between the parties involved is crucial for the proper application of the law. This research aims to examine the legal considerations behind the court's decision and its conformity with applicable legal principles. This research utilizes normative legal research methods, focusing on primary legal materials to explore the judicial process. The results showed that the judge's decision in Makale District Court case No. 41/Pdt.G/2012/PN.MKL was incorrect. T

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Broadbent, Nigel. "Alternative Dispute Resolution." Legal Information Management 9, no. 3 (2009): 195–98. http://dx.doi.org/10.1017/s1472669609990326.

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AbstractFollowing the enactment of the Civil Procedure Rules in 1999, potential litigants are expected to pursue alternative means to litigation for solving their disputes. In this article, Nigel Broadbent a Director at Lupton Fawcett LLP in Leeds clearly explains the various activities which fall within ADR, including mediation, family dispute resolution, arbitration, conciliation and adjudication.

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Muslim, Shohib, Bouyea Jonathan, Uwe Barroso, and Anna Rahma Syam. "Effectiveness of Online Mediation in Resolving Cross-Border Civil Disputes." Rechtsnormen: Journal of Law 2, no. 4 (2024): 345–57. https://doi.org/10.70177/rjl.v2i4.1411.

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Background: The rapid advancement of digital technologies has transformed various aspects of the legal field, including dispute resolution. Online mediation has emerged as a promising method for resolving cross-border civil disputes, offering a convenient and cost-effective alternative to traditional litigation. Despite its potential, the effectiveness of online mediation in this context remains underexplored, particularly in terms of user satisfaction, cost savings, and resolution time. Objective: This study aims to evaluate the effectiveness of online mediation in resolving cross-border civi

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Putra, Louis Sebastian Anot, Mia Hadiati, Grace Avianti, Maria Franciska Limanto, and Kent Edward Liem. "The Effectiveness of Inheritance Dispute Resolution Seen from Medan District Court Decision Number 43/pdt. G/2020/PN Mdn." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 2, no. 2 (2023): 1233–44. http://dx.doi.org/10.57235/aurelia.v2i2.728.

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This journal contains the effectiveness of inheritance dispute resolution based on the view of civil law, if talking about inheritance law, there will be 3 types of inheritance law that are often used in Indonesia, but in this journal the discussion will focus on dispute resolution through civil court. This journal takes Medan District Court Decision Number 43/pdt. G/2020/PN Mdn about a mother who sued her child for improper distribution of inheritance, in this journal also discussed the specific effectiveness of the settlement and the rights of adopted children in cases of inheritance dispute

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Gešková, Katarína. "Procedural Specifics of Consumer Dispute Resolutions in Slovakia." International and Comparative Law Review 22, no. 1 (2022): 43–72. http://dx.doi.org/10.2478/iclr-2022-0003.

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Summary The substantive provisions protecting the consumer in contractual relations belong to the reality of European and Slovak national law, which no one dares to doubt anymore. These norms are of such importance that they have fundamentally influenced the nature of civil law in general. In order for civil procedure to fulfil its basic function in this area, that is, to protect and enforce substantive law and to be a means of protecting subjective rights and legally protected interests, it must ‘keep up’ with the development of substantive law. Procedural law ensures the fullfilment of consu

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Zheng, Xiaoxiao, Yisheng Liu, Jun Jiang, and Nan Su. "Quantitative Assessment of the Likelihood of Disputes in PPP Projects Using Fault Tree Analysis." Buildings 12, no. 3 (2022): 384. http://dx.doi.org/10.3390/buildings12030384.

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Disputes involved in public–private partnership (PPP) projects destroy the relationship between governments and private partners and generate huge losses. To multiply the chances of successfully preventing disputes, a holistic understanding of how a PPP dispute occurs is necessary. This paper contributes to the PPP dispute studies domain in (1) identifying various contributors that lead to the formation of PPP disputes at different levels, (2) proposing a fault tree (FT) framework of a PPP dispute, and (3) evaluating the likelihood of a PPP dispute and displaying the weakest part of a PPP proj

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Boyarinova, V. I. "Negotiation skill value for resolution civil disputes." Juridical science and practice 19, no. 4 (2024): 63–68. http://dx.doi.org/10.25205/2542-0410-2023-19-4-63-68.

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Participants in civil legal relations negotiate in completely different situations, which can be generally represented in two forms: as a stage preceding the conclusion of an agreement, and as a way to resolve a dispute, which can be more effective than litigation. Argument and conflict are not the same thing, and it is because of this difference that negotiation can help with a task that at first glance is not solvable. At the same time, to negotiate correctly and effectively, to come to an agreement is a certain skill that will work the better, the more people train it in themselves. One way

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Fedorenko, Mykhailo Oleksandrovych. "The Mediation as a Method of Alternative Civil Dispute Resolution." Alʹmanah prava, no. 15 (September 1, 2024): 649–53. https://doi.org/10.33663/2524-017x-2024-15-649-653.

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This article is devoted to the study of mediation as one of the main alternative ways of resolving disputes of civil law nature in civil proceedings in Ukraine.The Mediation provides a structured and effective method of resolving conflicts between parties. It allows the parties to come to an agreement and find a mutually beneficial solution, bypassing lengthy and costly litigation. It’s important to note, that the mediation helps to reduce the burden on the judiciary, freeing up resources for more complex and contentious cases. It can speed up the dispute resolution process and reduce the cost

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Kharitonashvili, Nino. "Social Context of Civil Process for Sustainable Development." European Scientific Journal, ESJ 20, no. 37 (2024): 382. http://dx.doi.org/10.19044/esj.2024.v20n37p382.

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This paper focuses on the existing mechanisms for the participation of vulnerable persons, including persons with disabilities and children, in civil disputes. As modern democratic society develops the concept of a social state, ensuring equal conditions for the participation of vulnerable persons in civil turnover is essential. Hence, the aim of the study is to identify existing legislative gaps and challenges that prevent the participation of vulnerable persons in civil disputes. Humanity has agreed on a sustainable development plan, in which social sustainability is set as one of the main g

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Vickers, Matthew. "Civil Justice Reform." Amicus Curiae 4, no. 1 (2022): 170–84. http://dx.doi.org/10.14296/ac.v4i1.5494.

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Ombudsman schemes have been viewed with interest for their efficiency, speed, cost and use of technology. As Sir Geoffrey Vos seeks to integrate alternative dispute resolution as part of a civil justice funnel, it is important to recognize that ombudsman schemes fulfil different functions than the courts. This paper suggests that dispute resolution is only one of the functions of a civil justice system. Court efficiency should not be the predominant organizing principle. Recognizing the variety of functions and legitimate interests contained within the civil justice system rather than conceivi

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Martyanova, E. Yu. "JUDICIAL PROCEDURE FOR RESOLVING DISPUTES ON THE PROTECTION OF THE RIGHTS OF CO-OWNERS OF EXCLUSIVE COPYRIGHT." Ex jure, no. 1 (2021): 114–30. http://dx.doi.org/10.17072/2619-0648-2021-1-114-130.

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Abstract: the article considers the procedure for resolving disputes arising both within the civil law community of co-owners of exclusive copyright (disputes of the first level) and outside it (disputes of the second level). The level at which a dispute arises in these legal relations determines: the subject of the claim and the means of protection; the procedural form of the dispute, the range of participants in the process and the definition of the procedural role of the co-owner of the exclusive copyright. It is proved that although some disputes with the members of the civil community can

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Indy Setiawan, Hatta, and Abustan Abustan. "Juridical Analysis Of Personnel Dispute Resolution In The State Administrative Court (Analysis Of Case Decision Number 45/G/2020/Ptun-Jkt)." International Journal of Educational Research & Social Sciences 4, no. 4 (2023): 639–50. http://dx.doi.org/10.51601/ijersc.v4i4.685.

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Juridical settlement of personnel disputes according to Law No. 5 of 2014 concerning the State Civil Apparatus is resolved through administrative remedies, consisting of administrative objections and appeals. Personnel dispute resolution is resolved through the State Administrative Court, while in Law No. 5 of 2014, personnel dispute resolution is resolved through administrative efforts consisting of administrative objections and appeals. Based on this, the legal protection provided by Law No. 5 of 2014 against the State Civil Apparatus in dispute reduces the procedural rights of the State Civ

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Zheng, Pai, and Ningze Xie. "China’s First One-Stop Aviation Dispute Resolution Platform in Shanghai: Recent Development." Air and Space Law 48, Issue 4 /5 (2023): 419–44. http://dx.doi.org/10.54648/aila2023053.

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Integrating a diversified dispute resolution mechanism into civil and commercial aviation dispute resolution has become an emerging trend, aiming to allow the disputing parties to have access to all available dispute resolution alternatives in a convenient, efficient and cost-effective manner. In China, the most recent development regarding the integration of a diversified dispute resolution mechanism that combines arbitration, mediation and litigation specific to aviation disputes, as evidenced by the creation of the first One-Stop Aviation Dispute Resolution Platform (hereinafter ‘One-Stop A

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Naisabur, Nanang. "Comparative Mediation and Arbitration in Civil Dispute Resolution in Indonesia." JURNAL AKTA 11, no. 4 (2024): 1353. https://doi.org/10.30659/akta.v11i4.41664.

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The increasing number of civil disputes in Indonesia has created an urgency to find more effective dispute resolution methods to alleviate the burden on the judiciary. This study aims to compare the effectiveness of mediation and arbitration in dispute resolution, as regulated by Supreme Court Regulation No. 1 of 2016 and Law No. 30 of 1999. The normative juridical method was chosen to analyze the relevant legal framework to understand the strengths, weaknesses, and legal impacts of these two methods. This analysis also includes Roscoe Pound’s theory of legal efficiency and Satjipto Rahardjo’s

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Dewi, Ni Made Trisna. "Penyelesaian Sengketa Non Litigasi Dalam Penyelesaian Sengketa Perdata." Jurnal Analisis Hukum 5, no. 1 (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 dir

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White, Peter B., David E. Cunningham, and Kyle Beardsley. "Where, when, and how does the UN work to prevent civil war in self-determination disputes?" Journal of Peace Research 55, no. 3 (2018): 380–94. http://dx.doi.org/10.1177/0022343317744826.

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The UN has placed rhetorical emphasis on the prevention of armed conflict before it starts and has taken selective action toward that end. What determines where the UN gets involved? We examine UN preventive actions by focusing on UN Security Council (UNSC) resolutions in self-determination (SD) disputes. We argue that UN decisionmakers consider at least three factors when deciding where to target preventive action: the dispute’s conflict history, the potential for regional contagion, and the characteristics of the dispute. We further argue that the political dynamics of UNSC decisionmaking co

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Abdullah, Iqbal Alan. "The Comparative of Arbitration Performance and Public Court on Settlement of Civil Disputes in Indonesia." Academic Journal of Interdisciplinary Studies 12, no. 5 (2023): 212. http://dx.doi.org/10.36941/ajis-2023-0139.

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The purpose of this study is to describe the comparison of dispute resolution mechanisms by arbitration and dispute resolution through general courts. This study uses normative juridical, referring to legal norms which include laws and regulations, court decisions and applicable legal rules. Furthermore, this research will answer legal issues regarding dispute resolution through arbitration. Normative legal research is "legal research conducted by examining literature (secondary data). The results of the study indicate that there are two choices of arbitral institutions to resolve disputes, na

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