Academic literature on the topic 'Mediation and conciliation, Industrial'

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Journal articles on the topic "Mediation and conciliation, Industrial"

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Gayo, Sabela. "Advantages & Disadvantages Of Mediation And Conciliation As An Industrial Relations Dispute Resolution Option." International Asia Of Law and Money Laundering (IAML) 2, no. 1 (March 6, 2023): 25–32. http://dx.doi.org/10.59712/iaml.v2i1.56.

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Since the birth of Law No. 2 of 2004 on industrial dispute resolution, the parties to the dispute have become easier and helped to resolve disputes between them. The instruments provided also become more diverse compared to the old rules. Such as mediation, conciliation and arbitration instruments. However, at the implementation stage, not many people understand the difference between dispute mediation and conciliation in terms of the origin and function of conciliation mediation has different characteristics as a passive mediator while in conciliation the conciliator is more active in resolvi
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Zamroni, Mohammad. "MISCONCEPTIONS ON THE CONCEPT OF MEDIATION AND CONCILIATION IN THE ACT ON INDUSTRIAL RELATIONS DISPUTES SETTLEMENT." Yustisia Jurnal Hukum 10, no. 2 (August 28, 2021): 240. http://dx.doi.org/10.20961/yustisia.v10i2.48667.

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<em>Mediation and conciliation are alternatives with varying characteristics acting as a third-party figure in settling disputes in industrial relations. These alternatives are perceived as the same in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. It leads to conceptual errors and causes mistakes in formulating the mediator and conciliator's authority. Therefore, this study analyzed the concepts of mediation and conciliation as regulated in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. This is a normative legal research carried out with the statuto
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Yusticia, Aprilina Rahmah. "HUKUM ANJURAN TERTULIS MEDIATOR DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL (pasca Putusan Mahkamah Konstitusi No. 68/PUU-XIII/2015)." Legal Standing : Jurnal Ilmu Hukum 7, no. 1 (October 26, 2022): 23–31. http://dx.doi.org/10.24269/ls.v7i1.5570.

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This study aims to analyze how the legal force of written recommendations on settling industrial relations disputes was issued by mediators after the Constitutional Court Decision Number: 68/PUU-XIII/2015. The type of research used in this research is normative research or doctrinal research. And the approach used to answer the problem is the Legislative Approach (Statute Approach). This research is motivated by the application of Judicial Review by several workers to the Constitutional Court on the word 'recommendation' in Article 13 paragraph (2) letter a and Article 23 paragraph (2) letter
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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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Egbunike-Umegbolu, Chinwe. "ADR and Workplace Conflict - A Podcast Analysis Nigeria, Britain and the US." Athens Journal of Law 10, no. 1 (January 2, 2024): 131–54. http://dx.doi.org/10.30958/ajl.10-1-7.

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The decline of union representation and the introduction of legal incentives for workers to resolve individual employment disputes without resorting to the courts has unequivocally made Alternative Dispute Resolution (ADR) increasingly prominent in the British industrial relations landscape. The conciliation service offered by the Advisory Conciliation and Arbitration Service (ACAS) has been the most important sign and driver of this change. Although ADR has been encouraged in Western jurisdictions, particularly in the United Kingdom (UK) and in the United States (US), as a means to reduce tim
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Khudoikina, T., and S. Ilyin. "Communicative Competence of Judicial Conciliator." Bulletin of Science and Practice, no. 7 (July 15, 2023): 334–38. http://dx.doi.org/10.33619/2414-2948/92/47.

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Analyzes one of the alternative ways to resolve conflicts — judicial reconciliation. A general description is given, and the legal foundations of this institution are revealed. In difficult modern conditions, this method is actively used for various disputes arising in the legal field. There are many opinions of scientists and lawyers about the similarities and differences between mediation and judicial conciliation procedures. The authors give a number of characteristic features of the judicial reconciliation procedure, according to which these categories can be distinguished, which confirms
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Dananjaya, Nyoman Satyayudha, Longtan SHI, Kadek Agus Sudiarawan, Putu Ade Harriestha Martana, and Made Shannon Tjung. "INDUSTRIAL RELATION PROBLEMATICS DURING THE COVID-19 PANDEMIC: ASSESSING THE EFFECTIVENESS OF MEDIATION AS DISPUTE SETTLEMENT PROCESS." Jurnal Bina Mulia Hukum 7, no. 1 (September 30, 2022): 127–41. http://dx.doi.org/10.23920/jbmh.v7i1.1071.

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The failure to produce a peace agreement as an implementation of the bipartite process open up opportunity for the parties to resolve their disputes by the tripartite stage. At this stage, although the parties are given the opportunity to choose the settlement model used either through arbitration, conciliation or mediation, in general, the parties have a tendency to choose the settlement model through mediation facilitated by the Manpower Office based on process efficiency. The purpose of this study is to identify and determine the characteristics of industrial relations disputes that occur i
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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 Kabupa
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Dananjaya, Nyoman Satyayudha, Alia Yofira Karunian, Kadek Agus Sudiarawan, Made Cinthya Puspita Shara, and Putu Ade Harriestha Martana. "Considering the Application of Mediation Characteristics for Optimizing Dispute Resolution in Industrial Relations: a Worthwhile Endeavor?" Jurnal Wawasan Yuridika 7, no. 2 (September 30, 2023): 197–220. http://dx.doi.org/10.25072/jwy.v7i2.4194.

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This article aims to discuss further the importance of the characteristics of non-litigationdispute resolution through mediation in resolving industrial relations disputes. Thisresearch is descriptive with a normative research type, using a statutory approachand data collection using literature study, then the data is analyzed qualitatively. Theresults obtained from this research are that each type of dispute resolution has itscharacteristics. One of the main reasons why disputes cannot be resolved througharbitration is limited authority. Apart from that, the lack of information, abilities,and
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Jumiati, Agatha, Waluyo S Pradoto, and Hanindito B R. "Implementasi UU Nomor 2 Tahun 2004 dalam Menyelesaikan Perselisihan Hubungan Industrial." Mitra Abdimas: Jurnal Pengabdian kepada Masyarakat 1, no. 2 (January 13, 2022): 58–64. http://dx.doi.org/10.57251/mabdimas.v1i2.195.

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In a work environment or company where disputes are unavoidable. Disputes that occur within the company are known as labor disputes or industrial relations disputes. A labor dispute is a conflict between an employer or an association of employers and a labor union or a combination of labor unions in connection with the absence of a conflicting understanding of the working relationship, working conditions and/or labor conditions. Law Number 2 of 2004 has provided stipulations on measures that can be taken to resolve industrial relations disputes through bipartite negotiations, mediation, concil
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Dissertations / Theses on the topic "Mediation and conciliation, Industrial"

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Snyman, Chanel. "Determining jurisdiction at conciliation and arbitration." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/20648.

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Jurisdiction is the power or competence of a Court to hear and determine an issue between parties, as well as the power to compel the parties to give effect to a judgment. The approach of a CCMA commissioner faced with a jurisdictional challenge is therefore an important issue that requires legal certainty. Unfortunately, our case law has not been uniform with regard to the various issues surrounding jurisdiction of the CCMA, for example: what facts need to be established in order for the CCMA to have jurisdiction and at what stage of the process should a commissioner deal with the issue of ju
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Luk, Wing-kai, and 陸永佳. "In search of effective conciliation tactics in labour disputes." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1988. http://hub.hku.hk/bib/B3126413X.

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Kwakwala, Blazius Oscar Kasungula. "A critical evaluation of the dispute resolution functions of the Commission for Conciliation, Mediation and Arbitration (CCMA)." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/4241.

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Thesis (MComm (Industrial Psychology))--University of Stellenbosch, 2010.<br>ENGLISH ABSTRACT: One of the transformations that occurred in post-apartheid South Africa was the overhaul of labour legislation. The Labour Relations Act, 1995, the most pivotal product of the exercise, enacted the Commission for Conciliation, Mediation and Arbitration (CCMA) as a statutory labour dispute resolution institution. Given the failures of the previous dispute resolution system, the creators of the CCMA meant it to provide efficient, accessible and quality dispute resolution structured around concilia
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Maluleke, Nkhensani Millicent. "Review of CCMA arbitration awards." Thesis, University of Limpopo (Turfloop Campus), 2011. http://hdl.handle.net/10386/523.

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Young, Kirsty Leigh. "Justifiability as grounds for the review of labour arbitration proceedings." Thesis, Rhodes University, 2004. http://hdl.handle.net/10962/d1003070.

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This thesis focuses on the review of labour arbitration awards given under the auspices of the following bodies: the Commission for Conciliation, Mediation and Arbitration ("CCMA"), bargaining councils, statutory councils, accredited private agencies and private arbitration tribunals. The general grounds of review applicable to the arbitration awards of each body are set out. Against this background, the case of Carephone (Pty) Ltd v Marcus NO & Others (1998) 19 ILJ 1425 (LAC) is analysed and the principles pertaining to the justifiability test are clarified. The judicial rationale for the app
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Gathongo, Johana Kambo. "Labour dispute resolution in Kenya: compliance with international standards and a comparison with South Africa." Thesis, Nelson Mandela Metropolitan University, 2018. http://hdl.handle.net/10948/23980.

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The thesis examines the effectiveness of the Kenyan labour dispute resolution system by undertaking a comparative analysis of South African and international labour standards. A comparative approach is adopted, which relies on primary and secondary sources of data, thereby undertaking an in-depth content analysis. The study provides a comprehensive discussion of the current legislative provisions and alternative dispute resolution (ADR) framework as recognised in both countries' national labour legislation as well as in a number of international labour standards instruments. In particular, the
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Ndimurwimo, Leah Alexis. "An evaluation of the dispute resolution mechanisms of conciliation and arbitration." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/753.

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South African labour laws have undergone tremendous amendments before and after independence. This paper focuses on the development after independence, therefore section 34 of the Constitution of 1996, provisions of the Labour Relations Act of 1995 and other laws which deal with labour matters and regulate the labour relations and disputes in the country will be considered. The labour laws in South Africa provide inter alia for the dispute resolution mechanisms, the manner on which disputes should be handled by different organs which are empowered to do so. My focus will be to see how alternat
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Siu, Lap-kei, and 蕭立基. "A study of some factors affecting the effectiveness of conciliation asa means of settlement of labour disputes in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1989. http://hub.hku.hk/bib/B31264463.

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Majinda, Maseko Moses. "A comparison of the labour dispute resolution systems of South Africa and Swaziland." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/833.

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History and Background: The history of statutory labour dispute resolution of South Africa dates back to 1909, when the Transvaal Disputes Prevention Act of 1909 was promulgated which applied only to the Transvaal. The Industrial Conciliation Act of 1924 established industrial councils and ad hoc conciliation boards and excluded black workers from the statutory definition of employee and this resulted in a dual industrial relations system that existed up to 1979. The history of statutory labour dispute resolution of Swaziland dates back to 1980 when the first Industrial Relations Act of 1980 w
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Sponagel, Moritz. "An overview of the development of the German and UK labour dispute resolution systems and assessment of their respective strengths and weaknesses." Thesis, Stellenbosch : Stellenbosch University, 2006. http://hdl.handle.net/10019.1/50572.

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Thesis (MBA)--Stellenbosch University, 2006.<br>ENGLISH ABSTRACT: In many countries in the world today, Labour Courts have developed as an integral part of the law system arising from the need to afford labour disputes specialised adjudication, independent from the ordinary civil courts. This study presents a comparison of the German Labour Court System and the British Employment Tribunal System, representing the Continental Law System and the Common Law System respectively. In comparing the German Labour Courts and the British Employment Tribunals, the study highlights the special qual
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Books on the topic "Mediation and conciliation, Industrial"

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McNally, Niall. Conciliation in Ireland: An exploratory study. Dublin: University College Dublin, 1991.

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Robins, Eva. A guide for labor mediators. [Honolulu]: Industrial Relations Center, University of Hawaii at Mānoa, 1997.

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Vasconcelos, Antônio Gomes de. Núcleos intersindicais de conciliação trabalhista: Fundamentos, princípios, criação, estrutura e funcionamento. São Paulo: Editora LTr, 1999.

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Śmigiel, Mariusz. Pośrednictwo pracy w zarysie. [Warsaw]: Urząd Pracy, 1994.

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Necheles-Jansyn, Ruth F. The mediator revisited: Profile of a profession, 1960s and 1985. Metuchen, N.J: IMLR Press/Rutgers University, 1990.

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Mares-Dixon, Judy. Mediation: An early dispute resolution procedure for the workplace. Kingston, ON: IRC Press, 1998.

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Pose, Carlos. Conciliación laboral reformas a la Ley 18,345. 2nd ed. Buenos Aires: David Grinberg Libros Jurídicos, 1996.

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Malhotra, O. P. The law and practice of arbitration and conciliation: The Arbitration and Conciliation Act, 1996. 2nd ed. New Delhi: LexisNexis Butterworths, 2006.

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D, Sharma B. Art of conciliation and industrial unrest. Bombay: Labour Consultancy Bureau, 1985.

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Radich, Karen. Employment mediation. 2nd ed. Wellington [N.Z.]: Thomson Reuters, 2013.

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Book chapters on the topic "Mediation and conciliation, Industrial"

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Carr, Indira, and Peter Stone. "Mediation (conciliation):." In International Trade Law, 653–69. Sixth edition. | Abingdon, Oxon ; New York, NY : Routledge, 2018.: Routledge, 2017. http://dx.doi.org/10.4324/9781315543970-25.

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Wilson, Deric, and Jerry Tyrrell. "Institutions for Conciliation and Mediation." In Facets of the Conflict in Northern Ireland, 230–48. London: Palgrave Macmillan UK, 1995. http://dx.doi.org/10.1007/978-1-349-23829-3_15.

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García, Ana Belén, Erica Romero Pender, Francisco J. Medina, and Martin C. Euwema. "Mediation and Conciliation in Collective Labor Conflicts." In Mediation in Collective Labor Conflicts, 3–16. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_1.

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Kożusznik, Barbara, Małgorzata Chrupała-Pniak, and Michał Brol. "Mediation and Conciliation in Collective Labor Conflicts in Poland." In Mediation in Collective Labor Conflicts, 145–60. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_10.

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Pinheiro, Andreia, Ana Margarida Passos, and Alan Stoleroff. "Mediation and Conciliation in Collective Labor Conflicts in Portugal." In Mediation in Collective Labor Conflicts, 161–74. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_11.

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Iliescu, Dragos, and Andreea Butucescu. "Mediation and Conciliation in Collective Labor Conflicts in Romania." In Mediation in Collective Labor Conflicts, 175–91. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_12.

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Munduate, Lourdes, Erica Romero Pender, Ana Belén García, and Francisco J. Medina. "Mediation and Conciliation in Collective Labor Conflicts in Spain." In Mediation in Collective Labor Conflicts, 193–208. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_13.

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Bray, Mark, and Johanna Macneil. "Mediation and Conciliation in Collective Labor Conflicts in Australia." In Mediation in Collective Labor Conflicts, 247–63. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_16.

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Chi, Wei, Yueting Ji, and Wei Huang. "Mediation and Conciliation in Collective Labor Conflicts in China." In Mediation in Collective Labor Conflicts, 265–77. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_17.

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Noronha, Ernesto, and Premilla D’Cruz. "Mediation and Conciliation in Collective Labor Conflicts in India." In Mediation in Collective Labor Conflicts, 279–92. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_18.

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Conference papers on the topic "Mediation and conciliation, Industrial"

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Завьялова, Т. А. "Actual issues of applying mediation as a conciliation procedure in civil proceedings." In НАУКА РОССИИ: ЦЕЛИ И ЗАДАЧИ. НИЦ «Л-Журнал», 2018. http://dx.doi.org/10.18411/sr-10-04-2018-21.

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Sorokoletova, M. A. "Mediation in Russia and the experience of conciliation practices in some foreign countries." In Scientific trends: Jurisprudence. ЦНК МОАН, 2020. http://dx.doi.org/10.18411/spc-20-06-2020-04.

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Gaydaenko Sher, Natal'ya. "On the prospects of unifcation of the legislation on mediation (conciliation) procedures in the framework of the Common economic space." In Problems of unification of private international law in contemporary world. Infra-M Academic Publishing House, 2013. http://dx.doi.org/10.12737/1215.19.

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Wu, Raymond. "Componentization and Semantic Mediation." In IECON 2007 - 33rd Annual Conference of the IEEE Industrial Electronics Society. IEEE, 2007. http://dx.doi.org/10.1109/iecon.2007.4460408.

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Miranda, Vanessa, and Leila Salles. "MEDIATION AND CONCILIATION AS APPROPRIATE METHODS OF CONFLICT RESOLUTION (MASCS) FOR THE PROMOTION OF ACCESS TO JUSTICE AND CULTURE OF PEACE." In International Conference on Education and New Developments. inScience Press, 2019. http://dx.doi.org/10.36315/2019v2end083.

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Saber, Benharzallah, and Kazar Okba. "Intelligent Agents for a Semantic Mediation of Information Systems." In 2008 7th Computer Information Systems and Industrial Management Applications (CISIM). IEEE, 2008. http://dx.doi.org/10.1109/cisim.2008.10.

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Hapuarachchi, H. N. M., and K. Udayangani. "Suitability of alternative dispute resolution methods based on risk factors to the Sri Lankan construction industry." In Independence and interdependence of sustainable spaces. Faculty of Architecture Research Unit, 2022. http://dx.doi.org/10.31705/faru.2022.11.

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Disputes in construction projects always used to resolve in litigation, where nowadays parties use new innovative dispute resolution methods known as Alternative Dispute Resolution(ADR)s. Many ADR-related studies in the local context are relevant to its applicability, enforceability, and effectiveness, whereas less studies exist on the choice of ADR method(s). Further, the literature proves risk in construction projects can be used as a criterion to select ADR methods, where studies are very less. Followingly, this study focused on developing a matrix based on risk factors in the construction
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Zhou, Mingjian, and Ruixue Zhang. "From employees' OCB to customers' OCB: Testing a mediation model." In 2011 International Conference on Management Science and Industrial Engineering (MSIE). IEEE, 2011. http://dx.doi.org/10.1109/msie.2011.5707729.

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Tjoe, Tjia Fie, Ronny Samsul Bahri, Doni Purnama Alamsyah, Khidhir Akbar Ghofar, and Heni Rohaeni. "Perceived Value Mediation Model to Improve Customer Expectation and Loyalty." In 2nd South American Conference on Industrial Engineering and Operations Management. Michigan, USA: IEOM Society International, 2021. http://dx.doi.org/10.46254/sa02.20210551.

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Hassan, Syed Fahad, Aamir Mahmood, Syed Ali Hassan, and Mikael Gidlund. "Wireless Mediation for Multi-Hop Networks in Time Critical Industrial Applications." In 2018 IEEE Globecom Workshops (GC Wkshps). IEEE, 2018. http://dx.doi.org/10.1109/glocomw.2018.8644340.

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Reports on the topic "Mediation and conciliation, Industrial"

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Y.B., Samsudin, and Pirard R. Conflict mediation in industrial tree plantations in Indonesia: Status and prospects. Center for International Forestry Research (CIFOR), 2014. http://dx.doi.org/10.17528/cifor/005443.

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