Academic literature on the topic 'State Board of Mediation and Arbitration'

In his 1906 Annual Message to Congress, President Theodore Roosevelt urged support for a bill to mandate the government investigation of labor disputes before allowing workers to strike. In an “age of great corporate and labor combinations,” the president insisted “the public has itself an interest which can not wisely be disregarded; an interest not merely of general convenience, for the question of a just and proper public policy must also be considered.” Congress at the time was unmoved. Yet Roosevelt's proposal signaled a growing movement to compel the investigation and arbitration of major labor conflicts. This movement peaked in the years soon after World War I. Advocates for government mediation insisted that an impartial commission of experts could peacefully negotiate workplace disputes and spare the consuming public the contests of will and force associated with major strikes. The Progressive Era arbitration of railroad and mining conflicts established important precedents and have received significant attention from scholars. National mediation boards, however, rarely assumed the power to order participation. Such efforts were more prominent at die state level. In 1915 Colorado legislators largely implemented Roosevelt's proposal, creating the first government board with powers to ban strikes and lockouts pending an investigation in industries affected with a public interest. Soon after the war, Kansas expanded upon the Colorado precedent with a compulsory arbitration board to regulate a host of indus-tries deemed essential to the public. Programs for state mediation of labor conflicts in the postwar period were particularly bound up with questions of compulsion in the public interest.

The study of the activities of Muslim institutions in the field of regulation of social relations in a secular state is of particular interest in terms of religious associations’ adaptation. The authors explore the structure of the Qadiyat of the Muslim Religious Board of the Republic of Tatarstan, the powers of qadis, the main directions of their activities and give examples of the consideration of cases by Muslim judges, analyzing regulations and publications within the framework of the structural-functional approach. Tatarstan qadis as members of the Qadis Council and as regional Muslim judges perform control, advisory, mediation and arbitration functions. Qadis deal with marriage and family matters, inheritance disputes, settle conflicts in the business sphere, consult on Sharia issues and are engaged in the preservation and strengthening of Tatar traditions. One of the promising directions for the development of the institution of Qadiyat as an instrument for pre-trial settlement of disputes is the creation of a mediation and arbitration body on its basis that can help a wide range of believers to resolve conflicts according to the norms of Islam and Russian laws.

International economic transactions are constantly growing and evolving. As a consequence, dispute resolution services must be prepared to respond to the new challenges and needs of the global market. With this in mind, the ICC Commission on Arbitration and ADR adopted new Expert Rules, under which the ICC Centre for ADR provides distinct services relating to experts and neutrals in numerous technical and legal areas. The three new sets of Expert Rules provide for proposal, appointment and case administration services respectively. The changes are also intended to bring the Expert Rules in line with the 2012 ICC Arbitration Rules and with the 2014 ICC Mediation Rules. In this article, the authors provide an overview of the new Rules, detailing the main changes that were introduced and how the Rules may interact with ICC Arbitration, Mediation, Dispute Board, and DOCDEX proceedings. The new Expert Rules make for ideal tools in various types of proceedings and at any stage thereof. As such, expert-related services are not only a great complement to amicable dispute resolution, arbitration and court proceedings, but can also serve as an autonomous dispute resolution tool.

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

Claims are becoming inevitable and unavoidable in modern projects involving new technology, specifications, and complexities. There are many reasons for claims, for instance time extension, machinery change, material deviation, manpower, price escalation, accidents on site, changes in design, etc., which result into disputes. Confusion also exists in adoption of dispute resolution techniques, such as arbitration, conciliation, mediation, dispute resolution board, etc. In this paper, various factors responsible for claims and dispute in road projects and their intensity have been identified. The results are implied through a survey of clients, contractors, and consultants involved in road projects. The work focuses on the predominant causes of dispute and the methodology adopted by stake holders for settlement of the same.

The provisions on dispute settlement Islamic banking has been laid down in Chapter IX of the settlement of disputes of Article 55 (1), (2), (3) of Law No. 21 of 2008 mentioned that the dispute settlement Islamic Banking is done by the court within the religious court, in case the parties have foretell dispute resolution other than as referred to in paragraph (1), the settlement of disputes in accordance with the contents of the contract, settlement of disputes referred to in paragraph (2 ) must not conflict with Islamic principles. The elucidation of Article 55 paragraph (2) of Law No. 21 of 2008 mentioned that the reference to the settlement of disputes in accordance with the contents of the contract are as follows efforts of deliberation, banking mediation, through the National Sharia Arbitration Board (Basyarnas) or other arbitration institution and / or through the courts within the General Court. The polemic is about the authority to resolve disputes in Islamic banking because there is no dualism of litigation, the Court of religion (Article 55 paragraph (1) of Law No. 21 of 2008) and the District Court stated in the elucidation of Article 55 paragraph (2) of the Act No. 21 of 2008), so in this study took the title of Absolute Authority of Religious Court Case Against Islamic Banking Solution (Analysis Juridical Constitutional Court Decision No. 93 / PUU-X / 2012). This study aims to know the legal implications arising from the decision of the Constitutional Court regarding the absolute authority of the Religious, and the competence of the Religious Islamic Banking in resolving disputes after the publication of the decision of the Constitutional Court for the No. 93 / PUU-X / 2012. The method used in this research is the method of juridical-normative research focus to apply the rules or norms of positive law by finding the law that encourages research, such as looking for the source of various litelatur, interviews with respondents also focused on how the legal aspects and principles of law against the decision of the Constitutional court, and the legal implications of this decision are equipped with primary data (Field research), as well as secondary data which supports research. In this study, there are two principal issues examined is about authority Absolut religious court after the Constitutional Court ruling No. 93 / PUU-X / 2012 as well as the implications of the issuance of the verdict in the world economy, especially sharia Islamic microfinance institutions and Islamic banking. The findings of this research is the decision of the Constitutional Court are legally absolute magnitude against all things Islamic economy both litigation and non-litigation to force the execution of the decision in the case or a decision which is final.

Given the criticism addressed towards international arbitration to settle investor-state disputes, it is necessary to explore alternatives.The most prominent one is mediation which presents many advantageous features centered around preserving and nurturing the relationship between the state and the investor. While all the conditions are met for the increased use of mediation, it remains marginal, mainly because of the very essence of investor-state disputes. A promising alternative is conflict-prevention which includes several tools intervening at different levels of the investor-state conflict continuum. Such tools include grievance management mechanisms and investment ombudsmen which incorporate mediation techniques in their operating procedures and have proven to be efficient. In the end, it is better to prevent than to cure and the most efficient way to prevent is to educate. ‘I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.’ – Maya Angelou

As an important part of alternative dispute resolution, investor–state mediation is attracting increasing interest from the creators of investment treaties and institutional rules. Traditional mediation mechanisms are inherently confidential. Keeping mediation proceedings and related documents strictly confidential is crucial to successful mediation. However, investor–state disputes, which involve public interests, often do not allow for the strict confidentiality of traditional mediation. Rather, those involved in investor–state mediation face pressure to be transparent. To increase public acceptance and the perceived legitimacy of the investor–state mediation system, it is necessary to establish the right balance between confidentiality and transparency. The degrees of transparency in arbitration and mediation are not the same; there are many institutional differences in their transparency rules, such as those regarding public hearings, access to documents, and non-disputing party submissions. The degree of transparency of investor–state mediation should generally fall between the strict confidentiality of commercial mediation and the transparency of investor–state arbitration. Distinct from investor–state arbitration and its exceptions to transparency and confidentiality requirements, investor–state mediation applies confidentiality in principle, with appropriately expanded transparency exceptions to respond to the need for transparency. When constructing investor–state mediation transparency rules, it is necessary to consider many other factors, as there is no universally applicable optimal degree of transparency.

The impact of P.C. 1003 on labour relations legislation in the various Canadian provinces can be both overestimated and underestimated. Many other elements and factors came together to produce a Canadian System of industrial relations in 1944. P.C. 1003 was both a result and a beginning. The American Wagner Act of 1935 and the pressure exerted in Canada by union leaders to obtain similar legislation in this country were two major factors. Some provincial legislations had established Systems of conciliation, through the federal and/or provincial Departments of Labour. A few previous laws prepared the way for P.C. 1003. The Quebec Trade Disputes Act of 1901 introduced mediation, conciliation and arbitration. Although the services were offered on a voluntary basis to interested parties, a certain number did use them, and that very fact contributed to the view that state intervention was normal. The federal legislation adopted in the first decade of the century had a similar impact, at least until its constitutionality was successfully attacked in 1925. After the Snider case, all Canadian provinces but one moved to "provincialize" the effect of the Industrial Disputes Investigation Act by adopting similar legislation. The 1937 Industrial Conciliation and Arbitration Act of British Columbia provoked much interest; and the 1943 Ontario Collective Bargaining Act was an important experimental prelude to P.C. 1003. The provisions of these acts were in most cases voluntary, but their application, whether mandatory or voluntary, helped to foster the belief that government intervention in labour disputes was normal, if not desirable. The first federal-provincial conference held on the subject in 1943 also helped to pave the way to the acceptance of the main elements of P.C. 1003. Because of the war situation and the urgency of keeping conflicts from becoming too disruptive, steps that could not have been taken in other circumstances became acceptable at that time. Thus the administrative machinery for certification and conciliation services was put in place. The "cost-plus" system of granting government contracts played a major role. Because P.C. 1003 was mandatory for all war industries, it applied to most of the unionized industries. The rest of the economy was covered by provincial laws, many of them simply extending P.C. 1003 provisions to labour disputes in provincial jurisdiction. These provisions were continued after the war under the National Emergency Transitional Powers Act. By 1948, all of the provinces had adopted a Labour Relations Act, under that name or another, containing the major features of P.C. 1003 and of the 1948 federal Industrial Relations and Disputes Investigation Act. In a sense, P.C. 1003 owed a lot to previous provincial laws, but subsequent legislation also owes a lot to P.C. 1003, especially with regard to the technical aspects of certification and the creation of labour boards.

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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Qualitative, theoretical and bibliographic research, with historical and documentary analysis. The purpose is the election of directors of the public basic school and the general goal is understand the mediating role of the State Board of Education and its influence in the democratic management of state public schools of basic education in the period 2003 to 2010. Democracy, school management, democratic management of public schools and mediation directed the delineation of this problem. It consists to observe the mediation of the state board of education for the choice of school managers through direct election, contributes to the strengthening of management the democratic in the state school, seeking the guarantee the right to quality education socially relevant. The guiding axes of the theoretical studies are made by the studies of the concepts of democracy through an insert in the history and current context of western society and characteristics of democratic management in education at the basic school. Comparisons are made among conceptions of democracy, administration and democratic management in educational spaces. The knowledge of the State Board of Education as a normative body, guiding and supervising the state system of education is deepened. It discusses the election of school managers to state public schools for basic education in the period 2003 to 2010. It analyzes the mediation of the State Board of Education of Goiás (CEE/GO) in the electoral process. This analysis allows how come the mediation goes beyond the organization and execution of the procedure for the election of managers, being combined with the category of totality and the contradiction being possible to show the opposition between the process and the expansion of democracy in school mediated by social structure, by the history and culture. The mediation reveals the limits and possibilities of building democracy in Brazilian capitalist society with a focus on Brazilian public space at school in Goiás. It shows that the direct election of directors and the management group is a starting point in order to create possibilities to guarantee the right to education for all Brazilians as a constitutional principle, and is the one of the mechanisms for the development of democracy in school. The democratic management of public school, however, must go beyond the choice by election, because democracy in school assumes the involvement of teachers, administrative servers, students and families, including the School Board and the Students´ Union, that means, the entire school community. It understands that he democratic management of public schools should be in the classroom, curriculum development, in the process of learning, learning assessment, inclusion of parents in the school in its reality. Analysis showed that the participatory process of construction of the Law of Guidelines and Bases of the State of Goiás (Complementary Law nº 26/1998) and the plural composition and parity of the EEC/GO made possible, for more than a decade, the regularity of choice for the election of school administrators. It should be noted, however, that should be created and strengthened the collegiate bodies as school boards and student unions. It should be encouraged also democratic practices throughout the educational process. It is concluded that the election of managers for the state public school of Goias mediated by the State Board of Education as a process of expansion of community participation in school management is still limited but is legally guaranteed and it has regularity. It follows that the State Education System, how it structures, limits and reduces a school democratic management but is in the proper process to the election to managers that the structure and the limits are questioned, allowing better conditions to realize the democracy in school.
Pesquisa qualitativa, teórica e bibliográfica, com análise documental e histórica. Tem por objeto a eleição de diretores da escola básica pública e o objetivo geral de compreender o papel de mediação do Conselho Estadual de Educação e sua influência na gestão democrática das escolas públicas estaduais de educação básica no período de 2003 a 2010. As categorias democracia, gestão escolar, gestão democrática da escola pública e mediação orientaram a delimitação do problema. Este consiste em verificar se a mediação do Conselho Estadual de Educação para a escolha de gestores escolares, por meio de eleição direta, contribui para o fortalecimento da gestão democrática na escola estadual que busca a garantia do direito à educação de qualidade socialmente referenciada. Os eixos orientadores do referencial teórico são constituídos dos estudos dos conceitos de democracia por meio de uma inserção na história e no contexto atual da sociedade ocidental e da caracterização da gestão democrática no sistema educacional e na escola básica. São feitas comparações entre concepções de democracia, de gestão e de gestão democrática nos espaços educativos. O conhecimento do Conselho Estadual de Educação como órgão normatizador, orientador e fiscalizador do Sistema Estadual de Educação é aprofundado. Discute-se a eleição de gestores escolares para as escolas públicas estaduais de educação básica no período de 2003 a 2010. Analisa-se a mediação do Conselho Estadual de Educação de Goiás (CEE/GO) no processo eleitoral. Essa análise permite a compreensão de que a mediação vai além da organização e execução do processo para a eleição de gestores. Combinada com as categorias totalidade e contradição foi possível desvendar a oposição entre o processo e a ampliação da democracia na escola mediada pela estrutura social, pela história e pela cultura. A mediação revela os limites e as possibilidades da construção da democracia na sociedade capitalista brasileira com foco no espaço público educativo da escola de Goiás. Claro está que a eleição direta de diretores e do grupo gestor é um ponto de partida com vistas a criar possibilidades para garantia do direito à educação para todos os brasileiros como princípio constitucional e, constitui um dos mecanismos para o desenvolvimento da democracia na escola. A gestão democrática da escola pública, entretanto, deve ir além da escolha por eleição, porque a democracia pressupõe a participação de professores, servidores administrativos, alunos e famílias, do Conselho Escolar e do Grêmio Estudantil, ou seja, de toda a comunidade escolar. Entende-se que a gestão democrática da escola pública deve estar na sala de aula, no desenvolvimento do currículo, no processo de aprendizagem, na avaliação da aprendizagem, no acolhimento dos pais na inserção da escola em sua realidade. As análises permitiram constatar que o processo participativo de construção da Lei de Diretrizes e Bases do Estado de Goiás (Lei Complementar nº 26/1998) e a composição plural e paritária do CEE/GO possibilitaram, por mais de uma década, a regularidade da escolha por eleição dos gestores escolares. Salienta-se, contudo, que devem ser criados e fortalecidos os órgãos colegiados como conselhos escolares e grêmios estudantis. Devem ser estimuladas, também, práticas democráticas em todo o processo educativo. Conclui-se que a eleição de gestores para a escola pública estadual goiana mediada pelo Conselho Estadual de Educação, como processo de ampliação da participação da comunidade na gestão da escola, ainda é limitada, mas, é garantida legalmente e possui regularidade. Decorre que o Sistema Estadual de Educação, da forma em que se estrutura, limita e reduz uma gestão escolar democrática, mas é no próprio processo de eleição para gestores que a estrutura e os limites são questionados, o que possibilita melhores condições para a realização da democracia na escola.

AbstractThis chapter explores the role of Nordic courts in safeguarding certain public values and interests, whether substantial or procedural, in the three types of civil dispute resolution that can potentially lead to state enforcement, namely civil litigation, arbitration and mediation. First, it shows how Nordic courts in civil litigation may take on an’active role’ vis-à-vis the parties but that the legal contours of this role remain unclear and controversial. Secondly, it shows how current and proposed statutory frameworks governing arbitration and mediation give national courts an important role in safeguarding public values and interests which raises important questions in law concerning the role of courts as gatekeepers of access to court and state enforcement for private actors. The chapter concludes with a discussion of the need for developing a clearer and more coherent approach to defining this public policy-implementing role of courts across all three types of civil dispute resolution. It is argued that such a coherent approach is needed and that it will be valuable to analyse the public policy-implementing role of courts in a Nordic context, since the Nordic countries generally share many of these relevant public values and interests.

AbstractDespite the European passport granted to insurance intermediaries by the Insurance Mediation Directive (IMD) in 2002, the single market for insurance distribution remained very fragmented. In 2016, in order to promote the emergence of a genuine Single Market in insurance services, the Insurance Distribution Directive (IDD) introduced new rules on cross border insurance distribution and new division of competence between home and host Member State authorities. However, it failed to provide the necessary legal clarity on when an insurance intermediary is likely to be pursuing cross-border activities. This chapter will explore whether the IDD, together with the 2018 Decision of EIOPA’s board of Supervisors, have led or will lead to more market integration. This chapter also briefly analyses the possible impact of ‘Brexit’, that is, the leaving of the EU by the United Kingdom, on cross-border activities of insurance intermediaries.

In this article, the author will explore the potential of the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the “Singapore Convention on Mediation” in reaching its desired goal – becoming an essential instrument in the facilitation of international trade and support the wide recognition of mediation as an international and domestic commercial dispute resolution practice. Hence becoming what was and still is the United Nations Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards for the international trade arbitration. Through the analysis of the history and current state of the Singapore Convention, its guiding provisions, and their correlation with the basic principles of mediation, the author will evaluate the utilization and legitimacy of international business mediation in cross-border disputes after the Singapore Convention.

The twenty-three communities that comprise the North East Solid Waste Committee have labored under what may well be the worst municipal solid waste service agreement in the country. In FY 2004, the disposal fee is $140 per ton. Over the past eighteen years, the communities have paid more for disposal, as much as two to three times what the neighboring communities have paid. The NESWC Board of Directors has, over the course of the past ten years, implemented a multifaceted program to reduce the environmental and economic burden associated with managing the municipal solid wastes generated in the 23 member communities. The program has included a series of innovative approaches to obtaining negotiating leverage and support from diverse stakeholders to reduce the cost and implementing innovative programs to help reduce the amount and toxicity of waste requiring disposal. What makes this particularly significant is that it was done on a regional basis, involved interaction with a broad, diverse group of stakeholders at the local, state and federal level and required the use of a wide array of change inducing tools, including arbitration and litigation, to achieve the results. Most recently, the communities and the vendor, Wheelabrator North Andover, completed negotiations regarding service post termination of the existing Service Agreement in September, 2005. This paper updates key lessons learned over the past decade.