Given the confrontational nature of citizen–police interactions, citizen complaints against the police are inevitable. In Trinidad and Tobago, citizen complaints are frequently ventilated via ...litigation or through a range of police-led and non-police-led investigations. However, it has been argued that these mechanisms for resolving citizen complaints against the police are ineffective. With this in mind, there is need for alternative mechanisms to resolve citizen complaints against police officers, and mediation has emerged as the leading contender. Despite the proclivity toward mediation, the phenomenon has attracted sparse scholarship in Trinidad and Tobago. As a result of this lacuna, this study employs a qualitative approach to measure (a) citizens preference for mediation or traditional mechanisms of complaint resolution and (b) citizens willingness to use mediation to resolve complaints against police officers in Trinidad and Tobago, if mediation becomes available.
The transformation of project management approaches and business processes organization in crisis conditions requires rethinking and supplementing the concept of sustainable construction in terms of ...the socio-economic component, taking into account an important feature of the investment and construction sector - huge number of disputes and contradictions, the effective resolution of which depends on the successful implementation of projects.
The article suggests such an indicator as the degree of conflicts (conflictivity), which should supplement the sustainability indicators, and can be measured on the basis of the following factors: the dynamics of the number of economic disputes, the amount of conciliation agreements concluded at the stage of litigation, the result of consideration of insolvency (bankruptcy) cases, the number of terminated government contracts, business participation in the implementation of major projects, the degree of alternative dispute resolution popularity.
This article introduces an exercise that enables human resources ("HR") students to experience mediation as an essential dispute resolution tool. Students play various roles such as a mediator, party ...to the dispute, impacted supervisor, or human resources representative of the involved company. Students actively work to fashion a collaborative solution to an employment-related dispute in the context of an Equal Employment Opportunity ("EEOC") charge against an individual and the company alleging workplace sexual harassment. The exercise was originally developed for a face-to-face MBA class. However, it is also appropriate for courses in human resource management at both the graduate and undergraduate levels. With modifications, it can also be used in synchronous online classes.
Our aim is to unpack contract design capabilities for detailed commercial contracts, to draw out implications for the locus of such capabilities within the firm, and to examine implications for ...exploiting those capabilities as a potential source of competitive advantage. We argue that developing contract design capabilities involves learning how much and what kinds of detail to include in a contract. We further argue that knowledge about the management of these trade-offs resides differentially in managers, engineers, and lawyers regarding different types of contractual provisions.
Purpose
Most developing countries, such as Sri Lanka (SL), are now looking for the support of foreign construction companies for large-scale infrastructure projects in return for expertise and ...resources. Thus, foreign companies may enter into agreements with local contractors through joint ventures (JVs). However, the priorities of construction project stakeholders may differ, which may ultimately end up in conflicts. Therefore, this research aims to investigate the most suitable conflict management strategies for international construction JVs (ICJVs) considering the SL context.
Design/methodology/approach
The mixed method was used for the research choice by selecting a questionnaire survey and expert interviews. Completed questionnaires (n = 78) were analysed using statistical techniques. The expert interviews with six industry practitioners were piloted to increase the validity and credibility of survey findings through a triangulation process where the collected data was analysed through content analysis.
Findings
The findings confirm that JV parties should first seek collaborative solutions in a conflict and seek legal redress only when those efforts are unsuccessful. Collaborating and compromising were recommended as the most appropriate tactics if an informal approach to conflict management was chosen. Alternative dispute resolution and litigation were identified as formal conflict management strategies.
Originality/value
This study, to the best of the authors’ knowledge, will be the first of its kind in SL, which will lead to a better understanding of conflict management in IJCVs and will encourage other researchers to extend this study through further work.
This Open Access book carefully examines the legal and historical bases of the territory of Japan as a modern State from the Meiji period to 2002. A new preface summarizes key developments in the ...situation up through 2022. Japan’s current territory is stipulated by the Potsdam Declaration (1945) and the Treaty of Peace with Japan (1951); it includes the Northern Territories, the Senkaku Islands, and Takeshima. Japan has demanded the return of the Northern Territories, comprising the islands of Etorofu, Kunashiri, Shikotan and Habomai, which are occupied by Russia. China has claimed sovereignty over the Senkaku Islands, which are validly controlled by Japan; Japan has claimed sovereignty over Takeshima, which is occupied by the Republic of Korea. This book analyzes the current status of these territorial topics, drawing on historical documents and international legal precedent, and it suggests peaceful methods to address them. In discussing territorial land, sea, and air space, this work touches upon postwar concepts defining modern international law and relevant rules on these subjects—exclusive economic zones (EEZs), continental shelves, and air defense identification zones (ADIZs)—found in international treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), and related domestic laws.
Vor den deutschen Zivilgerichten klagen zunehmend Spieler, die vor der weiteren Liberalisierung des Glücksspielrechts im Jahr 2021 an Glücksspielen im Internet teilgenommen haben. Sie fordern von ...Unternehmen, die solche Glücksspiele anbieten, die Rückzahlung geleisteter Spieleinsätze. Diese so genannten "Spielerklagen" waren bisher unterschiedlich erfolgreich. Die deutschen Gerichte sind sich zwar weitgehend einig, dass die Spielverträge wegen Verstoßes gegen die bisherigen Glücksspielstaatsverträge nach § 134 BGB unwirksam sind, obwohl die Glücksspielaufsicht bewusst das bisherige Glücksspielverbot im Internet nicht durchgesetzt hat. Vielmehr hat die staatliche Aufsicht Verstöße der Unternehmen geduldet, wenn sich die Unternehmen an bestimmte Vorgaben der Behörden halten, um zu verhindern, dass Spieler auf ein gänzlich unreguliertes Angebot ausweichen. Uneinigkeit besteht aber, ob etwaige bereicherungsrechtliche Ansprüche nach § 817 Satz 2 BGB gesperrt sind. Dagegen haben die Gerichte deliktische Schadensersatzansprüche der Spieler bisher nur vereinzelt bejaht. Auch die Verjährung etwaiger Ansprüche wirft Fragen auf. Zu diesen privatrechtlichen Aspekten der Spielerklagen, die bisher noch nicht umfassend diskutiert wurden, nehmen die Beiträge dieses Bandes Stellung.
This open access book aims to provide an initial but comprehensive roadmap for the Chinese civil litigation system. It starts with some basic concepts of the Chinese judicial system (e.g., court ...system, case numbering, hierarchical trial system, etc.) and runs through the entire process and most aspects of civil litigation cases (e.g., jurisdiction, service of process, rules of evidence, enforcement, representative actions, etc.). The first target audience for this book is lawyers outside of mainland China. For professors and law students, this book also serves as a window into the Chinese judicial system in a short period of time. It is my hope that this book serves as a backdrop for additional observations of Chinese judicial practice, such as a review of recent cases. This is an open access book.
Artificial Intelligence (AI) is reshaping the way legal services are delivered, which includes arbitrators in Alternative Dispute Resolution (ADR) proceedings. This trend is being accelerated by the ...coronavirus (COVID-19) pandemic, with many disputes being conducted online. Previously, legal tasks have usually been associated with human lawyers; however, increasingly autonomous computer systems may soon replace arbitrators in the delivery of legal services in ADR proceedings. This article evaluates the extent to which the deployment of AI may augment arbitrators in ADR proceedings and provides an analysis of how much legal work may be effectively performed by AI in ADR proceedings. The central focus is on the capabilities of AI systems against human arbitrators and the requirement for human intervention and supervision of AI systems deployed in ADR proceedings. This article extends the debate on AI and arbitrators where the focus is on the augmentation of legal services in ADR with AI systems and the implications therein. The doctrinal approach is employed to conduct the study. The primary objective of this article is to evaluate the extent to which the deployment of AI systems may augment the efficiency and productivity of legal services in ADR and to highlight the proposed recommendations.
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