Purpose
The study was conducted with the primary objective of measuring the association between the disputant’s expenses and Dispute Resolution Council (DRC) effectiveness in the study area.
...Design/methodology/approach
The current study followed a quantitative research design. To obtain the study objectives, data was collected from a sample of 387 respondents in the selected three Tehsils of District Mardan, Pakistan. The respondents were selected through multistage stratified random sampling. At bivariate and multivariate level analyses, chi-square test and Gamma (γ) test statistics were used to test the relationship between variables (expenses of the disputants and effectiveness of DRC). Gender, monthly income and literacy status were used as control variables at the multivariate level.
Findings
At the bivariate level analysis, the study found a significant association (P = 0.05) of office of DRC is easily accessible, DRC as a cost-effective justice system as compared to other, availability of a vehicle to reach the DRC office and affordable amount for preparation of documents and filing the case with the effectiveness of DRC. At the multivariate level, the study portrayed that the expenses of the disputants enhance the effectiveness of DRC in males to a greater extent than females. However, the costs of the disputants were a universal feature to explain the efficacy of DRC irrespective of monthly income and literacy status.
Research limitations/implications
The present study was limited to cost and expenditure of the disputants which was associated with effectiveness of DRC with collaboration of gender, monthly income and literacy status. Moreover, a representation of “387” was only selected but it was enough for validity and reliability of the research dynamics.
Practical implications
The current study is highly significant for the policymakers for devising alternate policies for disputes resolution as the study focused on the cost and expenditure and recommend suggestions that how to improve the effectiveness of DRC in easy and timely disposal of disputes.
Social implications
The main objectives of the study is to examine the association between cost and expenditure of the disputant and effectiveness of DRC. In addition, to measure the influence of gender, income and literacy status on the association between the association between cost and expenditure of the disputant and effectiveness of DRC.
Originality/value
The current study is highly significant for policymakers to devise alternate policies for dispute resolution. The study focused on the cost and expenditure and recommended suggestions for improving the effectiveness of DRC in easy and timely disposal of disputes.
The Customer Dispute Resolution Scheme (CDRS) is the primary dispute resolution mechanism for financial disputes involving retail clients in the Qatar Financial Centre (QFC). As the QFC has grown the ...CDRS has also correspondingly developed. The Qatar Financial Centre Regulatory Authority (QFCRA) is currently reviewing the CDRS rules in an effort to further improve the performance of the tribunal. In support of this initiative, this paper reviews the regulatory framework underpinning the tribunal and offers recommendations as to how best to tighten and clarify the applicable rules and regulations. Similar tribunals are growing in popularity in many other parts of the world. As the prevalence of these tribunals increases, our understanding of the relationship between these bodies and the broader legal and regulatory environment also continues to develop. This paper contributes to the expanding body of research and literature on these types of forums, and places this emerging ADR trend specifically in the context of Qatar.
In this article author studies history of the institute of mediation formation and development in India. In the process of research author emphasizes that as a consequence of India's rapid economic ...development, number of disputes that are associated with them inevitably increases. Mediation is one of the popular methods of resolving disputes these days. In conclusion author emphasizes that the place and role of mediation is explained not only by the modern business culture of this country, but also because from a long time the population preferred to resolve conflicts through negotiations and with the participation of mediators. And the fact that the ancient model of peaceful settlement of disputes has survived to this day is due to the high level of poverty, cultural and religious diversity, and the preservation of traditional and community values and norms. It can be stated that the use of mediation, among other things, including traditional forms of alternative dispute resolution, has had a beneficial effect on the Indian judicial system, both in resolving problems with excessive workload on courts, and in delaying the adjudication of disputes.
Alternative
dispute resolution (ADR) is a collective noun for all kinds of
alternative
methods to
formal
dispute resolution. Business ethics attempts to theorize the different forms of normative ...coordination of corporate acts that remain within the lifeworld and outside the formal sphere of the legal system. In this context, business ethics could offer a positive approach to ADR, as ADR would be an effective, practical form of casuistry ethics. In this manner, concrete conflicts of interest and disagreements between economic actors could be resolved based on moral intentions and moral validity claims. This approach of ADR through business ethics is confirmed by many articles in business ethical journals. In two important aspects, namely justice and autonomy, law is contrary to ethics. ADR lacks exactly these ethical characteristics; thus the idea that ADR belongs to the discourse of business ethics is misleading. This article will argue that ADR is not in the realm of the ethical, but in the realm of the legal. This critical analysis of ADR will show a deeper dimension in the relationship between business ethics and law, namely the systematic colonization of ethical methods by law.
Teachers of conflict, negotiation, and alternative dispute resolution who have transitioned their in‐person courses to synchronous video conferencing are posed with significant pedagogical ...challenges. How will they stoke their students’ curiosity and maintain their students’ interest? How will students find the motivation and energy necessary to engage in nonstop videoconferences, day in and day out? How are they to maintain the high cognitive function required for our courses in the face of Zoom fatigue and reduced social interaction? In light of these challenges, we explored another activity that students (and their teachers) not only engage in, but can’t pull themselves away from. Drawing on the literature examining psychological and neuroscientific aspects of binge‐watching television shows, we propose an innovative approach to designing courses our students will want to binge‐learn.
If disputes are not resolved promptly, they tend to become prolonged and escalated, creating a more complicated and less manageable scenario. Therefore, in this study, we formulated a mechanism for ...dispute resolution in the Iranian construction industry based on alternative dispute resolution methods. The formulated mechanism could aid disputing parties in the construction industry to settle their disputes more effectively and enhance dispute resolution methods in construction standard forms. To achieve this goal, we collected qualitative data using semi-structured interviews with 30 experts who were selected via purposive sampling method. We used MAXQDA software to manage and organise complete interview transcripts and facilitate the qualitative data analysis process. The proposed mechanism and guidance were finally validated using the survey questionnaire. Negotiation has equal potential for dispute resolution with different sources, and it is recommended as the first step in dispute resolution with any source. According to the results, we recommend a three-step resolution mechanism as follows: negotiation, a method based on sources of disputes and a hybrid method of adjudication and arbitration (Adj-Arb), as the appropriate mechanism for dispute resolution in the Iranian construction industry. Replacing arbitration with Adj-Arb in construction standard forms will have satisfactory results in resolving construction disputes and reply to growing criticism that arbitration is becoming more like litigation.
This contribution has two objectives, addressed with different methodologies. Firstly, from a descriptive perspective, the combined arbitration and mediation formulas —ARB-MED, MED-ARB, ARB-MED-ARB— ...developed in the practice of international business as MASC/ADR are analyzed as mechanisms to achieve the best of both dispute resolution systems. Secondly, from a critical point of view, the reception of these hybrid mechanisms in the Spanish legal system is addressed, taking into account the general prohibition established in our arbitration legislation: Unless the parties agree otherwise, the arbitrator may not have intervened as a mediator in the same conflict between them (article 17.4 of arbitration law 60/2003).
Esta contribución tiene dos objetivos, abordados con metodologías diferentes. En primer lugar, desde una perspectiva descriptiva, se analizan las fórmulas combinadas de arbitraje y mediación —ARB-MED, MED-ARB, ARB-MED-ARB— desarrolladas en la práctica de los negocios internacionales como MASC/ADR, como mecanismos para conseguir lo mejor de ambos sistemas de resolución de controversias. En segundo término, desde un punto de vista crítico, se aborda la recepción de estos mecanismos híbridos en el ordenamiento jurídico español, habida cuenta de la prohibición general establecida en nuestra legislación arbitral: Salvo acuerdo en contrario de las partes, el árbitro no podrá haber intervenido como mediador en el mismo conflicto entre estas (art. 17.4 Ley 60/2003 de arbitraje).
The ex-Gratia Compensation Scheme was introduced by the Government of Indonesia in 1994 to provide compensation, which is not covered by any prior legislation, for all its workers suffering from ...injuries and illnesses due to work. This study explores a key aspect of insurance policies in Indonesia, e.g., ex gratia payment to the insured individual by their insurance company. This study argues that several issues still exist in the insurance business in Indonesia that require a change in policies and regulations by the government for the welfare of the Indonesian people, especially the vulnerable. This paper seeks to address the question of how the ex gratia rule can be used to solve insurance claim disputes. In other words, are insurance claims always approved by insurance companies under the ex gratia rule? This study reveals that despite more than 10 years of implementation, the ex gratia claims filing is still minimal and unpopular. This is mainly due to the population's unawareness of the provisions of ex gratia and its benefits.
Uluslararas: tahkim, giinfimiizde uluslararasi uyugmazhk céziimiinde eo popiller ciziim yollarmin baynda gelmektedir. Artik, neredeyse bitin uluslararasi sézleymelerin vazgecilmez bir maddesi haline ...gelen “Tabkim yarti” ileride dogmas: mubtemel bir uyugmazhkta taraflarnn haklarwi deviet mahkemelerinde degil, Szel ve devietlerden bagumssz bir kurum olan, ve taraflann hakimiyetioin deviet yargusmdan gok daha fazla oldugu, tahkim yoluyla ciztimlenccegi anlamina gelmektedir.Uluslararasi tahkim bo derece popiler hale gelip yaygmnlagirken, tahkim yargilamasina dair belirsizlikler ve problemler de glincellenmekte, eski bazi sorunlar ortedan kalkarken, yeni kurumlar da belirmektedir. Uluslararasi terminolojide Third-party Funding olsrak adlandirian, dilimize Ugtined Kigi Finansmani olarak cevirebilecegimiz yeni bir kurom, tahkim konferanslannda son zamanlarin en hararetle tartijilan popiler bir konusu haline gelmistir. Temei olarak, taraflardan en az birinin tahkim yoluna bagvuracak maddi imkandan mahrum olmas: durumunda, tahkim masrafarioi tarafin bulacagi bir fon aracikgryla karglandsg kuruma verilen bu isim adalete erisimi kolaylagtirirken, hukuki bir gok problemi de beraberinde getirmistir.Bu tez, ilg biliime ayrilmaktedir. Tezin ilk béliminde uluslararas: tabkimin bir uyugmazhk gézim ydntemi olarak temel ilkelerinin ve kaynaklariam neler oldugu anlatidacak, tabkimin geligiminin daha iyi anlagiimas: icin basa bir taribcesinden ve geligiminden babsedilecektir.Ikinci bdldm iicdinci kigi finansmaniada diiayadaki geligmeleri incelemekte, Ingittere ve diger énemli tahkim merkezlerinde bu konu hakkinda verilen Gnemli yarg: karariarim degeriendirerek, iigiincti kisi finansmaninda filkelerin ve mahkemelerin hangi safta yer aldtgim: agiklamaktadir.Ogiined boltimde de piyasanm temel oyunculars, en daemli fon sirketleri ve onlarin konumu incelenecektir. Merkezleri genelde Londra’da olan bu sirketler biinyelerindeki hukuki departmanlar araciligyla fon isteklerini incelemekte, tarafin davay: kazanma ve kaybetme olasiliklarina gére fonlamays kabul veya reddetmektedirler. Bu béltimde fonlama siireci hakkinds okuyucuauo kafasinda, fon teklifinin gelmesinden fonlama kabul veya red edilinceye kadar ne gibi sirecler oldugu hakkinda fikir olwgturvimas amaclanmaktadir.
PDF
