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Sample records for restorative dispute resolution

  1. ALTERNATIVE DISPUTE RESOLUTION

    Mihaela Irina IONESCU

    2016-05-01

    Full Text Available Alternative dispute resolution (ADR includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, before permitting the parties' cases to be tried. The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute. Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC No 2006/2004 and Directive 2009/22/EC (hereinafter „Directive 2013/11/EU” aims to ensure a high level of consumer protection and the proper functioning of the internal market by ensuring that complaints against traders can be submitted by consumers on a voluntary basis, to entities of alternative disputes which are independent, impartial, transparent, effective, simple,quick and fair. Directive 2013/11/EU establishes harmonized quality requirements for entities applying alternative dispute resolution procedure (hereinafter "ADR entity" to provide the same protection and the same rights of consumers in all Member States. Besides this, the present study is trying to present broadly how are all this trasposed in the romanian legislation.

  2. Alternative Dispute Resolution to the Rescue.

    Kassberg, Maria

    1989-01-01

    Examines the use of mediation and arbitration to settle civil disputes which have been traditionally settled through the courts. Discusses the advantages of alternative forms of dispute resolution. Describes the operations of dispute resolution centers and provides information about the individuals who serve as dispute mediators. (KO)

  3. Overview of alternative dispute resolution in healthcare disputes.

    Saravia, A

    1999-01-01

    Various methods of alternative dispute resolution have gained wide acceptance in general commercial disputes. With the ever-increasing commercialization of the healthcare industry, many participants are examining ADR as a means of resolving disputes in this area as well. This Commentary provides an overview of the two most prevalent forms of ADR (arbitration and mediation), and discusses ongoing legislative, judicial, and industry activities that will guide the application of ADR in the healthcare arena.

  4. Alternative Dispute Resolution – Justice without Trial?

    Angelica Roşu

    2012-05-01

    Full Text Available This research is proposed to analyze the alternative means of dispute resolution, as an alternativeof justice, or as a justice alternative, after studying both European critical literature and national one. Thephrase „alternative dispute resolution” means any alternative way of dispute resolution method whereby two ormore people try using a third party to reach a solution to the problem that precludes them, whether it ismediation, conciliation, assisted negotiation. In this research, we proposed to use the observation as a commonmethod. We concluded that the main reason of the alternative means for dispute resolution results from thepossibility to avoid the judicial system that makes it available for the litigants. It was also shown that users ofalternative means for dispute resolution not seek to resolve the dispute outside a court as an amicablesettlement, negotiated, consensual of their dispute.

  5. Alternative dispute resolution mechanisms, plea bargain and ...

    Conflicts, disputes, disagreements, problems and issues are inevitable in human affairs. Most of these disputes and problems in some circumstances give rise to offences for which a criminal prosecution becomes necessary. One can say that Alternative Dispute Resolution (ADR) is used all round the world to resolve ...

  6. 14 CFR 17.31 - Use of alternative dispute resolution.

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Use of alternative dispute resolution. 17... PROCEDURAL RULES PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES Alternative Dispute Resolution § 17.31 Use of alternative dispute resolution. (a) The Office of Dispute Resolution for Acquisition shall encourage the...

  7. 48 CFR 5452.233-9001 - Disputes: Agreement To Use Alternative Dispute Resolution (ADR).

    2010-10-01

    ... Alternative Dispute Resolution (ADR). 5452.233-9001 Section 5452.233-9001 Federal Acquisition Regulations... of Provisions and Clauses 5452.233-9001 Disputes: Agreement To Use Alternative Dispute Resolution... Alternative Dispute Resolution (ADR) (APR 2001)—DLAD (a) The parties agree to negotiate with each other to try...

  8. 48 CFR 1433.214 - Alternative dispute resolution (ADR).

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Alternative dispute... GENERAL CONTRACTING REQUIREMENTS PROTESTS, DISPUTES, AND APPEALS Disputes and Appeals 1433.214 Alternative dispute resolution (ADR). DOI strongly encourages the use of ADR in the resolution of disputes in lieu of...

  9. 48 CFR 3033.214 - Alternative dispute resolution (ADR).

    2010-10-01

    ..., DISPUTES, AND APPEALS Disputes and Appeals 3033.214 Alternative dispute resolution (ADR). (c) The Administrative Dispute Resolution Act (ADRA) of 1996, as amended, 5 U.S.C. 571, et seq., authorizes and... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative dispute...

  10. DISPUTE RESOLUTION AND MEDIATION ON CAPITAL MARKET

    CRISTIAN GHEORGHE

    2011-04-01

    Full Text Available Capital Market is usually depicted as a place for experts, for people with high trading skills. This is a half truth. There are entities established and functioning under strict scrutiny of Romanian National Securities Commission (RNSC, in compliance with Capital Market Law and regulations. There are also the investors, in many cases individuals involved in shares/financial instruments trade. In both cases disputes can rise. Disputes are inevitable a part of human interaction, hence the need for dispute resolution. First option is the judicial court system. Alternative dispute resolution comprises arbitration and mediation. Arbitration is an alternative choice to provide simpler, speedier and more accessible justice than ordinary courts as well as expertise in matters that are technical in nature and require special knowledge to adjudicate upon. Capital Market environment provides an institutional arbitration court for all participants, including investors. In many cases the agreement executed between participants under RNSC scrutiny The other option for settling disputes outside the court is mediation. Mediation can provide a much cheaper and quick extrajudicial resolution of disputes in commercial matters without time consuming procedures and rigid rules. Agreements resulting from mediation are more likely to be complied with voluntarily and are more likely to foster the commercial relationship between the parties. The interaction between investors and brokerage houses is based on investment services agreement concluded by parties. This is the usual framework for disputes between parties and the usual “landscape” for mediation on capital market.

  11. 48 CFR 1233.214 - Alternative dispute resolution (ADR).

    2010-10-01

    ... Alternative dispute resolution (ADR). (c) The Administrative Dispute Resolution Act (ADRA) of 1990, Public Law... Specialist, who is responsible for the operations of the Center for Alternative Dispute Resolution, (C-4... alternative means of dispute resolution set forth in the ADRA, 5 U.S.C. 571(3) on a non-reimbursable basis for...

  12. 48 CFR 6101.54 - Alternative dispute resolution [Rule 54].

    2010-10-01

    ... CONTRACT APPEALS, GENERAL SERVICES ADMINISTRATION CONTRACT DISPUTE CASES 6101.54 Alternative dispute resolution [Rule 54]. (a) Availability of alternative dispute resolution (ADR) procedures at the Board. The... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative dispute...

  13. Literacy, Numeracy and Alternative Dispute Resolution

    Cumming, J. Joy; Wilson, Janice M.

    2005-01-01

    The formal court system in Australia has long been criticised for its adversarial nature. As a result, there has been an increase in the use of alternative dispute resolution processes such as mediation. These are promoted as a means of increasing access to justice by disadvantaged groups and as an inexpensive way of solving legal or quasi-legal…

  14. EPA Alternative Dispute Resolution Contacts

    The success of EPA's ADR efforts depends on a network of talented and experienced professionals in Headquarters offices and EPA Regions. For Agency-wide ADR information, please contact the Conflict Prevention and Resolution Center.

  15. 48 CFR 33.214 - Alternative dispute resolution (ADR).

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Alternative dispute... GENERAL CONTRACTING REQUIREMENTS PROTESTS, DISPUTES, AND APPEALS Disputes and Appeals 33.214 Alternative dispute resolution (ADR). (a) The objective of using ADR procedures is to increase the opportunity for...

  16. 47 CFR 1.18 - Administrative Dispute Resolution.

    2010-10-01

    ... adopted an initial policy statement that supports and encourages the use of alternative dispute resolution... policy to encourage the fullest possible use of alternative dispute resolution procedures in its... provisions dealing with confidentiality, shall also be applied in Commission alternative dispute resolution...

  17. 13 CFR 134.216 - Alternative dispute resolution procedures.

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Alternative dispute resolution....216 Alternative dispute resolution procedures. At any time during the pendency of a case, the parties may submit a joint motion requesting that the Judge permit the use of alternative dispute resolution...

  18. 5 CFR 9701.705 - Alternative dispute resolution.

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Alternative dispute resolution. 9701.705... HUMAN RESOURCES MANAGEMENT SYSTEM Appeals § 9701.705 Alternative dispute resolution. The Department and OPM recognize the value of using alternative dispute resolution methods such as mediation, an...

  19. 24 CFR 7.5 - EEO Alternative Dispute Resolution Program.

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false EEO Alternative Dispute Resolution... Provisions § 7.5 EEO Alternative Dispute Resolution Program. In accordance with the Secretary's Policy Statement regarding Alternative Dispute Resolution (ADR) located on the Department's website and 29 CFR 1614...

  20. 29 CFR 1603.108 - Settlement and alternative dispute resolution.

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Settlement and alternative dispute resolution. 1603.108... Settlement and alternative dispute resolution. (a) The parties are at all times free to settle all or part of... a neutral mediator or to any other alternative dispute resolution process authorized by the...

  1. 76 FR 55136 - Implementation of the Alternative Dispute Resolution Program

    2011-09-06

    ... NUCLEAR REGULATORY COMMISSION [NRC-2011-0208] Implementation of the Alternative Dispute Resolution... stakeholders on its Alternative Dispute Resolution (ADR) Program in the Office of Enforcement (OE). The meeting... INFORMATION: I. Background Congress enacted the Administrative Dispute Resolution Act (Act) which requires...

  2. 28 CFR 36.506 - Alternative means of dispute resolution.

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Alternative means of dispute resolution... dispute resolution. Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding...

  3. 4 CFR 22.24 - Alternative Dispute Resolution [Rule 24].

    2010-01-01

    ... 4 Accounts 1 2010-01-01 2010-01-01 false Alternative Dispute Resolution [Rule 24]. 22.24 Section... GOVERNMENT ACCOUNTABILITY OFFICE CONTRACT APPEALS BOARD § 22.24 Alternative Dispute Resolution [Rule 24]. (a) Docketed appeals. The Board considers Alternative Dispute Resolution (ADR) to be an efficient way to timely...

  4. 28 CFR 35.176 - Alternative means of dispute resolution.

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Alternative means of dispute resolution... DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES Compliance Procedures § 35.176 Alternative means of dispute resolution. Where appropriate and to the extent authorized by law, the use of alternative means of dispute...

  5. 48 CFR 5433.214. - Alternative Dispute Resolution (ADR).

    2010-10-01

    ... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative Dispute Resolution (ADR). 5433.214. Section 5433.214. Federal Acquisition Regulations System DEFENSE LOGISTICS AGENCY, DEPARTMENT OF DEFENSE PROTESTS, DISPUTES AND APPEALS 5433.214. Alternative Dispute Resolution (ADR). The...

  6. 24 CFR 7.26 - EEO Alternative Dispute Resolution Program.

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false EEO Alternative Dispute Resolution...-Complaint Processing § 7.26 EEO Alternative Dispute Resolution Program. (a) The aggrieved person may elect... chosen, the EEO Counselor shall advise the aggrieved person that if the dispute is resolved during the...

  7. 20 CFR 627.805 - Alternative dispute resolution.

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Alternative dispute resolution. 627.805... Law Judges § 627.805 Alternative dispute resolution. (a) Parties to a complaint under § 627.801 of... administrative hearing before the OALJ by choosing to transfer the settlement of their dispute to an individual...

  8. 48 CFR 833.214 - Alternative dispute resolution (ADR).

    2010-10-01

    ... Alternative dispute resolution (ADR). Contracting officers and contractors are encouraged to use alternative dispute resolution (ADR) procedures. CBCA guidance on ADR may be obtained at http://www.cbca.gsa.gov. ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Alternative dispute...

  9. Disputes over science and dispute resolution approaches - A survey of Bureau of Reclamation employees

    Burkardt, Nina; Ruell, Emily W.

    2012-01-01

    Water resources in parts of the Western United States are over-allocated, which intensifies the pressure to support water management decisions with strong scientific evidence. Because scientific studies sometimes provide uncertain or competing results or recommendations, science can become a source of disputes during decision-making processes. The Bureau of Reclamation (Reclamation) is an important water manager in the Western United States, and Reclamation decision processes are often contested by a variety of affected constituencies. We conducted a Web-based survey of Reclamation employees to determine (1) which types of disputes over science are occurring and how common they are, (2) which approaches have been used by Reclamation to try to resolve these different types of disputes, (3) how useful Reclamation employees find these approaches at resolving these types of disputes, (4) the final outcomes of these disputes and the decision-making processes that were hindered by the disputes over science, and (5) the potential usefulness of several different types of dispute resolution resources that Reclamation could provide for employees that become involved in disputes over science. The calculated minimum response rate for the survey was 59 percent. Twenty-five percent of respondents indicated that they had been involved in a dispute over science while working at Reclamation. Native species and species listed under the Endangered Species Act of 1973 were the most common issue types reported in these disputes over science. Survey respondents indicated that they used a variety of approaches to resolve disputes over science and rated most approaches as either neutral or somewhat helpful in these endeavors. Future research is needed to determine whether there are additional variables underlying these disputes that were not measured in this survey that may identify when dispute resolution methods are most effective, or whether resolving aspects of these disputes, such as

  10. 13 CFR 130.630 - Dispute resolution procedures.

    2010-01-01

    ... organization has supplied the Committee with all requested documentation. (b) Programmatic (non-financial... DEVELOPMENT CENTERS § 130.630 Dispute resolution procedures. (a) Financial Disputes. (1) A recipient organization wishing to resolve a financial Dispute formally must submit a written statement describing the...

  11. Dispute Resolution in Special Education: An Introduction to Litigation Alternatives.

    Goldberg, Steven S.; Huefner, Dixie Snow

    1995-01-01

    Reviews the advantages and disadvantages of common methods of conflict resolution used in special-education disputes. Argues that "principled negotiation" has been underutilized at the early phase of special-education disputes and shows promise as a means of settling many disputes without the need for mediation or adversarial processes.…

  12. Dispute Resolution and Technology: Revisiting the Justification of Conflict Management

    Koulu, Riikka

    2016-01-01

    This study, Dispute Resolution and Technology: Revisiting the Justification of Conflict Management, belongs to the fields of procedural law, legal theory and law and technology studies. In this study the changes in dispute resolution caused by technology are evaluated. The overarching research question of this study is how does implementing technology to dispute resolution challenge the justification of law as a legitimised mode of violence? Before answering such an abstract research question...

  13. Dispute resolution by Courts and Dispute resolution in court. Partners or rivals?

    Kristin Hero

    2011-12-01

    Full Text Available This session of the workshop was dedicated to alternative dispute resolutions (ADR, which consists of dispute resolution processes and techniques through which disagreeing parties come to an agreement without having to litigate. Despite historic resistance, over the years ADR has gained widespread acceptance among both the general public and the legal profession. In the discussion there was a specific emphasis on mediation and arbitration. Kathrin Nitschmann, a lawyer and mediator from Saarbruecken, Germany, talked about “Professionalisation in mediation”. In addition to participation aspects she determined both the risks and the perspectives of professionalization in mediation. Luigi Cominelli, Assistant Professor of Sociology of Law at the University of Milan, Italy, reported on “Regulating Mediation in the EU”. He described the history of regulating mediation in the EU as well as domestic regulations since the beginning of modern mediation movement in the western world since the 1970s. Claude Witz, a French civil law professor at the University of Saarland, Germany, referred to “His experience in arbitration.” After highlighting some aspects of his experience, he pointed out the importance of arbitration in international commercial disputes. Alec Stone Sweet, Leitner Professor of Law, Politics, and International Studies, Yale Law School, United States, was reporting on “Arbitration and judicialization.” Initially, he presented arbitration as a triadic dispute resolution and then focused on judizialization in arbitration. Sir David Edward, former Judge of the Court of Justice of the European Communities and Professor Emeritus of the School of Law of the University of Edinburgh, United Kingdom, spoke about “The view of an arbitrator.” While elaborating on multiple reasons for ADR, he honed focus on mediation and arbitration. Finally Heike Jung, Professor Emeritus of Penal Law of the University of the Saarland, Germany

  14. Alternative dispute resolution: a conflict management tool in health care.

    Liberman, A; Rotarius, T M; Kendall, L

    1997-12-01

    This article focuses on methods of resolving conflict either within or between health care organizations using an alternative dispute resolution (ADR) strategy. After identifying the principal sources of contemporary disagreements within health services settings, the authors describe the basis of ADR. This is followed by a discussion of some common obstacles to settling a dispute. The principal communication guidelines and stages of a mediation session are presented. An alternative dispute resolution framework is proposed that includes an Office of Dispute Resolution (ODR). Also provided is a series of attributes that together comprise the core of mediation as a discipline.

  15. 40 CFR 22.18 - Quick resolution; settlement; alternative dispute resolution.

    2010-07-01

    ...; alternative dispute resolution. 22.18 Section 22.18 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY...; alternative dispute resolution. (a) Quick resolution. (1) A respondent may resolve the proceeding at any time... complaint. (d) Alternative means of dispute resolution. (1) The parties may engage in any process within the...

  16. The Effectiveness of Alternative IEP Dispute Resolution Practices

    Scanlon, David; Saenz, Lauren; Kelly, Michael P.

    2018-01-01

    Alternative Individualized Education Program (IEP) dispute resolution models should respond to limitations of current options. An experimental IEP dispute resolution program provides parents and schools with an evidence-supported neutral perspective on what is needed for free and appropriate education (FAPE) and least restrictive environment…

  17. Alternative Dispute Resolution in Ethiopia- A Legal Framework ...

    This article will attempt to explore the regime of Alternative Dispute Resolution in Ethiopia, its legal framework, current practices and the way forward. The implication of the need to embrace the use of Alternative Dispute Resolution by all stakeholders was also be analyzed. African Research Review Vol. 2 (2) 2008 pp. 265- ...

  18. Literacy, Numeracy and Alternative Dispute Resolution: Support Document

    Cumming, J. Joy; Wilson, Janice M.

    2005-01-01

    This document was produced by the authors based on their research for the report "Literacy, Numeracy and Alternative Dispute Resolution," and is an added resource for further information. It contains the appendices: (1) Published statistics on mediation/alternative dispute resolution in Australian courts and tribunals over the period…

  19. 5 CFR 2423.2 - Alternative Dispute Resolution (ADR) services.

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Alternative Dispute Resolution (ADR) services. 2423.2 Section 2423.2 Administrative Personnel FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL... Filing, Investigating, Resolving, and Acting on Charges § 2423.2 Alternative Dispute Resolution (ADR...

  20. Construction dispute research conceptualisation, avoidance and resolution

    2014-01-01

    There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute.  The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science.   The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ se...

  1. 14 CFR 17.33 - Election of alternative dispute resolution process.

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Election of alternative dispute resolution... TRANSPORTATION PROCEDURAL RULES PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES Alternative Dispute Resolution § 17.33 Election of alternative dispute resolution process. (a) The Office of Dispute Resolution for...

  2. DISPUTE RESOLUTION MECHANISM IN COMMERCIAL CONSTRUCTION PROJECTS: A REVIEW

    Priyanka Sakate*, Dr.Arun W. Dhawale

    2017-01-01

    The number and complexity of contract disputes have increased dramatically in recent years. At the same time, the delays and costs associated with litigation have become more significant. This section provides an overview of dispute resolution methods commonly used. The increasing trend to alternative methods of resolving disputes suggests a considerable dissatisfaction with the traditional litigation process, at least in certain types of construction cases. However, it must be emphasized tha...

  3. Alternative dispute resolution of medical-legal issues.

    Barton, H M

    1991-02-01

    Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.

  4. 45 CFR 74.91 - Alternative dispute resolution.

    2010-10-01

    ... resolution (ADR) techniques. ADR often is effective in reducing the cost, delay and contentiousness involved in appeals and other traditional ways of handling disputes. ADR techniques include mediation, neutral...

  5. 25 CFR 42.4 - What are alternative dispute resolution processes?

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false What are alternative dispute resolution processes? 42.4... What are alternative dispute resolution processes? Alternative dispute resolution (ADR) processes are... use them, contact the Office of Collaborative Action and Dispute Resolution by: (1) Sending an e-mail...

  6. 14 CFR Appendix A to Part 17 - Alternative Dispute Resolution (ADR)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Alternative Dispute Resolution (ADR) A...—Alternative Dispute Resolution (ADR) A. The FAA dispute resolution procedures encourage the parties to..., pursuant to the Administrative Dispute Resolution Act of 1996, Pub. L. 104-320, 5 U.S.C. 570-579, and...

  7. Resolution of consumer disputes through arbitration with special regard on insurance disputes

    Tomić-Petrović Nataša

    2014-01-01

    Full Text Available Efficient resolution of consumer disputes contributes to the strengthening of consumer protection. As the increasing of number of consumer contracts necessary increase consumer disputes, there is an interest in developing the Alternative Disputes Resolution. The paper is devoted to the question of arbitrability of consumer disputes. At the beginning of the paper author points out at the difference between European and American approach to the arbitration of consumer disputes. Having in mind the premise that classic (commercial arbitration is not a priori suitable on consumer disputes author advocates introduction of specific consumer arbitration. The largest part of the paper deals with the characteristics of proposed consumer arbitration in order to prevent clause of arbitration to be void as unfair contract term. It is underlined the importance of free and informed consent of consumer on arbitration clause. At the conclusion, author cites approach of European Court of Justice according to which national courts have to look after unfair character of arbitration clause contained in consumer contract ex officio.

  8. Alternative Means of Family Dispute Resolution.

    Davidson, Howard, Ed.; And Others

    Twenty-eight articles focusing on non-adversarial approaches to resolving family disputes without formal court procedures are collected in this manual. The 16 articles in the first chapter discuss aspects of divorce mediation. These are followed by six papers in the second chapter on the mediation of family conflicts involving domestic violence…

  9. 10 CFR 2.338 - Settlement of issues; alternative dispute resolution.

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Settlement of issues; alternative dispute resolution. 2... alternative dispute resolution under paragraph (b) of this section. (b) Settlement judge; alternative dispute... alternative dispute resolution as the Commission may provide or to which the parties may agree. The order...

  10. 14 CFR 17.35 - Selection of neutrals for the alternative dispute resolution process.

    2010-01-01

    ... dispute resolution process. 17.35 Section 17.35 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURAL RULES PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES Alternative Dispute Resolution § 17.35 Selection of neutrals for the alternative dispute resolution process. (a) In...

  11. Alternative Dispute Resolution : A Viable Method for Settling Government Contract Disputes

    1993-06-01

    Estoppel : Using Preclusion to Shape Procedural Choices," 63 Tulane Law Review 20, 1988. Murray, "Lawyers and Alternative Dispute Resolution Success," 14...1988. Shell, "Res Judicata and Collateral Estoppel Effects of Commercial Arbitration," 35 UCLA Law Review 623, 1988. Shell, "The Role of Public Law in

  12. ALTERNATIVE DISPUTE RESOLUTION – CREATING VALUE OUT OF CONFLICT

    ADRIANA ALMASAN

    2011-04-01

    Full Text Available The paper is deemed to present the advantages of resolving a dispute or a potential dispute throughout negotiation. This alternative of dispute resolution to legal proceedings in front of the law court may be considered as more favorable to the parties in conflict, from an economical perspective. Therefore the scope of the paper herein is eventually to establish that a conflict may generate value by negotiation. Further to the conclusion that by negotiation, a conflict may be solved more efficiently, the objectives of the paper are to identify (i the role played by the legal counsel in identifying the values thereto and (ii the mechanisms leading to such effect, as well as (iii the intrinsic connection between law and economics in an adequate approach of the negotiation throughout a commercial dispute. Not lastly, the paper has as objective identifying the key elements of a settlement agreement that are reflecting the added value.

  13. Ethiopian customary dispute resolution mechanisms: Forms of ...

    However, despite the fact that Ethiopia's indigenous knowledge base of customary justice practice has the enormous advantage of implementing the ideals of restorative justice, restorative justice has not yet taken root in the criminal justice system of Ethiopia. This article examines the legal, de jure, and factual, de facto, ...

  14. Language as an Instrument for Dispute Resolution in Modern Justice

    Drabarz Anna K.

    2017-12-01

    Full Text Available The frustration in Polish society arising from excessive costs of conducting court proceedings and lengthy delays for dispute resolution has resulted in a genuine limitation in access to judicial justice for citizens. This paper argues that the answer to the dilemma between ensuring both justice and efficiency lies in language being a tool for the active participation of the parties in building mutual trust and shaping solutions in conflictual circumstances. How should the postulate of effective communication leading to dispute resolution in modern justice be achieved? The authors present the advantages of oral communication in proceedings on the way to finding agreement, pointing out the content and quality of language that make dispute resolution possible.

  15. International Regulations Dealing with Alternative Dispute Resolution for International Commercial Disputes

    Angelica Rosu

    2009-06-01

    Full Text Available At present, no generally applied international ADR rules exist. However, manylegislative initiatives registered in time. The United Nations Commission on International TradeLaw adopted, thus, a Model Law on International Commercial Conciliation in 2002. The EuropeanUnion has also been active in the area of ADR presenting in May 2008 a Directive on CertainAspects of Mediation in Civil and Commercial Matters that represents its most important initiativesin this field. There are also various international conventions that deal with dispute resolution suchas the International Convention on the Settlement of Investment Disputes. The many legislativeinitiatives are useful, even necessary.

  16. Instituting dispute resolution procedures in the Apostolic Faith Mission in Zimbabwe church

    Norman Chivasa

    2018-01-01

    Full Text Available The need to institute dispute resolution procedures in the Apostolic Faith Mission (AFM in Zimbabwe church informs this study. Remarkably, one of the most critical problems facing the AFM in Zimbabwe church is intrachurch disputes, which manifest in diverse forms such as pastors’ transfers disputes, election disputes and pastors’ performance disputes. Such disputes have produced undesirable consequences not only for pastors but also for the wellbeing of the church in general. Intrachurch disputes require internal mechanisms to manage them so that constructive rather than destructive results are achieved. To do this, internal dispute resolution procedures become critical as they provide a framework for the constructive resolution of disputes. The lived experience of disputes in the AFM in Zimbabwe church confirms the appropriateness of systems theory, which states that social institutions are vulnerable to disharmony owing to differing interacting elements. To mitigate the negative impact associated with disputes, this study proposes the need to institute dispute resolution procedures in the AFM in Zimbabwe, because the church currently relies only on disciplinary procedures to address disputes. The study further emphasises that instituting dispute resolution procedures will help the church handle disputes from within its ranks without necessarily involving local courts, which may have negative financial and relationship implications. Finally, the study develops a model for dispute resolution procedures as an instrument that can assist local churches in AFM in Zimbabwe church to handle disputes as and when they arise.

  17. The Various forms of Alternative Dispute Resolution (ADR in International Commercial Disputes

    Angelica Rosu

    2009-06-01

    Full Text Available Alternative dispute resolution, usually referred to by the acronym ADR, is the focus ofgrowing interest in the business world, and particularly the international business world. Contractdrafters are continuously inventing new ADR procedures, most of which are derived from, or inspiredby mediation, although in fact this is only one type of alternative dispute resolution. There is no doubtthat ADR has emerged out of practice. At present, there is a very broad range of alternative means ofdispute resolution used in equally broad array of circumstances. An exhaustive list of different typesof ADR cannot be drawn because ADR lends itself to numerous derivatives consisting ofcombinations of common types. Of all the ADR types, mediation is the most traditional and the mostcentral, around which all the other derivatives gravitate.

  18. 28 CFR 100.21 - Alternative dispute resolution.

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Alternative dispute resolution. 100.21 Section 100.21 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) COST RECOVERY REGULATIONS... carrier agree to mediation, the costs of that mediation process shall be shared equally by the FBI and the...

  19. 76 FR 22848 - Alternative Dispute Resolution (ADR) and Conflict Management

    2011-04-25

    ...-AI63 Alternative Dispute Resolution (ADR) and Conflict Management AGENCY: Defense Legal Services Agency... conflict management practices as an integral part of normal business practices within the Department of...) AND CONFLICT MANAGEMENT Sec. 83.1 Purpose. 83.2 Applicability. 83.3 Definitions. 83.4 Policy. 83.5...

  20. Alternative Dispute Resolution: A Business (and) Communication Strategy.

    Netzley, Michael

    2001-01-01

    Investigates Alternative Dispute Resolution (ADR) and its potential as a topic for business communication practice and research. Explores what ADR is; how mediation and ADR are used in business; how mediation and ADR are similar to and different from negotiating; and two or three essential learning points or skills to teach business students about…

  1. Exit and Voice: Organizational Loyalty and Dispute Resolution Strategies

    Hoffmann, Elizabeth A.

    2006-01-01

    This study compares workplace dispute resolution strategies (exit, voice and toleration) in matched pairs of conventional and worker-owned cooperative organizations operating in three industries--coal mining, taxicab driving and organic food distribution. Building on Hirschman's classic exit, voice and loyalty thesis, this research demonstrates…

  2. 47 CFR 64.1703 - Dispute resolution default process.

    2010-10-01

    ... 47 Telecommunication 3 2010-10-01 2010-10-01 false Dispute resolution default process. 64.1703 Section 64.1703 Telecommunication FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) COMMON CARRIER SERVICES... recommendation(s) must be included in the final industry-wide standard or industry-wide generic requirement...

  3. Popular dispute resolution mechanisms in Ethiopia: Trends ...

    institutions to such initiatives are considered to be good opportunities for ..... where the wrongdoer is cleansed and the victim compensated; a school where ..... coexistence of multiple systems of conflict resolution and the ways of resolving.

  4. DISPUTE RESOLUTION OF FOREIGN DIRECT INVESTMENT IN CHINA

    Fiska Silvia Raden Roro

    2012-09-01

    Full Text Available Corruption activity in this modern era keeps hurting the implementation of foreign investment in Indonesia, especially for the dispute settlement aspect. Unfortunately, today, Indonesia is one of the interesting place for foreign investment destination, especially for consumer goods manufacturers. This situation happened because of Indonesia’s great resources which is totally supportive to business development activity. This article was intended to spur the development of Indonesia’s legal system, especially about foreign investment, and also to explain how the dispute resolution on foreign investment in Chinese Regime perspective, including considerations of how Chinese culture and settlement in foreign investment, methods of negotiation, mediation, arbitration. It will also be discussed how the practice of the settlement of disputes through litigation also the enforcement of foreign arbitral awards and the enforcement of a foreign court related to Chinese Regime.

  5. 75 FR 57233 - 340B Drug Pricing Program Administrative Dispute Resolution Process

    2010-09-20

    ... administrative procedures associated with alternative dispute resolution. Systems must be put in place that... that the alternative dispute resolution process would involve some type of hearing. The hearing could... available to HRSA, such as audits and alternative dispute resolution, the Affordable Care Act provides HRSA...

  6. 5 CFR 2424.10 - Collaboration and Alternative Dispute Resolution Program.

    2010-01-01

    ... Alternative Dispute Resolution; Requesting and Providing Allegations Concerning the Duty To Bargain § 2424.10 Collaboration and Alternative Dispute Resolution Program. Where an exclusive representative and an agency are... and Alternative Dispute Resolution Program (CADR). Upon request, and as agreed upon by the parties...

  7. 48 CFR 852.233-70 - Protest content/alternative dispute resolution.

    2010-10-01

    .../alternative dispute resolution. 852.233-70 Section 852.233-70 Federal Acquisition Regulations System... Provisions and Clauses § 852.233-70 Protest content/alternative dispute resolution. As prescribed in 833.106, insert the following provision: Protest Content/Alternative Dispute Resolution (JAN 2008) (a) Any protest...

  8. 25 CFR 170.934 - Are alternative dispute resolution procedures available?

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Are alternative dispute resolution procedures available... alternative dispute resolution (ADR) procedures is to provide an inexpensive and expeditious forum to resolve... (including for non-construction the mediation and alternative dispute resolution options listed in 25 U.S.C...

  9. Justice Dispensation through the Alternative Dispute Resolution System in India

    Krishna Agrawal

    2014-01-01

    Full Text Available The Law Commission of India in its 222nd report emphasized the need for Alternative Disputes Resolution (ADR for the dispensation of justice, because the courts are inaccessible owing to various factors, e.g., poverty, social and political backwardness, illiteracy, ignorance, procedural formalities and inordinate delay in judgments. During the ancient period the disputes were resolved in an informal manner by neutral third persons or people’s court in villages and it continued till the middle of the 20th century. Unfortunately, after the Independence of India in 1947, this system was dissuaded and the government permitted to continue the adversarial system of justice. In 1980, a committee was set up. It recommended Lok Adalats (People’s Courts. In 1987, the Legal Services Authorities Act was enacted. This Act obligates the states to provide free legal aid to poor persons. Besides this, the Act provides for the establishment of permanent Lok Adalats.This is one of the important modes of ADR. Lok Adalats have been established in all the districts of the country. They bring conciliatory settlement in complicated cases arising out of matrimonial, landlord-tenants, property, insurance and commercial disputes. There are four methods of ADR, viz., negotiation, mediation, conciliation and arbitration. Mediation and arbitration are widely preferred. They are alternatives to litigation. The Arbitration Act for the first time was enacted in 1889 and it was subsequently amended many times. On the objections raised by the Supreme Court of India and also on the adoption of UNCITRAL Model Law on International Commercial Arbitration, in 1996 Arbitration and Conciliation Act was enacted. This law is almost the same as is almost in all the countries.Further, the Government of India established International Centre for Alternative Disputes Resolution (CADR with the objectives of promotion, propagation, and popularizing the settlement of domestic and

  10. Book Review: Dispute Resolution and e-Discovery

    Milton Luoma

    2012-09-01

    Full Text Available Garrie, D.B., & Griver, Y.M., Eds. (2012. Dispute Resolution and e-Discovery. Thomson Reuters Westlaw, 570 pages, ISBN-13: 9780314604484, US$149.00.Reviewed by Milton Luoma, JD, (Milt.Luoma@metrostate.eduAs is apparent from its title, this book tackles two very current and difficult legal issues – electronic discovery and dispute resolution. The authors tie the two legal concepts together in an effort to provide litigants and practitioners a less expensive and less time consuming alternative than is typically the case with traditional litigation and court proceedings. By including electronic discovery in the discussions, the authors recognize the importance and significance of electronic discovery in mediation and arbitration as it is in traditional litigation.(see PDF for full review

  11. Alternative Methods of Collective Disputes Resolution in the Czech Republic

    Hamuľáková Klára

    2016-10-01

    Full Text Available On 11 June 2013, the Commission issued the Recommendation on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning the violations of rights granted under Union law. The main areas where private enforcement of rights granted under Union law in the form of collective redress is of value are consumer protection, competition, environment protection, protection of personal data, financial services legislation and protection of investments. Point 13 of the Recommendation concurrently emphasises that the principles it puts forward relate both to judicial and out-of-court collective redress. The Member States should ensure that judicial collective redress mechanisms are accompanied by appropriate means of collective alternative dispute resolution available to the parties before and throughout the litigation. Point 25 et seq. of the Recommendation then contains special regulations concerning collective alternative dispute resolution and settlements. The purpose of this article is to evaluate if the current legislation on alternative dispute resolution in the Czech Republic meets the principles encompassed in the Recommendation or if radical legal changes need to be adopted.

  12. 46 CFR 502.411 - Mediation and other alternative means of dispute resolution.

    2010-10-01

    ... 46 Shipping 9 2010-10-01 2010-10-01 false Mediation and other alternative means of dispute... PROVISIONS RULES OF PRACTICE AND PROCEDURE Alternative Dispute Resolution § 502.411 Mediation and other alternative means of dispute resolution. (a) Parties are encouraged to utilize mediation or other forms of...

  13. 48 CFR 6302.30 - Alternative dispute resolution methods (Rule 30).

    2010-10-01

    ... TRANSPORTATION BOARD OF CONTRACT APPEALS RULES OF PROCEDURE 6302.30 Alternative dispute resolution methods (Rule... Alternative Dispute Resolution (ADR): Settlement Judges and Mini-Trials. These procedures are designed to... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative dispute...

  14. Good Faith, Bad Faith? Making an Effort in Dispute Resolution

    Tania Sourdin

    2013-12-01

    Full Text Available The behaviour of those engaged in negotiation and Alternative Dispute Resolution (ADR processes that are undertaken or required before or after litigation is increasingly the subject of legislative regulation. Recent case law has also more clearly articulated the characteristics of good faith as well as other standards such as 'genuine effort' and explored to a limited extent the behavioural indicators and approaches that could be used to determine the meaning and scope of these types of concepts. Arguably, the growth in mandatory (rather than voluntary ADR may require the articulation of clearer conduct obligations as ADR participants may be disinclined to negotiate or may be relatively unsophisticated or unaware of their negotiation behaviour. This article explores the development of conduct obligations and notes that whilst the requirements need to be linked to the circumstances of each dispute, there are some clear differences in terms of how these requirements are more generally interpreted by lawyers and others.

  15. Alternative Dispute Resolution (ADR): A Different Framework for Conflict Resolution in Educational Settings.

    Turan, Selahattin; Taylor, Charles

    This paper briefly introduces alternative dispute resolution (ADR) processes and their fundamental principles. The paper provides a review of the literature on ADR and discusses its applicability in educational settings. The concept of conflict is explained, along with analysis of the limitations of traditional conflict resolution processes. The…

  16. Medical malpractice reform: the role of alternative dispute resolution.

    Sohn, David H; Bal, B Sonny

    2012-05-01

    Alternative dispute resolution (ADR) refers to techniques used to resolve conflicts without going to the courtroom. As healthcare and malpractice costs continue to rise, there is growing interest in tactics such as early apology, mediation, and arbitration in the medical arena. (1) Why is ADR needed? (2) Is ADR useful in health care? (3) What are the current legal and political developments favoring ADR? (4) What obstacles remain? We performed MEDLINE, PubMed, and Google Scholar searches with key words "medical malpractice", "ADR", and "alternative dispute resolution" to obtain public policy studies, law review articles, case analyses, ADR surveys, and healthcare review articles. Early apology and disclosure programs report 50% to 67% success in avoiding litigation as well as substantial reductions in the amount paid per claim. Mediation boasts 75% to 90% success in avoiding litigation, cost savings of $50,000 per claim, and 90% satisfaction rates among both plaintiffs and defendants. Arbitration is viewed as less satisfying and less efficient than mediation but still more time- and cost-effective than litigation. The current legal environment is favorable to ADR with recent court decisions upholding pretreatment arbitration clauses. The main obstacle to ADR is the mandatory reporting requirement of the National Practitioner Data Bank (NPDB). ADR has the potential to help reform the current tort system, reducing cost and increasing both parties' satisfaction. Easing the reporting requirements for the NPDB would lead to more widespread acceptance of ADR among physicians.

  17. An expert system to manage dispute resolutions in construction projects in Egypt

    A.A. Elziny

    2016-03-01

    Full Text Available This study attempts to shed a great deal of light on the problem of construction disputes in the Egyptian projects. This paper presents a comprehensive review of the available literature on analysis of disputes. The objective of this paper was to provide an expert system can evaluate the overall dispute settlement procedures at company’s projects. A questionnaire has been used to study dispute sources and resolution methods. Four case study applications have been provided to check the validity of the proposed system. Results confirmed that the most important source of disputes was contract management 74.04%, the second was contract documents 71.49%, the third was financial issues 67.80%, the fourth was project related issues 63.92%, and the lowest one was other sources (such as force majeure 61.58%. Finally, the expert program facilitates dispute resolution by using alternative dispute resolution methods instead of going direct to arbitration or litigation.

  18. A guide to public engagement and appropriate dispute resolution

    Jonsson, C.

    2006-10-15

    This guide was developed to help oil and gas companies operating in British Columbia to understand what tools are available to them when entering a public engagement process. It describes the BC Oil and Gas Commission's (OGC's) expectations regarding public engagement and appropriate dispute resolutions (ADR) associated with applications for oil and gas exploration, development and production in the province. The OGC's comprehensive application review process is designed to balance environmental, economic and social factors. The public engagement process is intended to allow the public to express concerns about how proposed oil and gas operations may affect them. This document also emphasized the government's responsibility to consult with First Nations on their treaty rights. The guide presented key concepts and best practices in the public engagement process and explained how to engage participants before, during and after application decisions are made. The OGC may impose conditions on the applicant to mitigate concerns of the affected public. The concerns typically range from noise of oil and gas machinery; air pollution; concern for health and safety; traffic control; water quality; and, aesthetics. A table of possible mitigative measures to these concerns was presented to demonstrate some options that may be used by industry and the affected public in resolving issues related to oil and gas activities. The OGC promotes the independent resolution of concerns. However, if conflicts exist, the OGC encourages participants to use appropriate dispute resolution (ADR) to help resolve any differences. Although participation in ADR is voluntary, its use allows affected parties to gain a sense of ownership over the proceedings and outcomes. In addition to being less costly than legal proceedings, ADR can lead to win-win outcomes, improve relationships and lead to more routine applications for oil and gas activities. refs., tabs., figs.

  19. The uses of alternative dispute resolution to resolve genetic disputes. Final report

    Stein, Robert E.

    2003-01-01

    The report sets out lessons learned while carrying out the study. It concludes that genetic disputes will increase in number and that ADR processes including mediation, arbitration, the use of independent experts and court-appointed masters can be helpful in resolving them. It suggests additional effort on bioremediation, and workplace disputes and training for ADR neutrals.

  20. 18 CFR 385.606 - Confidentiality in dispute resolution proceedings (Rule 606).

    2010-04-01

    ... be required to disclose, any information concerning any dispute resolution communication or any communication provided in confidence to the neutral, unless: (1) All participants in the dispute resolution... reducing the confidence of participants in future cases that their communications will remain confidential...

  1. 75 FR 7469 - Panel Member List for Hydropower Licensing Study Dispute Resolution; Notice Extending Filing Date...

    2010-02-19

    ... List for Hydropower Licensing Study Dispute Resolution; Notice Extending Filing Date for Applications for Panel Member List for Hydropower Licensing Study Dispute Resolution February 4, 2010. On October... on a list of resource experts willing to serve as a third panel member in the Commission's hydropower...

  2. An Overview of the Effective Use of Alternative Dispute Resolution in Education

    Fowler, Gerard A.

    2006-01-01

    This article presents a brief overview of the current forms of alternative dispute resolution available in educational settings, along with insight into their development and success. In this article, I assess the influence of early alternative dispute resolution procedures in terms of their relevance to the settlement of conflicts within schools…

  3. Supplanting the Venom of Litigation with Alternative Dispute Resolution: The Role of Counsellors and Guidance Professionals

    Udoh, Nsisong Anthony; Sanni, Kudirat Bimbo

    2015-01-01

    This literature review attempts to interface counselling with alternative legal practice. The authors proceed by contrasting the adversarial nature of litigation with the conciliatory nature of alternative dispute resolution (ADR) with a view to encouraging seekers of dispute resolution to opt for ADR in lieu of litigation. The paper discusses the…

  4. PENYELESAIAN SENGKETA BISNIS MELALUI ALTERNATIVE DISPUTE RESOLUTION (ADR

    Joko Nur Sariono

    2006-07-01

    Full Text Available ADR represent alternative of solving of extrajudical done law dispute that is passing process of negonisasi and of mediasi and of abitrase for the process of and negonisasi of mediasi represent process of is solving of dispute compromisely with result of troubleshooting with while abitrasi represent process of solving of dispute by compromise of negonisasi compete which decision have the character of final.

  5. Sociological Perspectives on Sexual Harassment and Workplace Dispute Resolution.

    Lach, Denise H.; Gwartney-Gibbs, Patricia A.

    1993-01-01

    Sexual harassment is the most visible example of workplace disputes that systematically disadvantage women. The prevalence of sexual harassment contributes to the persistence of occupational sex segregation. (SK)

  6. Study on Investor-State Dispute Settlement (‘ISDS’) and Alternatives of Dispute Resolution in International Investment Law

    Hindelang, Steffen

    aken the public concerns about current developments in the area of the European International Investment Policy, the European Parliament’s INTA Committee launched a study on Investor-State Dispute Settlement and Possible Alternatives of Dispute Resolution in International Investment Law....... In a nutshell, the study suggests that ISDS is a useful means of enforcing substantive investment protection standards contained in international investment agreements. The mechanism should therefore continue to form part of European international investment policy. However, the EU has to address four major...... challenges tied to this dispute settlement tool, i.e. (1) mitigating inconsistency, (2) securing the right balance between private and public interests, (3) establishing integrity of arbitral proceedings and (4) preventing misuse, allowing for error-correction and managing financial risk associated with ISDS...

  7. A revisit on the current practice of dispute resolution and ADR in the Malaysian construction industry

    Mohd Suhaimi Mohd Danuri

    2012-06-01

    Full Text Available The current dispute resolution procedures available in the Malaysian construction industry are mainly litigation and arbitration. In addition, the alternative dispute resolutions (ADR, namely mediation and adjudication, have also been introduced as the other methods for resolving disputes. The objective of this study is to examine the current practice of dispute resolution and ADR available in the Malaysian construction industry. The aim of this paper is two-fold: to report the current practice of dispute resolution and ADR, and identify the attributes of successful implementation of both mechanisms based on the perceptions of the Malaysian construction industry players. From the jurisprudence point of view, this study looks into the law as it is, in relation to the current practice of dispute resolution and ADR, by showing how those findings can be used to explain why improvement is needed to promote a successful and well received dispute resolution and ADR, and what lessons can be learnt, towards the formulation of a more viable methods for the Malaysian construction industry. NVivo software has been used to manage and organise the complete interview transcripts and facilitate the data analysis process for this study. Literature review reveals a continuous development of dispute resolution and ADR in the Malaysian construction industry, while, globally the industry has not only embraced ADR but also spearheaded the development of innovative forms of dispute avoidance mechanism. The findings of interviews show that locally, apart from litigation, the common types of ADR are arbitration, mediation and ad hoc mechanism. The findings also lead to the discovery of the following attributes: faster, less procedural, cost effective and enforceable; regulation and government's support; professionalism and ethic; training; and facility, that may promote a successful implementation of dispute resolution and ADR in Malaysia.

  8. developing countries and the wto dispute resolution system

    OLAWUYI

    outstanding outcomes of the Uruguay round.2 WTO principles are largely based on the ..... In practice it is the preference giving country. (usually a ... Prominent amongst them are; Pakistan, Hong Kong, Malaysia and South ..... 89 World Trade Organization – Dispute Settlement: Dispute DS308 'Mexico – Tax Measures on.

  9. Alternative Dispute Resolution in Ethiopia - A Legal Framework

    Nekky Umera

    position of usage and acceptance in its modern form. Recent ... bound to be consequences arising out of such struggles. ... though a court may order the process itself, the parties in dispute are ... wishes to recommend to solving disputes among African .... rights, actions and claims in a suit, it automatically results in the ...

  10. Alternative dispute resolution (ADR) for dentists: a better way.

    Freudman, L

    1998-06-01

    Any dentist faced with a legal or potential legal dispute should consider all the options available to handle the dispute. Selection of the appropriate process may be approached from a consumer's perspective, with the emphasis on service, value and satisfaction. Awareness of ADR and its proper utilization can assist the dentist in choosing the method that will result in the most satisfactory outcome.

  11. 41 CFR 102-38.315 - Are we required to use Alternative Disputes Resolution for sales contracts?

    2010-07-01

    ... Alternative Disputes Resolution for sales contracts? 102-38.315 Section 102-38.315 Public Contracts and... required to use Alternative Disputes Resolution for sales contracts? No, you are not required to use Alternative Disputes Resolution (ADR) for sales contracts. However, you are encouraged to use ADR procedures...

  12. 30 CFR 291.103 - May I use alternative dispute resolution to informally resolve an allegation that open and...

    2010-07-01

    ... 30 Mineral Resources 2 2010-07-01 2010-07-01 false May I use alternative dispute resolution to... alternative dispute resolution to informally resolve an allegation that open and nondiscriminatory access was... parties; (2) The Department's Office of Collaborative Action and Dispute Resolution (CADR); or (3) MMS...

  13. 78 FR 14843 - Temporary Scope Expansion of the Post-Investigation Alternative Dispute Resolution Program

    2013-03-07

    ... dialogues that can be used to assist parties in resolving disputes and potential conflicts. These techniques..., and improved relationships between the agency and the other party. On August 14, 1992 (57 FR 36678... enforcement action. In SECY-12-0161, ``Status Update, Tasks Related to Alternative Dispute Resolution in the...

  14. The role of health care ADR (alternative dispute resolution) in reducing legal fees.

    Joseph, D M

    1995-11-01

    An increasingly complex health care system undergoing rapid changes is an ideal set-up for frequent conflicts among the numerous participants. While conflict is inevitable, the manner in which it is handled can markedly affect the outcome of the dispute and the future relationship of the parties, as well as the emotional and financial cost of the dispute. This article presents an overview of the principles and processes of alternative dispute resolution (ADR), and describes how these processes are currently being used to resolve health care disputes.

  15. Resolution of Disputes Involving Variations in Estimated Quantities

    Willmore, Charles

    2000-01-01

    .... It was written by an engineering student and is not intended to be a legal reference document. Legal precedent was researched to determine the rules used by the courts to decide these disputes...

  16. ALTERNATIVE DISPUTE RESOLUTION (ADR DALAM PENYELESAIAN SENGKETA KONSUMEN

    Taufikkurrahman Taufikkurrahman

    2015-06-01

    Full Text Available Consumers often consume goods and / or services resulting in damage, pollution and the loss on himself. So that the rights and obligations himself always disproportionate (balanced. So that consumer rights are not permanently harmed by businesses or otherwise,  the Republic country of Indonesia established a law that became the basis for consumers, businesses, Non-governmental organization and the Government to take  the legal actions as a result of violations committed by parties who are not responsible responsibility. Through UU No. 8 the year 1999 on Consumer Protection became the constitutional basis for businesses and consumers, especially in solving problems (disputes that happened to himelf. Legal effort in problem solving (dispute can use the lines outside the court  (Non-Litigation and through the courts (Litigation. The lines outside the court  carried out by the Consumer Dispute Settlement Board (BPSK. BPSK in resolving disputes of consumer through mediation, arbitration or conciliation.

  17. The Mini-Trial: A Valuable Alternative Dispute Resolution Tool for the United States Navy

    Morgan, Steven

    1997-01-01

    In order to avoid unnecessary, time consuming, and costly litigation, the Department of Defense, and more specifically the United States Navy, has adopted the use of alternative dispute resolution (ADR...

  18. Confidence in Alternative Dispute Resolution: Experience from Switzerland

    Christof Schwenkel

    2014-06-01

    Full Text Available Alternative Dispute Resolution plays a crucial role in the justice system of Switzerland. With the unified Swiss Code of Civil Procedure, it is required that each litigation session shall be preceded by an attempt at conciliation before a conciliation authority. However, there has been little research on conciliation authorities and the public's perception of the authorities. This paper looks at public confidence in conciliation authorities and provides results of a survey conducted with more than 3,400 participants. This study found that public confidence in Swiss conciliation authorities is generally high, exceeds the ratings for confidence in cantonal governments and parliaments, but is lower than confidence in courts.Since the institutional models of the conciliation authorities (meaning the organization of the authorities and the selection of the conciliators differ widely between the 26 Swiss cantons, the influence of the institutional models on public confidence is analyzed. Contrary to assumptions based on New Institutional-ism approaches, this study reports that the institutional models do not impact public confidence. Also, the relationship between a participation in an election of justices of the peace or conciliators and public confidence in these authorities is found to be at most very limited (and negative. Similar to common findings on courts, the results show that general contacts with conciliation authorities decrease public confidence in these institutions whereas a positive experience with a conciliation authority leads to more confidence.The Study was completed as part of the research project 'Basic Research into Court Management in Switzerland', supported by the Swiss National Science Foundation (SNSF. Christof Schwenkel is a PhD student at the University of Lucerne and a research associate and project manager at Interface Policy Studies. A first version of this article was presented at the 2013 European Group for Public

  19. Quantitative Framework to Evaluate Alternative Dispute Resolution Investments in Architecture Engineering and Construction Projects Using Option and Real Option Theory

    Menassa, Carol Chukri

    2009-01-01

    A project-specific dispute resolution ladder (DRL) typically consists of multiple alternative dispute resolution (ADR) techniques that are chosen to assist in mitigating the impact of change orders and claims (CCO) occurring during the project construction phase, and avoid their escalation to protracted disputes that adversely affect a…

  20. Alternative Dispute Resolution as a form of protection of civil rights, freedoms and interests

    Олег Степанович Ткачук

    2016-06-01

    Full Text Available The article is devoted to the problems of alternative civil dispute resolution and understanding of this phenomenon in western legal tradition and through the national paradigm of forms of protection of civil rights, freedoms and interests. The conception of “alternative dispute resolution” was analyzed by foreign and national scholars, such as M. Cappelletti, B. Garth, F. Sander, E. I. Nosyreva, O. M. Spektor, V. V. Komarov and others. The main objective of the paper is to analyse the essence of alternative dispute resolution as an order of protection and as a form of protection of civil rights. The author delimits such categories as order of protection and form of protection. From this point of view alternative dispute resolution is considered to be an independent form of protection of civil rights, freedoms and interests as well as judicial, administrative, notarial forms of protection and the protection in European court of human rights. As a result alternative dispute resolution can be understood as a form of protection of civil rights, freedoms and interests which consists of quasi-judicial and consensual methods of resolving civil disputes, based on voluntariness of treatment of persons, who was a participators of dispute, and voluntariness of enforcement of final decision of such procedure, which thought can be enforced coercively in a simplified procedure

  1. The Dubai Approach as a New Resolution System for Islamic Finance Dispute Cases

    Kawamura, Ai

    2013-01-01

    This paper aims to clarify the new dispute resolution system for Islamic finance by examining its relationship with the conventional dispute resolution systems. Islamic finance has been developing rapidly and has expanded its presence in the Gulf region, especially in the United Arab Emirates (UAE). At the same time, special regulations and legislations were established in order to maintain the stability of this market. There have been discussions around how Islamic financial cases being hand...

  2. Reducing legal fees in medical group practices. The role of health care alternative dispute resolution.

    Joseph, D M

    1995-01-01

    Conflict is a growth industry, particularly in an increasingly complex health care system. Litigation is the most common, and most costly, method of settling health care disputes. Highly adversarial, the process of litigation often generates as much, if not more, hostility than the original dispute. In addition, satisfaction with the outcome is very low. The challenge that has arisen is to manage the conflicts so that the underlying needs and interests of all the parties can best be met. Often the techniques and processes of alternative dispute resolution (ADR) can be successfully used in resolving these sorts of conflicts quickly, cheaply and with greater satisfaction for all parties. Various applications of ADR are currently being used or tested in a variety of health care disputes in the United States and Canada. Tremendous success has been achieved in mediating medical malpractice claims, medical staff disputes, economic credentialing conflicts, insurer relations issues and denial of coverage disputes. Professional relations and departmental staff disputes, partnership and employee conflicts, and organizational disputes within clinics, HMOs and large group practices have all been found particularly amenable to ADR. These are all situations in which everyone benefits from quick, non-hostile resolutions and on-going relationships can continue.

  3. ALTERNATIVE DISPUTE RESOLUTION IN BANYUMAS REGENCY: IN THE PERSPECTIVE OF CULTURAL STUDIES

    Singkir Hudijono

    2012-11-01

    Full Text Available This study discusses about an Alternative Dispute Resolution in BanyumasRegency as a non-litigation dispute resolution. The problem observed was a breakthroughtaken by the Society in Banyumas Regency in overcoming the so far deadlock of lawenforcement and the attitude of not trusting the justice enforcement. It has been a publicsecret that the dispute resolutions employing the legal centralism paradigm have beendominated by the judicial network. This has caused the acknowledgement of the state lawto decrease, being a commodity that can be traded. The research aims at finding out anddescribing how the alternative dispute resolution (ADR emerges as an alternativemechanism in deconstructing the legal centralism; interpreting and describing what ismeant by the alternative dispute resolution (ADR in the development of progressive law.This research was conducted employing qualitative method. In this context, theresearcher explored various pieces of related information with the reason that the societyin Banyumas Regency has chosen the alternative dispute resolution mechanism as themechanism in deconstructing the legal centralism. The research was conducted asfollows: the problems were identified, the theories for analyzing the data were selected,the primary and secondary data were collected, the collected data were analyzed andinterpreted, and finally, the results of the research were written and constructed. Thetheories employed were critical legal studies, deconstruction, and large narration criticismtheories.The results of the research show that: firstly, the alternative dispute resolution hasemerged because of the awakened local knowledge, as the form of anticipation to theineffective formal law domination. With regard to the effect of global intercourse, thealternative dispute resolution has emerged because of the refusal against the culturalhomogeneity. Secondly, the implementation of the alternative dispute resolution hasbecome the preferred

  4. FORMS AND MECHANISMS OF LAW DISPUTE RESOLUTION USING THE PRINCIPLE OF PANCASILA BASED ON LOCAL WISDOM

    Muhammad Taufiq

    2016-01-01

    Full Text Available Dispute resolution in the society should be solve by the value of local wisdom. Substantially, the value of local wisdom in Banyumas have synergy with the principle of Pancasila as the source of all law source. This study uses qualitative descriptive study specifications. The test method is done by triangulation of data sources and data were analyzed using content analysis method by way of presenting data in the form of narrative text. The result is there are four types of local wisdom Banyumas which is a resource for the settlement of legal disputes that occur in society that is the tradition cablaka/ blakasutha/ thokmelong, egalitarian, rembugan traditions, and Ponco Waliko principles. While the forms of alternative dispute resolution is to use models Judge Partikulir, mediation lines, and Settlement Conference. The mechanism is made through rembugan process, the use of a mediator, the institutionalization of dispute resolution, and the execution of the verdict.

  5. AWARENESS ABOUT MEDIATION AS AN ALTERNATIVE FORM OF DISPUTE RESOLUTION: PRACTICES IN THE REPUBLIC OF MACEDONIA

    Aleksandra Stoilkovska

    2015-06-01

    Full Text Available Disputes resolved with the use of mediation as a form of dispute resolution are rare (or at striking level in the practice in our country. In order to increase the number of disputes that were successfully completed based on mediation, it is necessary for the people to know about the alternative forms of resolving litigation. The lack of information contributes to the lack of trust in any resolution of the dispute except in the court. There is also the positive practice of resolving disputes through mediation macular placed in public. This Paper treats the action research which aims to connect the people awareness of mediation as a form of negotiation through which can quickly and easily, without major financial implications, to resolve any dispute. This paper is based on a survey with the members of Chamber of Mediators of the Republic of Macedonia. These results clearly confirm the lack of information among the local population about the forms of dispute resolution that are available and the benefits they offer. 

  6. Workplace conflict resolution in Wales: The unexpected prevalence of alternative dispute resolution

    Hann, Deborah Jane; Nash, David Roger; Heery, Edmund

    2016-01-01

    Alternative dispute resolution (ADR) practices are increasingly being viewed as an improved way\\ud of resolving workplace conflict. Much of the empirical literature focuses on the spread of ADR\\ud amongst US organizations with little evidence of such approaches having crossed the Atlantic.\\ud This article presents new survey evidence that examines the extent to which ADR has been\\ud adopted as a strategy to resolve different forms of conflict by Welsh firms in the UK. The factors\\ud that impa...

  7. National Dispute Resolution Chamber – Alternative Method of Conflict Resolution on Soccer

    Amilar Fernandes Alves

    2016-12-01

    Full Text Available The soccer is still under studied and discussed in academic area, even though it has many mecanisms and singularities. One of the most recent mecanisms created is the National Dispute Resolution Chamber, sort of arbitration chamber created by CBF to solve all kind of conflicts. The NDRC has some particularities and conflicts with the national legal system, but it might be a faster and consensual way to solve the problems. Therefore we present the postive and negative points of the NDRC, make observations of its effects on the Justice and conclude indicating the posible alternatives.

  8. Autonomy and Authority in the Resolution of Sibling Disputes.

    Ross, Hildy; And Others

    1996-01-01

    Investigates parental intervention in sibling disputes to reveal how different developmental models inform us about the role of social conflict in early development. Examines predictions made by Piagetian, socialization, and conflict-mediation models regarding the role of adults in children's conflicts, as they are applied to a series of studies…

  9. 47 CFR 76.975 - Commercial leased access dispute resolution.

    2010-10-01

    ... declaration and the party submitting the protected material. The Commission has full authority to fashion... leased access complaint within 90 days of the close of the pleading cycle. (2) The Media Bureau, after... the proposals or choose to fashion its own remedy. (i) During the pendency of a dispute, a party...

  10. Quantitative Research: A Dispute Resolution Model for FTC Advertising Regulation.

    Richards, Jef I.; Preston, Ivan L.

    Noting the lack of a dispute mechanism for determining whether an advertising practice is truly deceptive without generating the costs and negative publicity produced by traditional Federal Trade Commission (FTC) procedures, this paper proposes a model based upon early termination of the issues through jointly commissioned behavioral research. The…

  11. Health care litigation: the arbitration alternative for dispute resolution.

    Cole, C A

    1989-01-01

    This is the second in a series of articles on health care litigation. This article focuses on the benefits of arbitration as an alternative dispute mechanism for health care providers. The use of arbitration offers speed and economy to the parties. For the health care provider, arbitration can reduce litigation expense and the likelihood of "runaway" jury verdicts.

  12. Optional IDEA Alternative Dispute Resolution. inForum

    Henderson, Kelly

    2008-01-01

    Though most interactions between parents and school personnel about students with disabilities are positive and productive, disagreements can arise. Disputes may range in intensity from minor miscommunications to significant conflicts that trigger the use of procedural safeguards available under federal law. The Individuals with Disabilities…

  13. Alternative dispute resolution: methods to address workplace conflict in health services organizations.

    DeSouza, J R

    1998-01-01

    As healthcare organizations become increasingly complex, healthcare administrators and human resource managers face the cost and challenges of employment-related disputes. Litigation and legal costs associated with employment disputes are escalating at a significant rate. Additionally, litigation procedures are drawn out and damage the employer-employee relationship. Alternative dispute resolution (ADR) programs such as mediation and arbitration alleviate the burden of litigation and preserve positive employment relationships between the organization and its employees. A proposed ADR program is presented is a guideline for health services organizations considering the adoption of such programs.

  14. Alternative Dispute Resolution in Special Education: A View from the Field

    Hazelkorn, Michael; Packard, Abbot L.; Douvanis, Gus

    2008-01-01

    Mediation was required by the Individuals With Disabilities Education (IDEA) 1997, and resolution sessions were added to the IDEA 2004. This study examines the perceptions of 260 special education directors in Georgia, Massachusetts, Washington, and Wisconsin to determine their perceptions regarding alternative dispute resolutions in which they…

  15. Intrinsic Factors Influencing Decision making of Arbitrators in Dispute Resolution of variation Claims

    Iyer, K. C.; Chaphalkar, N. B.; Patil, Smita K.

    2018-06-01

    Occurrence of disputes is a common feature in construction contracts. Adjudication of disputes through the arbitration process involves detailed and through analysis of facts and evidences related to the case before arriving at the final decision. These facts and evidences have been explored by researchers to develop dispute resolution mechanisms. As a part of the research, the present work identifies the factors which influence the decision making of arbitrators in resolving disputes through a case study of 72 arbitration awards and settled court cases related to Indian construction contracts. This work further seeks consensus for the identified factors from experts and also ranks the factors based on their importance with the help of the responses obtained through a questionnaire survey and statistical tests.

  16. Islamic Banking in Malaysia: Arbitration Resolution of Financial Disputes and Obstacles to its Spread

    Elena V. Sitkareva

    2017-01-01

    Full Text Available Purpose: the article examines the main problems associated with the extension of arbitration of domestic and international Islamic financial disputes in Malaysia. These include the specific features of the legal regulation of Malaysia, excluding the resolution of certain categories of cases by way of arbitration, and the lack of legal certainty in the submission of cross-border contracts in the field of Islamic banking to Sharia law.To achieve this goal in the article you must accomplish the following tasks: to determine whether there are institutions in Malaysia providing arbitration services for disputes in the field of Islamic banking; investigate the reasons for the unwillingness of the parties to a financial dispute to transfer it to arbitration; to identify the main problems of transferring a cross-border financial dispute to international arbitration; to study the practice of international arbitration on this issue.Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia.Results: currently the popularization of arbitration permits for domestic and international financial disputes in Malaysia faces difficulties due to both internal reasons and the traditional approach of Islamic banks to include in contracts the reservation of subordination of the provisions of the contract to the law of England or the United States in conjunction with the reservation clause financial disputes in the courts and arbitration of these states. Nevertheless, one can assume with great confidence that, following the development of Islamic banking, so-called Islamic arbitration will spread in Malaysia.Conclusions and Relevance: the materials outlined in the article show the special role of arbitration in resolving domestic and international disputes in the field of Islamic banking. Practical application of its results

  17. THE DISPUTE RESOLUTION MODEL OF VILLAGE HEAD ELECTION THROUGH NON LITIGATION

    Sri Praptianingsih

    2017-06-01

    Full Text Available Article Number 6 of 2014 clauses 37 verses (5 and (6 provides that the regent in the district must resolve the dispute over the election result of the village head within 30 days. At the district level, the Regional Regulations governing the settlement of village head election disputes and regulations are effective in the dispute profession.However, the laws and regulations at the local / district level have not yet clearly defined the form / format of the outcome of the dispute over the election of the village mayors. The specific purpose of this research is to formulate the model form in the effort to solve the disputes of Village mayors Election by doing syncretism of existing strategy. The Urgency of this research that is (a need to build juridical system in handling dispute of village head election; (b the synchronization of district regulations governing the handling of village head election disputes both vertically and horizontally (c needs a dispute resolution strategy by developing a model of settlement that provides protection of constitutional rights and ensures that government agenda.Research activities in Jember, Bondowoso and Lumajang districts, with a total sample of 150 people. Data collection techniques use Participatory Action Research (PAR and Focus Group Discussion (FGD methods. The Data analysis technique using qualitative analysis.The result of this research is the policy of settlement of disputes of village head election is set forth in juridical instrument at local level, result of settlement stated in peace agreement.This Agreement is then submitted to the Court for the issuance of the Deed of Peace in order to ensure the validity of the legal force for the parties.

  18. Best Technology Practices of Conflict Resolution Specialists: A Case Study of Online Dispute Resolution at United States Universities

    Law, Kimberli Marie

    2013-01-01

    The purpose of this study was to remedy the paucity of knowledge about higher education's conflict resolution practice of online dispute resolution by providing an in-depth description of mediator and instructor online practices. Telephone interviews were used as the primary data collection method. Eleven interview questions were relied upon to…

  19. A survey of Bureau of Land Management employees on collaboration and alternative dispute resolution

    Ruell, Emily W.; Burkardt, Nina; Donovan, Ryan M.

    2015-01-01

    The Bureau of Land Management (BLM) has been actively expanding its capacity to work cooperatively with other agencies, Tribes, the public, and other stakeholders using collaborative and alternative dispute resolution (ADR) approaches. In 1997, the BLM created the BLM’s Collaboration and Alternative Dispute Resolution Program (Collaboration/ADR Program) to centralize, strengthen, and coordinate these efforts. Specifically, the Collaboration/ADR Program is charged with developing ADR policies; ensuring that statutory and regulatory requirements are met; and providing training, resources, and direct support for collaboration and ADR in the BLM. At the request of the Collaboration/ADR Program, the Policy Analysis and Science Assistance Branch of the U.S. Geological Survey, located in the Fort Collins Science Center, conducted an online survey of BLM employees in early 2013 to address four overarching questions: What information sources and assistance resources are BLM employees currently accessing to fill their conflict/dispute resolution and collaboration needs? 

  20. Can Artificial Intelligence and Online Dispute Resolution enhance efficiency and effectiveness in Courts

    John Zeleznikow

    2017-05-01

    Full Text Available The growing rise in the number of self-represented litigants has negative implications for both the court system and access to justice. The expanding use of Artificial Intelligence and the World Wide Web has led to the development and use of Online Dispute Resolution. In this article we investigate a number of systems in Australian Family Law that enhance Alternative Dispute Resolution and Access to Justice. We discuss how a hybrid system that incorporates advice about BATNAs and potential trade-offs as well as allowing online communication can enhance access to justice.

  1. Use of alternative dispute resolution--HHS. Notice of interim policy.

    1992-10-27

    The Department has developed an interim policy to address the use of alternative dispute resolution (ADR) as required by the Administrative Dispute Resolution Act (ADR Act), Public Law No. 101-552. This interim policy also responds to the Negotiated Rulemaking Act, Public Law No. 101-648, and relevant elements of the Executive Order on Civil Justice Reform (E.O. 12778). The Department is adopting an interim policy because we need a baseline of experience and knowledge from our own pilot activities and those of other agencies before finalizing a policy.

  2. Improvement of national legislation in alternative resolution of legal disputes area

    Ярослав Павлович Любченко

    2016-01-01

    Full Text Available Problem setting. Current legislation does not adequately regulate using of alternative dispute resolution. The article emphasizes the need for amending existing legislation to ensure its compliance with international standards, its obligations in connection with the signing of the Association Agreement and ensure efficient use of alternative dispute resolution (hereinafter - ADR party relations. Recent research and publications analysis. Problems of alternative dispute resolution were viewed in their works viewed N. Bondarenko-Zelinska, Y. Pritika, O. Spectr, A. Shypilova, V. Yakovleva and others. Paper objective The article goal is to analyze the proposals of the Constitutional Commission in the field of justice, as well as analysis of bills related to ADR, research of problems of legal regulation, which will help optimize procedures and improve the law in general. The paper main body. Realization of economic, political, governmental, legal and other reforms in society lead to a significant strengthening of social and legal tensions, the emergence of a large number of conflicts in the legal field. Traditionally, parties use courts that are organized and funded by the state in order to protect rights and legal interests. However, justice for many obvious advantages has several disadvantages: a large workload of courts, length and complexity of the proceedings, considerable legal costs not properly worked out mechanism of the principle of competition and equality. Conclusions of the research. Problems of alternative dispute resolution in domestic legal literature are mostly synthesis and theoretical. Various alternative forms, procedures, and methods are used by foreign countries, along with the traditional proceedings. They do not replace justice and do not deprive the persons right for judicial protection. Instead, give them a choice between public or non-governmental (private forms of resolving legal disputes, allowing parties to decide which

  3. Consumer dispute resolution goes online: reflections on the evolution of European law for out-of-court redress

    Cortés, P.; Lodder, A.R.

    2014-01-01

    In this paper we discuss if and to what extent the 2013 EU Regulation on consumer online dispute resolution (ODR) in tandem with the EU Directive on consumer alternative dispute resolution (ADR) is likely to finally fulfil the opportunities that policy makers and academics have announced for many

  4. 78 FR 16849 - Alaska Energy Authority; Notice of Dispute Resolution Panel Meeting and Technical Conference

    2013-03-19

    ... DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14241-000] Alaska Energy Authority; Notice of Dispute Resolution Panel Meeting and Technical Conference On March 8, 2013, Commission staff, in response to the filing of a notice of [[Page 16850

  5. Escalation and Resolution of Border Disputes and Interstate Conflicts in Africa: The Malawi-Tanzania Case

    2011-06-01

    William Shakespeare , The Merchant of Venice A. INTRODUCTION Nations go to war for several reasons, among them disputes over interstate boundaries...PAGE INTENTIONALLY LEFT BLANK vii TABLE OF CONTENTS I. INTRODUCTION ...6 II. CONCEPTUALIZING BORDER CONFLICT RESOLUTION ............................7 A. INTRODUCTION

  6. 75 FR 8697 - Notice of Availability of Class Deviation; Disputes Resolution Procedures Related to Clean Water...

    2010-02-25

    ... ENVIRONMENTAL PROTECTION AGENCY [FRL-9115-1] Notice of Availability of Class Deviation; Disputes Resolution Procedures Related to Clean Water and Drinking Water State Revolving Fund (CWSRF and DWSRF...: Environmental Protection Agency (EPA). ACTION: Notice of availability. SUMMARY: This document provides notice of...

  7. Using Process Observation to Teach Alternative Dispute Resolution: Alternatives to Simulation.

    Bush, Robert A. Barush

    1987-01-01

    A method of teaching alternative dispute resolution (ADR) involves sending students to observe actual ADR sessions, by agreement with the agencies conducting them, and then analyzing the students' observations in focused discussions to improve student insight and understanding of the processes involved. (MSE)

  8. Mediation and Other Alternative Dispute Resolution Procedures in Special Education. Final Report.

    Schrag, Judy A.

    This report discusses the use of mediation and alternative dispute resolution approaches in special education disagreements between the school and the parents of a child with a disability. The procedural safeguards and due process provisions of the Individuals with Disabilities Education Act (IDEA) are explained. The report notes alternative…

  9. Schools versus Students' Rights: Can Alternative Dispute Resolution Build a Community.

    Goldberg, Steven S.

    1995-01-01

    Schools' regulation by external forces has rendered the education process secondary to avoidance of litigation. Alternative dispute resolution (ADR) provides an answer to the adversarial process currently in place within education. ADR offers negotiation and mediation as methods to resolve conflict, avoid litigation, and increase the likelihood of…

  10. The Political Construction of Alternative Dispute Resolution and Alternatives to Incarceration.

    Palumbo, Dennis J.; And Others

    1994-01-01

    This discussion of evaluations of mediation programs at seven sites and of shock incarceration and home arrest focuses on the similarities in the interpretations of alternative dispute-resolution programs to interpretations of alternatives to incarceration programs. The political construction of the two approaches, which are both designed to…

  11. DESIGNING CULTURALLY CONSCIOUS ALTERNATIVE DISPUTE RESOLUTION TO FOSTER ASIAN ECONOMIC DEVELOPMENT

    Mrs. Herliana

    2011-06-01

    Full Text Available Creating an Asian model of alternative dispute resolution which considers Asian cultures is important. A mere adoption of western standard will less likely accommodate Asian’s unique way of handling disputes. Culture-related problems can be avoided if international commercial mediation or arbitration is tuned in to cultural needs and expectations. Penyusunan model alternatif penyelesaian sengketa gaya Asia yang mengakomodasi budaya setempat penting untuk dilakukan. Penerapan standar barat tidak selamanya cocok dengan cara unik orang Asia dalam memandang suatu sengketa. Konflik kultural dapat dihindari apabila mediasi atau arbitrase bisnis internasional disesuaikan dengan kebutuhan budaya setempat.

  12. Application of alternative dispute resolution in the field of construction projects

    Yaskova, Natalia; Zaitseva, Larisa

    2017-10-01

    The article deals with the features of the Russian Federation legal system that do not allow to fully bring into effect the potential of the out-of-court dispute resolution due to the specific nature of contracts and subject composition of legal relations, especially in the field of construction projects. Examples of these methods are analyzed on the basis of the experience of foreign countries, suggestions for their development are stated, and types of disputes are studied, within which abuse of rights in contractual obligations is possible.

  13. American Academy of Pediatrics: Technical report: Alternative dispute resolution in medical malpractice.

    Fraser, J J

    2001-03-01

    The purpose of this technical report is to provide pediatricians with an understanding of past crises within the professional liability insurance industry, the difficulties of the tort system, and alternative strategies for resolving malpractice disputes that have been applied to medical malpractice actions. Through this report, pediatricians will gain a technical understanding of common alternative dispute resolution (ADR) strategies. The report explains the distinctions between various ADR methods in terms of process and outcome, risks and benefits, appropriateness to the nature of the dispute, and long-term ramifications. By knowing these concepts, pediatricians faced with malpractice claims will be better-equipped to participate in the decision-making with legal counsel on whether to settle, litigate, or explore ADR options.

  14. Prison mediation as alternative dispute resolution between domestic prisons

    Enrique Pastor Seller

    2013-12-01

    Full Text Available Mediation is a method penitentiary peaceful resolution of internal conflicts based on dialogue and respect, allowing those involved to take responsibility for their behavior, the role in the process and the peaceful resolution of the conflict itself. The research center aims to demonstrate the viability of mediation in prisons for the alternative resolution of interpersonal conflicts among inmates. To do so, first, we analyze the institutional and legal mechanisms for resolving interpersonal conflicts in Spanish prisons. It then proceeds to characterize the prison population from a comparative analysis, identifying, likewise, services and / or existing mediation projects and, finally, discusses, from its participants, conflicts and feasibility of using mediation in Specifically a Penitentiary. For the realization of the research have been used primary and secondary sources, with both quantitative and qualitative. The results of the investigation confirm that mediation is feasible and effective in the prison setting. Normal 0 21 false false false ES X-NONE X-NONE

  15. The Restorative Role of Apology in Resolving Medical Disputes: Lessons From Chinese Legal Culture.

    Lin, Nuannuan

    2015-12-01

    This article is the first exploration of the Chinese notion of apology from a comparative legal perspective. By reviewing the significance of apology in the context of Chinese culture, the article presents a three-dimensional structure of apology that, in contrast to the understanding the research community now has, defines acknowledgement of fault, admission of responsibility, and offer of reparation as three essential elements of an apology. It is the combination of these three elements that enables apology to serve as a form of reparation. The article further places the three-dimensional apology in the context of the Chinese concept of "the relations of humanity," arguing that an apology accompanying admission of fault and responsibility may help to restore the harmony of relations and, by so doing, resolve medical disputes positively.

  16. International standardization of arbitration as an alternate dispute resolution forum and its acceptance in India

    Harsh Pathak

    2016-10-01

    Full Text Available With trade and commerce increasing rapidly between nations, there has been a significant rise in disputes, leading to an urgent need for an effective and unified dispute resolution system which can sufficiently settle disagreements/issues among parties in dispute and which has to be arrived at keeping in mind the differences in laws of every nation, hence, immensely increasing the scope of private international law, or conflict of laws as called by different nations. Such urgency led to many conventions, one of most important being The New York Convention of 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the UNCITRAL Model Law promulgated in 1985 and amended as recently as 2006 which has been the source for International Arbitration, the most widely used dispute resolution method for international commercial trade and transactions and many countries like India have also based their legislations on the rules of the UNCITRAL Model Law. Most European countries as well as India have ratified the New York Convention of 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards for the purposes of International trade and commercial transactions therefore opening the gateway for international commercial transactions to take place among such convention countries easier. Further, the judiciary of concerned countries has also affirmed such ratification and the applicability of the Model Law laid down.

  17. Dispute resolution in the nuclear waste repository program

    Creighton, J.L.; Shorett, A.J.

    1988-01-01

    During 1987 a seven-person team addressed just that question for the State of Washington, as part of the studies of the socioeconomic impacts of a possible nuclear waste repository site at the Hanford site. The authors were, respectively, the Mitigation/Compensation team leader and the conflict resolution specialist within the team. While the studies were terminated when Congress selected the Nevada site, the conclusions may still have value for the State of Nevada, or for other controversial federal projects

  18. Administrative Aspects of Alternative Consumer Dispute Resolution in the European Union (EU, Slovenia and Croatia

    Jeretina Urša

    2016-06-01

    Full Text Available The consumer field is widespread and often encompasses different legal fields on a single market, especially when it comes to the field of consumer protection. In fact, the consumer mostly remains a weaker party in resolving consumer disputes, especially in administrative proceedings. Traditional court proceedings do not always offer the most cost-appropriate way of resolving consumer disputes, because the damage with legal costs is disproportionate, especially in Small Claims (20 EUR. In theory, Alternative Dispute Resolution (hereinafter: ADR is considered more flexible, faster and cheaper for disputes between consumers and businesses. Insofar, Consumer ADR (hereinafter: CADR is seen as a useful tool that helps consumers realize their right of access to justice. It is argued that CADR systems provide valuable information on the needs of disputants, while preserving confidentiality, increasing consumer satisfaction, equality and grater trust. While CADR is praised in theory as an added value, in practice it still remains unrecognizable and therefore is seen as an ineffective formalism in some EU countries. It seems that consumers and businesses lack awareness of the CADR schemes and their benefits, which have effects on the efficient use of CADR in different public and private institutions. The focus of this paper is on the field of Public Administrative Law, which, through different approaches of scientific analysis, combines the main administrative aspects of CADR systems in the EU. Special attention is given to different administrative barriers in the development of various CADR schemes, which cause the formation of administrative dilemmas in some Member states. The new EU legal regulation on Consumer ADR, Online Dispute Resolution (ODR and EU Administrative law have set flexible rules and principles that would assure the quality of dispute resolution between EU entities with private or public interests. Similarities in proposed principles

  19. 76 FR 59682 - Erie Boulevard Hydropower L.P.; Notice of Dispute Resolution Panel Meeting and Technical Conference

    2011-09-27

    ... DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 7518-012] Erie Boulevard Hydropower L.P.; Notice of Dispute Resolution Panel Meeting and Technical Conference On September 16, 2011, Commission staff, in response to the filing of notice of study dispute by the New York State Department of...

  20. Alternative dispute resolution and the physician--the use of mediation to resolve hospital-medical staff conflicts.

    Hall, J L; Stong, R A

    1993-01-01

    The use of adversarial methods to resolve disputes arising out of medical staff matters can be time-consuming, costly, and disruptive to the hospital-medical staff relationship. As this article suggests, mediation is the preferred method of alternative dispute resolution for reaching mutually acceptable solutions with minimal harm to relationships.

  1. From Conciliation to Mediation in Family Disputes-Harmonization of Croatian Family Legislation on Peaceful Resolution of Family Disputes with EU law

    Paula Poretti

    2015-01-01

    Full Text Available The reform process of family law was initiated with one aim to promote protection of family and children and harmonize Croatian law with European and international standards in this field. In this respect, the intervention institute governed by Croatian family law with the purpose to facilitate reconciliation or in cases where reconciliation between spouses is not achieved, to provide information regarding legal consequences of divorce and possibly to achieve agreement between spouses as for their relationship in future was deemed inadequate in regards to the approach provided by European documents on regulation of peaceful resolution of family disputes. Under the influence thereof, new family legislation redefines intervention and introduces mandatory counselling and family mediation as foundations of the system of alternative dispute resolution of all family disputes in Croatian law.

  2. Online dispute resolution and models of relational law and justice: a table of ethical principles

    Casanovas, Pompeu

    2014-01-01

    Regulatory systems constitute a set of coordinated complex behavior (individual and collective) which can be grasped through rules, values and principles that constitute the social framework of the law. Relational law, relational justice and the design of regulatory models can be linked to emergent agreement technologies and new versions of Online Dispute Resolution (ODR) and Negotiation Support Systems (NSS). We define the notions of public space and information principles, extending the con...

  3. Foreign-Related Commercial Dispute Resolution in China: a focus on litigation and arbitration

    Yuan, Bo

    2017-01-01

    markdownabstractThe significant increase of foreign investment and trade is an important impetus for China’s economic development after the 1978 reform. The prosperity of foreign investment and trade brings both opportunities and challenges: accompanied by the increasing investment and trade opportunities is the rise in the number of commercial disputes between foreign businessmen and their Chinese partners. Facing the challenges, China adopts a dual legal system in which the resolution of do...

  4. Reframing Resolution - Managing Conflict and Resolving Individual Employment Disputes in the Contemporary Workplace

    Saundry, Richard Arthur; Latreille, Paul; Dickens, Linda; Irvine, Charlie; Teague, Paul; Urwin, Peter; Wibberley, Gemma

    2014-01-01

    The resolution of individual workplace conflict has assumed an increasingly important place in policy debates over contemporary work and employment. This is in part due to the decline in collective industrial action and the parallel rise in the volume of employment tribunal applications. It reflects a growing concern over the\\ud implications of individual employment disputes for those involved but has perhaps been driven by concerns over the cost of litigation and the perceived burden that th...

  5. Alternative dispute resolution programs in health care: a study of organizational utilization.

    Rotarius, T M; Liberman, A; Osterman, K C; Putnam, P

    1999-03-01

    The hyperturbulence in today's health care environment acts as a primer that escalates the frequency and severity of business conflicts. Several alternative dispute resolution (ADR) programs are described, with ADR suggested as a viable approach in assisting organizations in resolving conflicts. The data indicate that all of the health care organizations surveyed utilize some form of ADR to resolve conflict. The most common conflict resolution objective found is win/win, and respondents felt that ADR effectively met intended objectives. While the data gathered for this study are from a limited geographic region in Central Florida, the results can likely be generalized to many socially and ethnically diverse regions of the country.

  6. PREPARING SOCIAL WORKERS FOR ALTERNATIVE DISPUTE RESOLUTION IN CARE AND PROTECTION CASES

    Matthias, Carmel

    2014-11-01

    Full Text Available The Children’s Act 38 of 2005 contains provisions enabling utilisation of alternative dispute resolution (ADR in cases involving children. This article focuses on the specialised training required to prepare social workers to be effective ADR practitioners. By drawing on comparative data, the article demonstrates that it is essential for social workers to receive such training in South Africa. The nature of the training that would be required to empower South African social workers to be effective ADR facilitators in care and protection cases is explored. Proposals for a South African training programme are put forward.

  7. Health care alliances and alternative dispute resolution: managing trust and conflict.

    Rotarius, T; Liberman, A

    2000-03-01

    The U.S. health care industry has entered an unprecedented era of alliance activity. These alliances involve medical groups and hospitals, as well as many of the newer health care entities such as managed care organizations and integrated delivery systems. The increase in organizational collaboration has resulted in an increase in organizational conflict. Alternative dispute resolution (ADR) techniques can serve as a valuable tool for mitigating this type of conflict. The role of ADR is to refocus partners' attentions away from an adversarial posture and toward a complementary existence. This will permit the partners to realize the intended outcomes of the collaboration.

  8. 25 CFR 1000.429 - What statutes and regulations govern resolution of disputes concerning signed AFAs or compacts...

    2010-04-01

    ... UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT Appeals § 1000.429 What statutes and regulations govern resolution of disputes concerning signed AFAs or... 25 Indians 2 2010-04-01 2010-04-01 false What statutes and regulations govern resolution of...

  9. 20 CFR 667.840 - Is there an alternative dispute resolution process that may be used in place of an OALJ hearing?

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Is there an alternative dispute resolution... WORKFORCE INVESTMENT ACT Administrative Adjudication and Judicial Review § 667.840 Is there an alternative dispute resolution process that may be used in place of an OALJ hearing? (a) Parties to a complaint which...

  10. 20 CFR 641.930 - Is there an alternative dispute resolution process that may be used in place of an OALJ hearing?

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Is there an alternative dispute resolution... EMPLOYMENT PROGRAM Grievance Procedures and Appeals Process § 641.930 Is there an alternative dispute resolution process that may be used in place of an OALJ hearing? (a) Parties to a complaint that has been...

  11. 77 FR 67348 - Privacy Act of 1974; System of Records-Alternative Dispute Resolution (ADR) Center Case Tracking...

    2012-11-09

    ....S.C. 791 et seq.; the Equal Pay Act, 29 U.S.C. 206(d); the Genetic Information Nondiscrimination Act... DEPARTMENT OF EDUCATION Privacy Act of 1974; System of Records--Alternative Dispute Resolution... with the Privacy Act of 1974, as amended, 5 U.S.C. 552a (Privacy Act), the Department of Education...

  12. 25 CFR 170.935 - How does a direct service tribe begin the alternative dispute resolution process?

    2010-04-01

    ....935 How does a direct service tribe begin the alternative dispute resolution process? (a) To begin the ADR process, a direct service tribe must write to the BIA Regional Director or the Chief of BIA... 25 Indians 1 2010-04-01 2010-04-01 false How does a direct service tribe begin the alternative...

  13. 31 CFR 560.510 - Transactions related to the resolution of disputes between the United States or United States...

    2010-07-01

    ... Government of Iran of any goods, technology, or services, except to the extent that such exportation or... States Government and the granting of such a license by that agency would be prohibited by law; (3) Financial transactions related to the resolution of disputes at tribunals, including transactions related to...

  14. COLLABORATIVE (PARTNERSHIP AS A FORM OF "RESTORATIVE JUSTICE" IN CONFLICT RESOLUTION FOREST RESOURCES MANAGEMENT

    Agus Surono

    2017-02-01

    Full Text Available Conflict management of forest resources among communities around forest areas often occur in various regions, particularly in some national parks and forest management as Perhutani in Java and Inhutani outside Java. These conflicts indicate the forest resources management has not effectively made a positive impact in improving communities welfare around forest areas. Although the provisions of Article 3 in conjunction with Article 68 of Law No. 41 of 1999 on Forestry, provide the basis for communities around the forest rights of forest areas, but in reality there are still people around forest areas that do not enjoy such rights and it is this which often leads to conflicts in the management of forest resources. In the event of conflict, the solution can be done collaboratively (partnership which is one form of restorative justice is an alternative dispute resolution (ADR. Keywords: collaborative, conflict, restorative justice, forest resources.

  15. Power asymmetry in conflict resolution with application to a water pollution dispute in China

    Yu, Jing; Kilgour, D. Marc; Hipel, Keith W.; Zhao, Min

    2015-10-01

    The concept of power asymmetry is incorporated into the framework of the Graph Model for Conflict Resolution (GMCR) and then applied to a water pollution dispute in China in order to show how it can provide strategic insights into courses of action. In a new definition of power asymmetry, one of the decision makers (DMs) in a conflict can influence the preferences of other DMs by taking advantage of additional options reflecting the particular DM's more powerful position. The more powerful DM may have three different kinds of power: direct positive, direct negative, or indirect. It is useful to analyze a model of a conflict without power asymmetry, and then to analyze a power-asymmetric model. As demonstrated by analysis of the water quality controversy that took place at the border separating the Chinese provinces of Jiangsu and Zhejiang, this novel conflict resolution methodology can be readily applied to real-world strategic conflicts to gain an enhanced understanding of the effects of asymmetric power.

  16. 75 FR 35799 - Notice of Availability of Class Deviation; Disputes Resolution Procedures Related to Enforcement...

    2010-06-23

    ... ENVIRONMENTAL PROTECTION AGENCY [FRL-9166-1] Notice of Availability of Class Deviation; Disputes... provides notice of availability of a Class Deviation from EPA's assistance agreement dispute procedures and... of performance and potential partial or complete cooperative agreement termination, associated with...

  17. Dispute resolution in NAFTA and the WTO: a useful guide for SADC ...

    In the process of developing, structuring and formalising the mechanism for settlement of trade disputes in the SADC region, the system for the settlement of disputes in both NAFTA and the WTO can serve as a useful guide for SADC and even more so for the African Union. The swift, fair and just settlement of especially ...

  18. Competing Constraints in Alternative Dispute Resolution: The Interactional Achievement of Formality and Informality in Mediation.

    Smith, Calvin D.

    1996-01-01

    Offers a preliminary analysis of meditations conducted by the Queensland Community Justice Program. The conflict between the need to provide a standardized formal process and the philosophical commitment to disputant control over the dispute process and outcome is examined. Strategies providing methods to manage this conflict are discussed.…

  19. THE DUAL-TRACK APPROACH OF THE PRC TO THE RESOLUTION OF DISPUTES IN THE SOUTH CHINA SEA

    Т И Понька

    2017-12-01

    Full Text Available The Asia-Pacific region is becoming one of the centers of global economic and political development. Countries of the region actively develop their economy, implement democratic reforms, and are also interested in peace and security in the region. A serious destabilizing factor in the Asia-Pacific region is territorial disputes between China and a number of countries in the region. China is taking the lead in the region and resolutely defends its interests, including territorial ones. The growing economic and military strength of China bothers other countries of Asia-Pacific region. Japan, Vietnam, South Korea, Indonesia also claim regional leadership. They also demonstrate determination in their territorial claims. Confrontation with China encourages the countries of the region to seek political and military support from the US, that could lead to the aggravation of the situation in the region in future. Meanwhile, China is also interested in good relations with neighbors, that’s why it changes approaches of solving its territorial issues. The objective of the research is to define China’s approach to territorial disputes in Asia-Pacific region. For this purpose, the authors set some tasks: first, to point out the main territorial disputes between China and Asia-Pacific countries, second, to consider how the problem of territorial disputes in Asia-Pacific region first appeared and developed, and how the Chinese government reacted to it, and finally, to analyze the role of international organizations, such as the UN and ASEAN in settling disputes in Asia-Pacific region. Summarizing the results of their research, the authors make the important conclusion that China’s stance on disputed territories remains unchanged, and at the same time, Chinese government seeks to solve the existing territorial problems peacefully, without using military force.

  20. Dispute resolution: the use of arbitration in the credit card industry

    Olivier André

    2009-01-01

    The fine print in most credit card agreements states that any dispute with a credit card issuer must be resolved through arbitration. The author lays out potential advantages and disadvantages for the consumer.

  1. The Influences Of The Indonesian Culture In The Process Of Finding The Dominant Factor In The Dispute Resolution In The Indonesian Construction Contract

    Aripurnomo Kartohardjono

    2017-12-01

    Full Text Available The Increasing of infrastructure development in Indonesia and the need of facilities and infrastructure for the resident and also upgrading and advancing the technology every subject need to have a proper contract and this may result in prolonged disputes when in to a project contract and disputes that are not handled carefully especially when associated with a broad of territory of Indonesia that has diverse cultures languages and customs. Referring to Act no. 18 1999 on Construction Services Act no. 30 1999 on Arbitration and Alternative Dispute Settlement and Act No.2 of 2017 concerning Construction Services that is Indonesia path of law for construction disputes settlement Legal culture in Indonesia among others consensus for consensus as one of the legal component also greatly affect the work of the legal system. Attitudes of eastern society that put forward the values of harmonization for the application of law in solving the problem. The eastern people tend to reject the application of the third party to solve the construction dispute because the court is considered as the rifters of social relations of society. The value of harmony and tend to close the problem is the culture of the eastern society and this is certainly very different from the way of view and attitude of western society in looking at the law. The modeling given the variables which need to be observed so that the conflicts can be minimized. The results of the questionnaires modeled with the model proved statistically to provide information that dispute resolution with the dispute board is the preferred system of society in the scope of the study area. This is to increase awareness or prevent the happening of dispute. So dispute resolution could resolve quickly and appropriately and must be handled from the beginning of contract by independent experts trusts and people respect to it. So the project continues but the settlement of claims and or disputes is still being

  2. EEG Clearing Office strengthened by EEG 2012. Alternative dispute resolution in the renewable energies industry; Aufwertung der Clearingstelle EEG durch das EEG 2012. Alternative Dispute Resolution im Bereich der Erneuerbaren Energien

    Chatzinerantzis, Alexandros; Fach, Martin [Linklaters LLP, Frankfurt am Main (Germany). Praxisgruppe Litigation and Arbitration

    2012-11-14

    The EEG Clearing Office is a special arbitration forum for the purpose of facilitating quick and inexpensive out-of-court dispute resolutions and resolving cases of legal uncertainty in connection with the regulations of the EEG (Renewable Energy Law). The Clearing Office has developed dynamically over the past years, as the numbers of newly registered potential and ongoing procedures impressively show. In the 2012 amendment to the EEG the legislature has fundamentally revised and substantially widened the legal basis for the work of the Clearing Office. This provides the motivation for presenting the Clearing Office and its procedural rules in the following article.

  3. Alternative Dispute Resolution in the Law School Curriculum: Opportunities and Obstacles.

    Sander, Frank E. A.

    1984-01-01

    The study of dispute settlement is an emerging field with complex intellectual roots. It may provide a means of strengthening the law school curriculum with the human aspects of legal education and vital skills such as interviewing, counseling, negotiation, and mediation. (MSE)

  4. The Choice of Law Issues in Resolution of Marine Insurance Disputes in Indonesia

    Marnia Rani

    2018-01-01

    Full Text Available Marine insurance business in Indonesia such as marine hull and machinery insurance and cargo insurance are subject to applicable laws and practices in the United Kingdom. Although Indonesia already has marine insurance law which is regulated in Wetboek van Koophandel, in fact, this busisness subject to English Law and Practice. The choice of law are listed in the insurance policy. Submission of the law and practice in UK raises the issue for the parties in the insurance contract, between Insurer and Insured. Although the principle of contract is a law for those who make it, but in practice there is a problem. The problem is especially when there is a dispute between Insurer and Insured. When disputes occur, each party has a different opinion regarding which country's laws may be applied to resolve disputes between Insurance Companies and Policyholders (the proper law of the contract, the applicable law. When referring to the provisions contained in the marine insurance policy which is a contract of the parties, it should be settled under the legal system and practice of law which is in force in the United Kingdom, because the choice of law is written in the contract. However, the problem arises again, whether the choice of law in the insurance contract can be applied, if the insurance company as a legal entity is established under Indonesian law and domiciled in Indonesia, as well as the policy holders who are Indonesian. On the basis of such matters, this paper intended to elaborate the principles of international civil law in Indonesia regarding the choice of law in the contract and is also associated with the personal status of the insurance company, the personal status of the policyholder who are Indonesian, as well as the consequences of the choice of law listed in marine hull and machinery insurance or cargo insurance and national laws which can be applied to marine insurance disputes occurring in Indonesia.  Keywords : Marine Insurance

  5. A clinical analysis of 500 medico-legal claims evaluating the causes and assessing the potential benefit of alternative dispute resolution.

    B-Lynch, C; Coker, A; Dua, J A

    1996-12-01

    1. To evaluate the common causes of medico-legal dispute in obstetrics and gynaecology. 2. To assess the potential benefit of early alternative dispute resolution. A prospective analysis of over 500 cases submitted from over 100 solicitors between 1984 and 1994 for medical expert opinion on potential medico-legal claims. Five hundred consecutive cases that met the inclusion criteria: 488 from the United Kingdom and 12 from abroad (Hong Kong, Republic of Ireland). The main principles underlining medico-legal disputes and causes of such claims. Analysis of 500 claims show 46% were misguided allegations, 19% incompetent care, 12% error of judgement, 9% lack of expertise, 7% failure of communication, 6% poor supervision and 1% inadequate staffing. Of the misguided allegations 119/225 cases (59%) were obstetric and 111/275 (40%) cases were gynaecological. The most common cause of obstetric dispute was "cerebral palsy' (22%), while the commonest cause of gynaecological dispute was failed sterilisation (19%). Settled claims were under-reported by solicitors. Because of the high percentage (46%) of misguided allegations, an alternative course of dispute resolution must be a realistic way forward. This course of action, combined with improved communication, could result in a major reduction in the costs of potential medical litigation. Early alternative dispute resolution should be considered in an attempt to reduce the escalating quantum of damages and costs. We recommend recruiting independent, experienced and unbiased consultants in active practice within the appropriate specialty to review such cases at the level of hospital complaints management as an in house review procedure, particularly for small and moderate-sized claims, as a means whereby doctors can retain control of medico-legal disputes, in contrast to control by the legal profession.

  6. Commercial Stakeholers in International Economic Dispute Resolution and the Issue of Judicial Independence

    Jemielniak, Joanna

    The paper discusses the problem of influence, exerted by commercial actors, in international trade disputes, and its impact onto the position of adjudicators. It explores the role of commercial stakeholders as a driving force behind States’ actions and examines procedural options available to them...... area are set against those of investment and commercial arbitration (as the institutions and rules designed for the latter are also being used for trade controversies, as in the Softwood Lumber LCIA arbitrations). Consequently, the problem of standards of adjudicatory independence is considered as one...

  7. Alternative Dispute Resolution ( ADR / ODR and Mitigation of Litigation in the Context of the New Code of Civil Procedure: A Shorter Path to Fair Legal System?

    Leandro André Francisco Lima

    2016-06-01

    Full Text Available This study addresses the use of Alternative Dispute Resolution (ADR’s methods, owing to the new Civil Law Procedure Code, having as it’s theoretical framework the concept of access to justice as a Right to a fair Law system. It’s asked about the possibilities of using the alternative Online Dispute Resolution (ODR's tools by jurisdiction, provided by the information technology, in order to maximize the effects relating to that Right. The pertinence of this question is glimpsed in view of the broad society accession to the virtual life. It is used the hypothetical-deductive method. The research is theoretical, bibliographical and documentary.

  8. Mediating environmental disputes

    Lake, L.M.

    1977-09-01

    Environmental disputes and lawsuits are examined. Site-specific disputes focus on visible physical phenomena, such as a power plant or local river, and have an immediacy and intensity about them that make it politically hazardous for public officials to assume responsibility for resolving them. As new precedents in environmental case law become less frequent and the number of disputes increases, alternative processes for environmental conflict resolution, such as third-party intervention, become appropriate. Third-party intervention techniques of fact finding, conflict avoidance, conciliation and mediation have been applied to international, labor, prison, school, racial, and hospital disputes. Underlying concepts are described. Two case studies, the Snoqualmie Dam dispute in Washington and the West Side Highway dispute in New York City, illustrate the basic elements associated with third-party intervention. 1 map, 17 references.

  9. CONTEXTUALIZING THE USE OF THE DIPLOMATIC ALTERNATIVE IN CONFLICT RESOLUTION IN THE DISPUTE BETWEEN NIGERIA AND CAMEROON OVER BAKASSI 1994 -2006

    Ekpotuatin Charles Ariye

    2017-09-01

    Full Text Available This study focuses on the subject of the application of alternative means as a complement to the judicial, adjudication and arbitration options in the resolution of disputes/conflicts. The Nigeria-Cameroon conflict over Bakassi is used as a case in point. By blending the theoretical perspectives on the diplomacy/negotiation approach with the reality of this case it argues that the application of alternative dispute resolution mechanism, in this instance, facilitated a long lasting and negotiated settlement, which led to amicable and final resolution. With the understanding that dispute/conflict resolution seeks to find solutions acceptable to both parties to achieve peaceful coexistence, the question arises as to whether the ICJ’s ruling in itself was able to amicably resolve the dispute? What we find is that the Ruling of 2002 did not in itself lead to instant settlement, rather it drew negative responses from Nigeria, so that it took the intervention of stakeholders in the international system, especially the Western countries, and particularly the UN and its then Secretary-General, Kofi Annan, to activate the UN machinery to put in place direct bilateral talks between Nigeria and Cameroon to iron out their differences. The emergent Mixed Commission and the Greentree Agreement of 2006 ensured the achievement of reconciliation, lasting peace and final resolution along the lines of the ICJ’s Judgment of 2002.

  10. The Application of Intentional Subjective Properties and Mediated Communication Tools to Software Agents in Online Disputes Resolution Environments

    Renzo Gobbin

    2004-11-01

    Full Text Available This paper examines the use of subjective properties in modeling an architecture for cooperative agents using Agent Communication Language (ACL that is used as a mediating tool for cooperative communication activities between and within software agents. The role that subjective and objective properties have in explaining and modeling agent internalization and externalization of ACL messages is investigated and related to Vygotsky’s developmental learning theories such as Mediated Activity Theory. A novel agent architecture ALMA (Agent Language Mediated Activity based on the integration of agents’ subjective and objective properties within an agent communication activity framework will be presented. The relevance of software agents subjective properties in modeling applications such as e-Law Online Dispute Resolution for e-business contractual arrangements using natural language subject/object relation in their communication patterns will be discussed.

  11. The Commission's proposal for a Directive on Double Taxation Dispute Resolution Mechanisms:Overcoming the final hurdle of juridical double taxation within the European Union?

    Cerioni, Luca

    2017-01-01

    This article examines the Commission’s proposal for a Directive on Double Taxation Dispute Resolution Mechanisms, by highlighting interpretative issues that its wording may arise and by discussing the conditions under which it could manage to lead to the elimination of (juridical) double taxation within the EU.

  12. Courts, Clans and Companies: Mobile Money and Dispute Resolution in Somaliland

    Nicole Stremlau

    2015-08-01

    Full Text Available One of the world’s most ambitious experiments in mobile money is underway in the Somali territories. In the absence of a strong central government and internationally recognized banking institutions, remittance companies and the telecoms industry have been innovating to provide services unique to the Somali context, which is making the economy increasingly ‘cashless’. Mobile money has posed new regulatory and legal challenges, particularly when disputes involving consumers are involved. This article focuses on a case study from Somaliland (the northern, self-declared independent region of Somalia and examines Zaad, the dominant mobile money platform. Given the weak state institutions, there are a variety of actors, including private companies, government police and courts, sharia courts and traditional elders that play an active role in resolving conflicts that result from mobile money transactions, forging a hybrid judicial approach. We examine how these different actors intervene and create an enabling environment to allow innovation and foster trust in a region of the world that is frequently characterized as violent and lawless.

  13. Resolution of a disputed albendazole result in the UK Official Control System - time for more guidance?

    Walker, Michael; Gray, Kirstin; Hopley, Christopher; Mussell, Christopher; Clifford, Louise; Meinerikandathevan, Jayanie; Firpo, Leonardo; Topping, Joanna; Santacruz, Daniel

    2017-04-01

    Albendazole, one of the benzimidazole anthelmintics, is used in ruminants and has maximum residue limits in muscle, fat and other tissue owing to reported teratogenicity. Albendazole is extensively metabolised in domestic animals and humans with rapid conversion to a sulphoxide and subsequently sulphone and amino sulphone metabolites. Sulphoxide metabolites are responsible for the systemic biological activity of benzimidazole drugs. Herein we report a case of disputed results for albendazole in a consignment sampled at import in which the Official Analyst certified against the consignment for excess albendazole. A laboratory acting for the importer reported data below the MRL, including a finding of the parent drug which is not included in the residue definition. The Government Chemist has a statutory duty as a route of technical appeal in the UK Official Food Control system and the case was referred for referee analysis. We report our findings based on a LC-MS/MS method, which confirmed the official findings, did not reveal the presence of the parent drug but identified hot spots of albendazole marker residues in the consignment. We discuss the need for recommendations on official sampling at import and interpretation of results.

  14. Alternatives to litigation for health care conflicts and claims: alternative dispute resolution in medicine.

    Dauer, Edward A

    2002-12-01

    Health care has undergone radical changes, and it may be predicted that further changes are in the offing as the burdens and the benefits of the newer configurations become known. Change in any system stresses it, creating opportunities for conflict as people and organizations adjust to new realities and encounter changed expectations. The opportunities for conflict in health care (and legal conflict with it), therefore, have been and will continue to be a measurable part of health care's daily life. Many of these conflicts can be managed through one or another of the several forms of ADR. Some ADR procedures are most productive when used as alternatives to impending litigation. Others may be employed when litigation is not likely but when the persistence of conflict, such as that within a newly structured provider organization, would otherwise take its toll on the productivity of the organization and those who work within it. The challenge in using ADR for any of these problems is similar to what physicians understand as differential diagnosis. A good therapy applied to the wrong case yields a bad result. The world of ADR has matured to the point at which the salient features of both cases and procedures are well-enough understood to allow for low-risk and high-benefit applications. This is particularly true for disputes involving allegations of medical error, where the indicators of efficacy are very positive and the risks to safety are comfortably low. Mediation in particular, but mediation of the interest-based style rather than the settlement conference style, deserves fuller consideration and broader use.

  15. Mediation as a Way of Alternative Resolution of Disputes in Kosovo

    Dr.Sc. Bedri Bahtiri; MSc. Islam Qerimi

    2014-01-01

    This work tackles mediation in Kosovo grounded on the special Law for Mediation, which entered into force in 2008. The paper is going to discuss other provisions in other legal codes and provisions which foresee mediation as a mechanism for resolution of conflicts and disagreements in extrajudicial form in the civil and criminal field etc. As for the level in which implementation of mediation has arrived in Kosovo, will be a subject of review. Therefore, firstly it discusses the notion of med...

  16. Mediation as a Way of Alternative Resolution of Disputes in Kosovo

    Dr.Sc. Bedri Bahtiri

    2014-06-01

    Full Text Available This work tackles mediation in Kosovo grounded on the special Law for Mediation, which entered into force in 2008. The paper is going to discuss other provisions in other legal codes and provisions which foresee mediation as a mechanism for resolution of conflicts and disagreements in extrajudicial form in the civil and criminal field etc. As for the level in which implementation of mediation has arrived in Kosovo, will be a subject of review. Therefore, firstly it discusses the notion of mediation, followed by definition, history, legal regulatory, types, statistics of application, advantages, weaknesses, difficulties, subjective impressions of responsible people of this extrajudicial instrument as well as of mediators’ practical experience, their recommendations for changes followed by its place and importance in the future.

  17. Investigation and Ponder on the Resolution of Online Shopping Disputes%关于网络购物纠纷解决的调查与思考

    杨彦增

    2012-01-01

    With the rise of online shopping,online shopping disputes are increasing.However,many online shopping disputes have not been timely and effectively settled.In order to prevent and resolve the online shopping disputes and advance the development of China's economy,we should improve both moral and legal awareness of the buyer and seller and build a comprehensive online shopping dispute resolution mechanism.%随着网络购物的兴起,网络购物纠纷也日益增多,而且网络购物纠纷解决起来往往困难重重。因此,只有加强道德建设和法制教育,营造一个有利于纠纷解决的道德和法制环境,构建完善的多元化网络购物纠纷解决机制,才能更好地解决网络购物纠纷,促进我国经济的进一步发展。

  18. International Construction Disputes in Denmark

    Cavaleri, Sylvie Cécile

    2016-01-01

    The article discusses whether the very peculiar Danish system of resolution of construction disputes, which is an hybrid between arbitration and State-Court proceedings, is geared for disputes involving non-Danish parties, comes to the conclusion that it is not, and proposes amendments to the sys......The article discusses whether the very peculiar Danish system of resolution of construction disputes, which is an hybrid between arbitration and State-Court proceedings, is geared for disputes involving non-Danish parties, comes to the conclusion that it is not, and proposes amendments...

  19. 25 CFR 1000.422 - How must disputes be handled?

    2010-04-01

    ... Title I-eligible program disputes may use non-binding informal alternative dispute resolution at the... this alternative dispute resolution any time before the issuance of an initial decision of a formal appeal(s). The appeals timetable will be suspended while alternative dispute resolution is pending. ...

  20. Disputed Memory

    , individual and political discourse and electronic social media. Analyzing memory disputes in various local, national and transnational contexts, the chapters demonstrate the political power and social impact of painful and disputed memories. The book brings new insights into current memory disputes...... in Central, Eastern and Southeastern Europe. It contributes to the understanding of processes of memory transmission and negotiation across borders and cultures in Europe, emphasizing the interconnectedness of memory with emotions, mediation and politics....... century in the region. Written by an international group of scholars from a diversity of disciplines, the chapters approach memory disputes in methodologically innovative ways, studying representations and negotiations of disputed pasts in different media, including monuments, museum exhibitions...

  1. Questioning the effectiveness of planned conflict resolution strategies in water disputes between rural communities and mining companies in Peru

    Sosa Landeo, Milagros; Zwarteveen, Margreet

    2016-01-01

    Disputes between mining companies and surrounding communities over the access to, control of and distribution of water form an important part of the socio-environmental conflicts that large mining operations in Peru are producing. In order to mitigate environmental impacts, solve conflicts and

  2. Questioning the effectiveness of planned conflict resolution strategies in water disputes between rural communities and mining companies in Peru

    Sosa, M.; Zwarteveen, M.

    2016-01-01

    Disputes between mining companies and surrounding communities over the access to, control of and distribution of water form an important part of the socio-environmental conflicts that large mining operations in Peru are producing. In order to mitigate environmental impacts, solve conflicts and deal

  3. The Third Party and Beyond. An Analysis of the Different Parties, in particular The Fifth, Involved in Online Dispute Resolution.

    Lodder, A.R.

    2006-01-01

    In a society that virtualises, with most of the current youth being online substantial parts of the day, to say that in the not so far future ODR will handle a large part of the disputes is not a daring prophecy. The relations between the various parties involved in ODR are more diverse and

  4. Dispute resolutions from the field of economy via contracting competence through Arbitration in the republic of Kosovo

    Krenare Vokshi

    2016-03-01

    Full Text Available In terms of globalized economy, the integration trade cooperation process between state institutions, international organizations, and business entities are being followed by a dynamism regarding creation, modification, and termination of relations through the contracts which are now more standardized. Good business practices offered a good experience in terms of solving disputes on business transactions, local or international, security, efficiency and speed of trailing are enforced only if this issue is foreseen and contracted with special courts of arbitration. The role of arbitration on international trade is not only the solution of disputes. The arbitration has as its mission before the building of a fair trade and legal practice such as bona fides.

  5. THE INTERNET AS A SITE OF LEGAL EDUCATION AND COLLABORATION ACROSS CONTINENTS AND TIME ZONES: USING ONLINE DISPUTE RESOLUTION AS A TOOL FOR STUDENT LEARNING

    Martha E Simmons

    2017-12-01

    Full Text Available Increasingly, digital technologies are influencing and impacting dispute resolution, particularly in the emerging field of online dispute resolution (ODR. ODR holds the potential to increase access to justice by engaging disputants in dramatically new ways. As a relatively new subject, ODR is unlikely to form part of the traditional curriculum at law schools. Aside from the question of whether it will become a mainstream part of tomorrow’s legal or dispute resolution landscape, ODR does show us that a familiarity with technology is becoming more important for tomorrow’s lawyers. As educators, how can we expose law students to these new forces of change in a meaningful way? How can we help students understand the benefits and drawbacks technology holds for the challenge of access to justice? This article describes a unique pilot project of an ODR simulation involving three universities in three cities, two continents, and three time zones. The main objectives of the project were to expose law students to ODR from the perspective of a disputant or client; expose clinical mediation students to a range of technology-based dispute resolution processes; demonstrate the potential for technology to support collaboration across vast distances; and promote experiential education by giving students “hands-on” ODR experience. This article will describe the simulation from an educator’s perspective.   Les technologies numériques ont de plus en plus d’influence et de répercussions sur le règlement des différends, surtout dans le nouveau domaine du règlement des conflits en ligne (RCL. Le RCL peut accroître l’accès à la justice en invitant les parties à adopter des démarches totalement nouvelles. Étant donné qu’il s’agit d’un sujet relativement nouveau, il est peu probable que le RCL soit enseigné dans les écoles de droit traditionnelles. Indépendamment de la question de savoir s’il deviendra éventuellement un

  6. Questioning the effectiveness of planned conflict resolution strategies in water disputes between rural communities and mining companies in Peru

    Sosa Landeo, Milagros; Zwarteveen, Margreet

    2016-01-01

    Disputes between mining companies and surrounding communities over the access to, control of and distribution of water form an important part of the socio-environmental conflicts that large mining operations in Peru are producing. In order to mitigate environmental impacts, solve conflicts and deal with opposition to mining operations, governmental actors and mining companies make use of a combination of legal and technical strategies. This article questions the effectiveness of these strateg...

  7. Deeper Into Divorce: Using Actor–Partner Analyses to Explore Systemic Differences in Coparenting Conflict Following Custody Dispute Resolution

    Sbarra, David A.; Emery, Robert E.

    2010-01-01

    Divorce is an inherently interpersonal experience, yet too often adults’ reactions to marital dissolution are investigated as intrapersonal experiences that unfold outside of the relational context in which they exist. This article examines systemic patterns of interpersonal influence between divorced parents who were randomly assigned to either mediate or litigate a child custody dispute in the mid-1980s. Reports of coparenting conflict and nonacceptance of the divorce were assessed 5 weeks after the dispute settlement, 13 months after the settlement, and then again 12 years later. One hundred nine (N = 109) parents provided data over this 12-year period. Fathers reported the highest initial levels of conflict when their ex-partners were more accepting of the divorce. Mediation parents reported decreases in coparenting conflict in the year after dispute settlement, whereas litigation parents reported increases in conflict. Litigation parents evidenced the greatest long-term increases and decreases in coparenting conflict. Mediation is a potent force for reducing postdivorce conflict, and this article highlights the usefulness of adopting a systemic lens for understanding the long-term correlates of marital dissolution. PMID:18266541

  8. Detector response restoration in image reconstruction of high resolution positron emission tomography

    Liang, Z.

    1994-01-01

    A mathematical method was studied to model the detector response of high spatial-resolution positron emission tomography systems consisting of close-packed small crystals, and to restore the resolution deteriorated due to crystal penetration and/or nonuniform sampling across the field-of-view (FOV). The simulated detector system had 600 bismuth germanate crystals of 3.14 mm width and 30 mm length packed on a single ring of 60 cm diameter. The space between crystal was filled up with lead. Each crystal was in coincidence with 200 opposite crystals so that the FOV had a radius of 30 cm. The detector response was modeled based on the attenuating properties of the crystals and the septa, as well as the geometry of the detector system. The modeled detector-response function was used to restore the projections from the sinogram of the ring-detector system. The restored projections had a uniform sampling of 1.57 mm across the FOV. The crystal penetration and/or the nonuniform sampling were compensated in the projections. A penalized maximum-likelihood algorithm was employed to accomplish the restoration. The restored projections were then filtered and backprojected to reconstruct the image. A chest phantom with a few small circular ''cold'' objects located at the center and near the periphery of FOV was computer generated and used to test the restoration. The reconstructed images from the restored projections demonstrated resolution improvement off the FOV center, while preserving the resolution near the center

  9. Dehumanization, retributive and restorative justice, and aggressive versus diplomatic intergroup conflict resolution strategies.

    Leidner, Bernhard; Castano, Emanuele; Ginges, Jeremy

    2013-02-01

    The desire for justice can escalate or facilitate resolution of intergroup conflicts. Two studies investigated retributive and restorative notions of justice as the mediating factor of the effect of perceived outgroup sentience-an aspect of (mechanistic) dehumanization referring to the emotional depth attributed to others-on intergroup conflict resolution. Study 1 showed that for Palestinians, who see themselves as victims, perceived sentience of Israelis decreased retributive but increased restorative notions of justice, which, ultimately, increased support for conflict resolution by negotiation rather than political violence. Study 2 partially replicated Study 1's findings with Jewish Israelis. The role of perceived sentience and its relationship to retributive and restorative notions of justice in protracted and nonprotracted conflicts and their resolution is discussed.

  10. Restorative Justice at Work: Examining the Impact of Restorative Justice Resolutions on Juvenile Recidivism

    Rodriguez, Nancy

    2007-01-01

    Programs with restorative justice ideals attempt to incorporate victims and community members into the administration of justice. Although these programs have become increasingly popular, only a few programs in the United States have been the focus of prior studies. Using official juvenile court data from an urban, metropolitan area, this study…

  11. The alternative dispute resolution mechanism as a human right / Los mecanismos alternativos de solución de controversias como derecho humano

    Egla Cornelio Landero

    2014-10-01

    Full Text Available Human rights are owned by the person for the simple fact of being, that all authorities within the scope of its powers, have the obligation to promote, respect, protect and ensure, in accordance with the principles of universality, interdependence, indivisibility and escalation. Second paragraph of Article 17 of the Constitution of Mexico, provides the fundamental right of access to justice and the public right that everyone has to be given to it for speedy justice courts, within the time and manner prescribed laws under principles of promptness, full and impartial justice. In the fourth paragraph of this constitutional provision since June 2008, has been recognized as a human right to access to justice, alternative dispute resolution mechanisms, which consist of negotiation, mediation, conciliation and arbitration.

  12. Mediation in complex multi-party disputes

    Kamminga, Y.P.; Blohorn-Brenneur, B.

    2013-01-01

    Mediation is on the rise but it is lagging behind in certain fields such as in the resolution of complex disputes. This article addresses how biases in the decision-making process for selecting either mediation or litigation surrounding dispute resolution works in the disadvantage of mediation. It

  13. A High Resolution Hydrodynamic Model of Puget Sound to Support Nearshore Restoration Feasibility Analysis and Design

    Khangaonkar, Tarang; Yang, Zhaoqing

    2011-01-01

    Estuarine and coastal hydrodynamic processes are sometimes neglected in the design and planning of nearshore restoration actions. Despite best intentions, efforts to restore nearshore habitats can result in poor outcomes if circulation and transport which also affect freshwater-saltwater interactions are not properly addressed. Limitations due to current land use can lead to selection of sub-optimal restoration alternatives that may result in undesirable consequences, such as flooding, deterioration of water quality, and erosion, requiring immediate remedies and costly repairs. Uncertainty with achieving restoration goals, such as recovery of tidal exchange, supply of sediment and nutrients, and establishment of fish migration pathways, may be minimized by using numerical models designed for application to the nearshore environment. A high resolution circulation and transport model of the Puget Sound, in the state of Washington, was developed to assist with nearshore habitat restoration design and analysis, and to answer the question 'can we achieve beneficial restoration outcomes at small local scale, as well as at a large estuary-wide scale?' The Puget Sound model is based on an unstructured grid framework to define the complex Puget Sound shoreline using a finite volume coastal ocean model (FVCOM). The capability of the model for simulating the important nearshore processes, such as circulation in complex multiple tidal channels, wetting and drying of tide flats, and water quality and sediment transport as part of restoration feasibility, are illustrated through examples of restoration projects in Puget Sound.

  14. Radiopacity of restorative composites by conventional radiography and digital images with different resolutions

    Dantas, Raquel Venancio; Samento, Hugo Ramalho [Graduate Program in Dentistry, Federal University of Pelotas, Pelotas (Brazil); Duarte, Rosangela Marques; Raso, Sonia Saeger Meireles Monte; De Andrade Ana Karina Maciel; Anjos-Pontual Maria Luiza Dos [Dept. of Operative Dentistry, Federal University of Paraiba, Pelotas (Brazil)

    2013-09-15

    This study was performed to evaluate and compare the radiopacity of dentin, enamel, and 8 restorative composites on conventional radiograph and digital images with different resolutions. Specimens were fabricated from 8 materials and human molars were longitudinally sectioned 1.0 mm thick to include both enamel and dentin. The specimens and tooth sections were imaged by conventional radiograph using 4 sized intraoral film and digital images were taken in high speed and high resolution modes using a phosphor storage plate. Densitometric evaluation of the enamel, dentin, restorative materials, a lead sheet, and an aluminum step wedge was performed on the radiographic images. For the evaluation, the Al equivalent (mm) for each material was calculated. The data were analyzed using one-way ANOVA and Tukey's test (p<0.05), considering the material factor and then the radiographic method factor, individually. The high speed mode allowed the highest radiopacity, while the high resolution mode generated the lowest values. Furthermore, the high resolution mode was the most efficient method for radiographic differentiation between restorative composites and dentin. The conventional radiograph was the most effective in enabling differentiation between enamel and composites. The high speed mode was the least effective in enabling radiographic differentiation between the dental tissues and restorative composites. The high speed mode of digital imaging was not effective for differentiation between enamel and composites. This made it less effective than the high resolution mode and conventional radiographs. All of the composites evaluated showed radiopacity values that fit the ISO 4049 recommendations.

  15. Restoration and Super-Resolution of Diffraction-Limited Imagery Data by Bayesian and Set-Theoretic Approaches

    Sundareshan, Malur

    2001-01-01

    This project was primarily aimed at the design of novel algorithms for the restoration and super-resolution processing of imagery data to improve the resolution in images acquired from practical sensing operations...

  16. Confocal pore size measurement based on super-resolution image restoration.

    Liu, Dali; Wang, Yun; Qiu, Lirong; Mao, Xinyue; Zhao, Weiqian

    2014-09-01

    A confocal pore size measurement based on super-resolution image restoration is proposed to obtain a fast and accurate measurement for submicrometer pore size of nuclear track-etched membranes (NTEMs). This method facilitates the online inspection of the pore size evolution during etching. Combining confocal microscopy with super-resolution image restoration significantly improves the lateral resolution of the NTEM image, yields a reasonable circle edge-setting criterion of 0.2408, and achieves precise pore edge detection. Theoretical analysis shows that the minimum measuring diameter can reach 0.19 μm, and the root mean square of the residuals is only 1.4 nm. Edge response simulation and experiment reveal that the edge response of the proposed method is better than 80 nm. The NTEM pore size measurement results obtained by the proposed method agree well with that obtained by scanning electron microscopy.

  17. Parallel detecting super-resolution microscopy using correlation based image restoration

    Yu, Zhongzhi; Liu, Shaocong; Zhu, Dazhao; Kuang, Cuifang; Liu, Xu

    2017-12-01

    A novel approach to achieve the image restoration is proposed in which each detector's relative position in the detector array is no longer a necessity. We can identify each detector's relative location by extracting a certain area from one of the detector's image and scanning it on other detectors' images. According to this location, we can generate the point spread functions (PSF) for each detector and perform deconvolution for image restoration. Equipped with this method, the microscope with discretionally designed detector array can be easily constructed without the concern of exact relative locations of detectors. The simulated results and experimental results show the total improvement in resolution with a factor of 1.7 compared to conventional confocal fluorescence microscopy. With the significant enhancement in resolution and easiness for application of this method, this novel method should have potential for a wide range of application in fluorescence microscopy based on parallel detecting.

  18. 29 CFR 5.11 - Disputes concerning payment of wages.

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Disputes concerning payment of wages. 5.11 Section 5.11... Provisions and Procedures § 5.11 Disputes concerning payment of wages. (a) This section sets forth the procedure for resolution of disputes of fact or law concerning payment of prevailing wage rates, overtime...

  19. Mediation for resolving family disputes

    Kamenecka-Usova M.

    2016-01-01

    Full Text Available Nowadays the understanding of the institute of marriage and its importance in the society has changed. Marriage is no longer assumed to be a commitment for a lifetime. As the principle of equality has replaced hierarchy as the guiding principle of family law it gave more grounds for family disputes and it became socially acceptable to leave marriages that are intolerable or merely unfulfilling. The aim of this article is to suggest an alternative dispute resolution method-mediation as a worthy option for resolving family conflicts.

  20. PENGUATAN KERANGKA HUKUM TERKAIT PENYELESAIAN SENGKETA PASAR MODAL SYARIAH PADA PENGADILAN AGAMA / Strengthening Legal Framework For Sharia Capital Market Dispute Resolution In Religious Court

    Mul Irawan

    2016-11-01

    capital market civil cases. We need to increase the judges and religious courts officials competencies, make guidelines, jurisprudence and the references of sharia capital market dispute resolution in Indonesia.

  1. Restoration of outer segments of foveal photoreceptors after resolution of central serous chorioretinopathy.

    Ojima, Yumiko; Tsujikawa, Akitaka; Yamashiro, Kenji; Ooto, Sotaro; Tamura, Hiroshi; Yoshimura, Nagahisa

    2010-01-01

    To study morphologically and functionally the prognosis of damaged outer segments of the foveal photoreceptor layer in eyes with resolved central serous chorioretinopathy (CSC). We studied retrospectively the medical records of 70 patients (74 eyes) with resolved CSC. Optical coherence tomography was used to detect the junctions between inner and outer segments of the photoreceptors (IS/OS) as a hallmark of the integrity of the outer photoreceptor layer. In 53 eyes (71.6%), the IS/OS line was clearly detected beneath the fovea immediately after resolution of the retinal detachment, with good visual acuity (VA). In the remaining 21 eyes (28.4%), however, the foveal IS/OS line could not be detected shortly after resolution of CSC, and VA was variable, ranging from 0.1 to 1.5 (median, 0.9). Of these 21 eyes, 15 had a follow-up examination with OCT, and in four the foveal IS/OS line was not detected at the follow-up and vision in these eyes remained poor. However, nine eyes showed recovery of the foveal IS/OS line during follow-up, and these eyes had substantial visual recovery. Immediately after resolution of active CSC, although the IS/OS line cannot be detected beneath the fovea, it often shows restoration over time, with visual recovery, though in some eyes no restoration takes place and the prognosis remains poor.

  2. Territorial disputes in international arbitration practice

    Tubić Bojan

    2014-01-01

    Full Text Available This paper deals with the issue of territorial disputes settlement in international arbitrations. The arbitration represents an efficient way of determining state borders, together with diplomatic means of dispute resolution and procedure before the International Court of Justice. Parties in a dispute choose arbiters, rules of procedure and commit themselves to accept and implement arbitration award, which is based on international law. States can create an ad hoc tribunal or they can decide to resolve the dispute before the Permanent Court of Arbitration in The Hague. In arbitration practice there were cases of successful arbitrations, especially in situations when a dispute was primarily factual and when major economic and political interests were not involved.

  3. A experiência do núcleo de estudos de meios de solução de conflitos (NEMESC The experience of university of Sao Paulo´s dispute resolution study group (NEMESC

    Carlos Alberto de Salles

    2010-06-01

    Full Text Available O artigo apresenta a experiência desenvolvida pelo Núcleo de Estudos de Meios de Solução de Conflitos (NEMESC no âmbito da Faculdade de Direito da Universidade de São Paulo. As atividades desenvolvidas, que completaram cinco anos em 2009, tiveram início informalmente através de grupo de estudo com alunos da graduação e pós-graduação e hoje se firmaram como disciplinas de extensão da Faculdade de Direito. Este artigo considera as atividades e práticas desenvolvidas pelo grupo, as escolhas metodológicas e o envolvimento dos alunos durante estes cinco anos de experiência do NEMESC, para demonstrar os resultados auferidos. o objetivo é contribuir para o debate sobre o tema e uma troca de experiências sobre meios de solução de conflitos no âmbito da faculdade de direito.This paper presents the 5 years' experience of the Alternative Dispute Resolution Group (NEMESC established at the University of Sao Paulo Law School. The NEMESC begun as a studying and reading group interested to debate and to research about alternative dispute resolution issues, and now a course emerged from this studying group at the law school. This paper considers the activities and practices developed by the group, the methodological choices and students' involvement during the 5 years of the NEMESC experience to show some positive results. The paper goal is contributing to the debates about alternative dispute resolution and to the exchange of views and experiences about adr at the law school environment.

  4. Institutionalisation of Mediation for Dispute Resolution in the Field of Social Bankruptcy of Citizens in Russia or how to prevent losses of 300 billions rubles of Russian Federation

    Avdyev Marat Aleksandrovich

    2015-12-01

    Full Text Available The important problem of modern Russia is poverty of about 22,1 billions citizens. because of illegal action or practice of lending money at unreasonably high rates of interest. About 4,2 billions citizens of Russian are social bankrupts. There are many obstacles for human right in court. Total budget for legal expenses may estimates over than 1,5-2 average annual income of household. Therefore author considers mediation as alternative procedure for dispute resolution between creditors and debtors. Some amendment of law desirable for institutionalization of mediation practice in this types conflicts such as mandatory mediation and so on.

  5. Efficient generalized cross-validation with applications to parametric image restoration and resolution enhancement.

    Nguyen, N; Milanfar, P; Golub, G

    2001-01-01

    In many image restoration/resolution enhancement applications, the blurring process, i.e., point spread function (PSF) of the imaging system, is not known or is known only to within a set of parameters. We estimate these PSF parameters for this ill-posed class of inverse problem from raw data, along with the regularization parameters required to stabilize the solution, using the generalized cross-validation method (GCV). We propose efficient approximation techniques based on the Lanczos algorithm and Gauss quadrature theory, reducing the computational complexity of the GCV. Data-driven PSF and regularization parameter estimation experiments with synthetic and real image sequences are presented to demonstrate the effectiveness and robustness of our method.

  6. The Northwest Passage Dispute

    Burke, Danita Catherine

    2018-01-01

    This is an article written for the Oxford Research Group "Sustainable Security" series. It gives an overview of the dispute of the Northwest Passage and discusses factors which will contribute to the evolution of the dispute in the 21st century. This short contribution summarizes and adds to the ...... to the research recently published by the author through Palgrave Macmillan, Danita Catherine Burke, 2018, International Disputes and Cultural Ideas in the Canadian Arctic...

  7. SETTLEMENT OF BANKING DISPUTE IN INDONESIA

    Denico Doly

    2014-03-01

    Full Text Available This article talks about dispute between costumer and the bank. Settlement of disputes should be resolved by the principle of fast, accurate and cheap. Issues raised in this paper is how an ideal dispute resolution process to resolve dispute banking. This paper describes the advantages and disadvantages in any dispute resolution process both through litigation and non litigation. Based in the principles of fast, accurate and cheap it is explained that banks in Indonesia must resolve their disputes through non litigation or ADR. Tulisan ini membicarakan mengenai penyelesaian sengketa antara nasabah dengan bank. Penyelesaian sengketa harusnya diselesaikan dengan prinsip cepat, tepat dan murah. Permasalahan yang diangkat dalam tulisan ini yaitu bagaimana proses penyelesaian sengketa yang ideal dalam menyelesaikan sengketa perbankan. Tulisan ini menggambarkan mengenai kelebihan dan kekurangan dalam setiap proses penyelesaian sengketa baik melalui jalur litigasi maupun non litigasi. Berdasarkan prinsip cepat, tepat dan murah maka dipaparkan bahwa perbankan di Indonesia harus menyelesaikan sengketanya melalui jalur non litigasi atau ADR.

  8. SUMBER KONFLIK DAN POTENSI PENERAPAN ALTERNATIF PENYELESAIAN KONFLIK (APK DALAM SENGKETA LINGKUNGAN HIDUP(Conflict Sources and the Potential of Alternative Dispute Resolution (ADR Application on Environmental Conflict: The Case of Sasorladang Community

    Tua Hasiholan Hutabarat

    2015-01-01

    Full Text Available ABSTRAK Penelitian ini mengkaji konflik lingkungan yang terjadi antara masyarakat Porsea dengan PT. Inti Indorayon Utama (IIU. Konflik ini terjadi berkepanjangan karena tidak bertemunya faktor-faktor rasional dan irasional. Penelitian ini bertujuan mengkaji bagaimana faktor-faktor yang irasional bekerja dalam penyelesaian konflik melalui Altemative Dispute Resolution (ADR. Penelitian ini menggunakan metodologi deskriptif melalui survai baik dengan kuesioner maupun interview. Penelitian ini menemukan bahwa dari 4 faktor rasional yang dipertimbangkan dalam penyelesaian konflik hanya faktor penerimaan bantuan yang berkorelasi dengan pengembangan sikap masyarakat. Adapun faktor-faktor irasional memiliki relasi, dan faktor etnosentrik manjadi faktor yang paling berpengaruh.   ABSTRACT This research was carried out based on an environmental conflict phenomenon between Porsea people, especially Sosorladang, and PT Inti Indorayan Utama or Toba Pulp Lestari (PT IIU/TPL. Occurred four years, the conflict is difficult to resolve due to some irrational factors aside from rational ones that should have made the conflict resolution realistic. The research aims to identify how the nonrealistic conflict influences an unfeasibility of solution through an approach of Alternative Dispute Resolution (ADR. The method used was a combination of survey and descriptive approaches. The main means of data collection questionnaire supported by in-depth interview and direct field observation, including the company environment. Data derived from questionnaire and interview were analyzed by examining their correlation. The result of the correlation test show that among four rational factors considered, only aid acceptance factor that has relation in building up the societal attitude. The irrational factors prove a real relationship, and the ethnocentric factor become the most influential factor. It is proven that the conflict between the inhabitant and company is due to a

  9. Challenges of Alternative Dispute Resolution in Administrative Relations in a Slovenian and Wider Context (Izzivi alternativnega reševanja sporov v upravnih razmerjih v Sloveniji in širše

    Polonca Kovač

    2016-12-01

    Full Text Available Considering that in administrative relations, particularly in individual administrative matters, administrative bodies strictly adhere to the law and primarily protect the public interest, alternative dispute resolution (ADR is yet being gradually introduced into the relevant legal system and practice. Yet, despite the limitations relating to its application in administrative relations, certain forms of ADR indeed bring advantages, such as faster and more efficient procedures, increasing satisfaction of participants and faster adoption of decisions (even if unfavourable, less burdens for appellate and sanctioning bodies and courts, a more creative role of the administration, etc. By examining the evolution of ADR in general, the recommendations of the Council of Europe and the EU, and selected foreign regulations, the paper analyses the specifics of administrative relations as regards the use of ADR. It takes into account the general regulation under the Administrative Procedure Act and the Administrative Disputes Act, as well as examples from sector-specific legislation and practice. On the basis thereof, it systematically discusses the limitations and the potential of ADR and the dogmatics of the forms de lege lata and de lege ferenda. The author concludes that in administrative relations, ADR should be understood otherwise than e.g. in litigation, but the benefits of such approach – provided that corrective mechanisms against malpractice are introduced in the existing administrative and judicial procedures – outweigh the existing formalisation. ADR is thus seen as an excellent tool for developing good administration.

  10. Dispute settlement process under GATT/WTO diplomatic or judicial ...

    This paper probes the mechanisms of the dispute resolution process under the World Trade Organisation (WTO) and the General Agreement on Tariff and Trade (GATT). It tries to analyse the evolution of the dispute process which was initially based on diplomatic procedures and gives an account of its evolution and ...

  11. La efectividad de la justicia : una exigencia constitucional , (los nuevos sistemas alternativos de resolución de conflictos = The effectiveness of justice : a constitucional requirement , (the new alternative systems of dispute resolution

    Inmaculada López-Barajas Perea

    2012-09-01

    protection of individual rights and interests must be provided. The prohibition of undue delays is part of the right to a fair trial. The effectiveness of our judicial system requires that, together with the judicial process, other complementary methods of dispute resolution are made available. The development of so-called alternative systems of dispute resolution is usually associated more or less directly to the difficulties of improving the justice system, given the practical problems of saturation of the Justice Courts that nearly all countries face. However, the relationship between courts and non-judicial methods must be one of compatibility and complementarity. The implementation of these new tools must be such as to guarantee citizens access to justice in an easier and more efficient way, and in within reasonable timeframe. Mediation, the spearhead of these non-judicial systems, aims to be a more consensual dispute resolution method that may be more appropriate in those cases where, given the nature of the conflict, the parties involved need to maintain the relationship that exists between them. It has its own merits as a method of dispute resolution that deserves to be promoted regardless of the effect of alleviating the load of work of the courts. We study the characteristics and essential guarantees of the mediation process under the new Royal Decree-Act 5/2012 of 5 March. We also examine whether the new regulation establishes a legal framework that encourages the use of mediation as an effective method to try to reach negotiated solutions to conflicts.

  12. UDECON: deconvolution optimization software for restoring high-resolution records from pass-through paleomagnetic measurements

    Xuan, Chuang; Oda, Hirokuni

    2015-11-01

    The rapid accumulation of continuous paleomagnetic and rock magnetic records acquired from pass-through measurements on superconducting rock magnetometers (SRM) has greatly contributed to our understanding of the paleomagnetic field and paleo-environment. Pass-through measurements are inevitably smoothed and altered by the convolution effect of SRM sensor response, and deconvolution is needed to restore high-resolution paleomagnetic and environmental signals. Although various deconvolution algorithms have been developed, the lack of easy-to-use software has hindered the practical application of deconvolution. Here, we present standalone graphical software UDECON as a convenient tool to perform optimized deconvolution for pass-through paleomagnetic measurements using the algorithm recently developed by Oda and Xuan (Geochem Geophys Geosyst 15:3907-3924, 2014). With the preparation of a format file, UDECON can directly read pass-through paleomagnetic measurement files collected at different laboratories. After the SRM sensor response is determined and loaded to the software, optimized deconvolution can be conducted using two different approaches (i.e., "Grid search" and "Simplex method") with adjustable initial values or ranges for smoothness, corrections of sample length, and shifts in measurement position. UDECON provides a suite of tools to view conveniently and check various types of original measurement and deconvolution data. Multiple steps of measurement and/or deconvolution data can be compared simultaneously to check the consistency and to guide further deconvolution optimization. Deconvolved data together with the loaded original measurement and SRM sensor response data can be saved and reloaded for further treatment in UDECON. Users can also export the optimized deconvolution data to a text file for analysis in other software.

  13. Applying High-Resolution Imagery to Evaluate Restoration-Induced Changes in Stream Condition, Missouri River Headwaters Basin, Montana

    Melanie K. Vanderhoof

    2018-06-01

    Full Text Available Degradation of streams and associated riparian habitat across the Missouri River Headwaters Basin has motivated several stream restoration projects across the watershed. Many of these projects install a series of beaver dam analogues (BDAs to aggrade incised streams, elevate local water tables, and create natural surface water storage by reconnecting streams with their floodplains. Satellite imagery can provide a spatially continuous mechanism to monitor the effects of these in-stream structures on stream surface area. However, remote sensing-based approaches to map narrow (e.g., <5 m wide linear features such as streams have been under-developed relative to efforts to map other types of aquatic systems, such as wetlands or lakes. We mapped pre- and post-restoration (one to three years post-restoration stream surface area and riparian greenness at four stream restoration sites using Worldview-2 and 3 images as well as a QuickBird-2 image. We found that panchromatic brightness and eCognition-based outputs (0.5 m resolution provided high-accuracy maps of stream surface area (overall accuracy ranged from 91% to 99% for streams as narrow as 1.5 m wide. Using image pairs, we were able to document increases in stream surface area immediately upstream of BDAs as well as increases in stream surface area along the restoration reach at Robb Creek, Alkali Creek and Long Creek (South. Although Long Creek (North did not show a net increase in stream surface area along the restoration reach, we did observe an increase in riparian greenness, suggesting increased water retention adjacent to the stream. As high-resolution imagery becomes more widely collected and available, improvements in our ability to provide spatially continuous monitoring of stream systems can effectively complement more traditional field-based and gage-based datasets to inform watershed management.

  14. Dismissal Disputes and the Incentives to Bargain: Estimates of the Contract Zone

    Benoit P. Freyens

    2011-01-01

    In many countries the arbitration of dismissal disputes by public tribunals and state agencies is regarded as slow and expensive. Some common law countries, including the United States and Australia, are privatizing dispute resolution on the premise that this is more efficient than using statutory channels, and it is thus perceived as a better method of settling disputes. Previous advances in statutory law regarding the arbitration of dismissal disputes have been either rescinded or circumven...

  15. 75 FR 66420 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Online Dispute...

    2010-10-28

    ... B2C e-commerce contract disputes on the basis of a state-sponsored cooperative framework and model... International Law (ACPIL): Online Dispute Resolution (ODR) Study Group The Department of State, Office of Legal... upcoming work in UNCITRAL on the development of legal instruments regarding online dispute resolution for...

  16. 77 FR 1972 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    2012-01-12

    ... business to consumer cross-border electronic commerce disputes. The Working Group has been considering, inter alia, ODR procedural rules for resolution of cross-border electronic commerce disputes. For the... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group Meeting The Office of Private...

  17. A conflict model for the international hazardous waste disposal dispute

    Hu Kaixian; Hipel, Keith W.; Fang, Liping

    2009-01-01

    A multi-stage conflict model is developed to analyze international hazardous waste disposal disputes. More specifically, the ongoing toxic waste conflicts are divided into two stages consisting of the dumping prevention and dispute resolution stages. The modeling and analyses, based on the methodology of graph model for conflict resolution (GMCR), are used in both stages in order to grasp the structure and implications of a given conflict from a strategic viewpoint. Furthermore, a specific case study is investigated for the Ivory Coast hazardous waste conflict. In addition to the stability analysis, sensitivity and attitude analyses are conducted to capture various strategic features of this type of complicated dispute.

  18. A conflict model for the international hazardous waste disposal dispute.

    Hu, Kaixian; Hipel, Keith W; Fang, Liping

    2009-12-15

    A multi-stage conflict model is developed to analyze international hazardous waste disposal disputes. More specifically, the ongoing toxic waste conflicts are divided into two stages consisting of the dumping prevention and dispute resolution stages. The modeling and analyses, based on the methodology of graph model for conflict resolution (GMCR), are used in both stages in order to grasp the structure and implications of a given conflict from a strategic viewpoint. Furthermore, a specific case study is investigated for the Ivory Coast hazardous waste conflict. In addition to the stability analysis, sensitivity and attitude analyses are conducted to capture various strategic features of this type of complicated dispute.

  19. Impact of the New Optimal Rules for Arbitration of Disputers Relating to Space Debris Controversies

    Force, Melissa K.

    2013-09-01

    The mechanisms and procedures for settlement of disputes arising from space debris collision damage, such as that suffered by the Russian Cosmos and US Iridium satellites in 2009, are highly political, nonbinding and unpredictable - all of which contributes to the uncertainty that increases the costs of financing and insuring those endeavors that take place in near-Earth space, especially in Low Earth Orbit. Dispute settlement mechanisms can be found in the 1967 Outer Space Treaty, which provides for consultations in cases involving potentially harmful interference with activities of States parties, and in the 1972 Liability Convention which permits but does not require States - not non-governmental entities - to pursue claims in a resolution process that is nonbinding (unless otherwise agreed.) There are soft- law mechanisms to control the growth of space debris, such as the voluntary 2008 United Nations Space Debris Mitigation Guidelines, and international law and the principles of equity and justice generally provide reparation to restore a person, State or organization to the condition which would have existed if damage had not occurred, but only if all agree to a specific tribunal or international court; even then, parties may be bound by the result only if agreed and enforcement of the award internationally remains uncertain. In all, the dispute resolution process for damage resulting from inevitable future damage from space debris collisions is highly unsatisfactory. However, the Administrative Council of the Permanent Court of Arbitration's recently adopted Optional Rules for the Arbitration of Disputes Relating to Outer Space Activities are, as of yet, untested, and this article will provide an overview of the process, explore the ways in which they fill in gaps in the previous patchwork of systems and analyze the benefits and shortcomings of the new Outer Space Optional Rules.

  20. Conflict Resolution, Restorative Justice Approaches and Bullying in Young People's Residential Units

    Littlechild, Brian

    2011-01-01

    Restorative justice has been an increasing feature in the discourses within adult and youth justice criminal justice systems in recent years. This article examines interpersonal conflicts arising from crime, bullying and antisocial behaviour in residential care, and the advantages and disadvantages of utilising such approaches in relation to these…

  1. Conflict Resolution at Work for Dummies

    Scott, Vivian

    2010-01-01

    A practical workplace guide to handling conflict effectively. Managing employees and encouraging them to work together toward a common goal is an essential skill that all leaders should possess. Conflict Resolution at Work For Dummies provides the tools and advice you need to restore peace, train your colleagues to get along better with others, prevent conflicts from ever starting, and maintain better productivity while boosting morale.: One of the only trade publications that takes the manager's perspective on how to address conflicts, resolve disputes, and restore peace and productivity to t

  2. Settlement of Tax Disputes in the Russian Federation and Germany

    Anastasiya Alexandrovna Konyukhova

    2015-01-01

    This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority tha...

  3. South China Sea Dispute

    Tanderup, Kasper Buch; Grinderslev, Emil Juhler; Tønnesen-Højbjerg, Asser Laurits Svend

    2017-01-01

    China is rising rapidly in terms of economics, military spending, sphere of influence and claims to in their view former territory. This paper has aimed to discuss the latter through analysis of the present dispute concerning islands and maritime territory in the South China Sea. The Chinese have become increasingly assertive in their claims formulated through a U-shaped line entailing most of the area within the South China Sea. The claims are contested by Vietnam, the Philippines, Indonesia...

  4. 78 FR 24783 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    2013-04-26

    ... both business to business and business to consumer cross-border electronic commerce disputes. The... electronic commerce disputes, along with separate legal instruments that may take the form of annexes on... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser...

  5. Image processing and resolution restoration of fast-neutron hodoscope data

    Rhodes, E.A.; DeVolpi, A.

    1982-01-01

    The fast-neutron hodoscope is a cineradiographic device that monitors fuel motion within thick opaque test capsules during radiation transients at the Transient Reactor Test Facility reactor which simulate accident conditions in power reactors. By means of a collimator and detector array, emissive neutron radiographic digital data is collected in time-resolved and static (scan) modes. Data is digitally reconstructed into raidographic images and used directly for quantitative analysis. Spatial resolution is adequate in most cases, but is marginal for a few experiments. Collimator repositioning, scan increment size-reduction, and deconvolution algorithms are being applied to improve resolution of existing collimators

  6. The Restorative and Transformative Power of the Arts in Conflict Resolution

    Bang, April Hyoeun

    2016-01-01

    The discipline of the arts has much to contribute to the field of conflict resolution. This article broadly investigates how artistic engagement facilitates transformative learning and the development of skills and capacities for more constructive engagement with conflict. Many scholar practitioners have acknowledged the widespread use of…

  7. K+ channel openers restore verapamil-inhibited lung fluid resolution and transepithelial ion transport

    Su Xue-Feng

    2010-05-01

    Full Text Available Abstract Background Lung epithelial Na+ channels (ENaC are regulated by cell Ca2+ signal, which may contribute to calcium antagonist-induced noncardiogenic lung edema. Although K+ channel modulators regulate ENaC activity in normal lungs, the therapeutical relevance and the underlying mechanisms have not been completely explored. We hypothesized that K+ channel openers may restore calcium channel blocker-inhibited alveolar fluid clearance (AFC by up-regulating both apical and basolateral ion transport. Methods Verapamil-induced depression of heterologously expressed human αβγ ENaC in Xenopus oocytes, apical and basolateral ion transport in monolayers of human lung epithelial cells (H441, and in vivo alveolar fluid clearance were measured, respectively, using the two-electrode voltage clamp, Ussing chamber, and BSA protein assays. Ca2+ signal in H441 cells was analyzed using Fluo 4AM. Results The rate of in vivo AFC was reduced significantly (40.6 ± 6.3% of control, P Ca3.1 (1-EBIO and KATP (minoxidil channel openers significantly recovered AFC. In addition to short-circuit current (Isc in intact H441 monolayers, both apical and basolateral Isc levels were reduced by verapamil in permeabilized monolayers. Moreover, verapamil significantly altered Ca2+ signal evoked by ionomycin in H441 cells. Depletion of cytosolic Ca2+ in αβγ ENaC-expressing oocytes completely abolished verapamil-induced inhibition. Intriguingly, KV (pyrithione-Na, K Ca3.1 (1-EBIO, and KATP (minoxidil channel openers almost completely restored the verapamil-induced decrease in Isc levels by diversely up-regulating apical and basolateral Na+ and K+ transport pathways. Conclusions Our observations demonstrate that K+ channel openers are capable of rescuing reduced vectorial Na+ transport across lung epithelial cells with impaired Ca2+ signal.

  8. FINANCIAL SYSTEM OF JAPAN: THE LEGAL REGULATION OF DISPUTES BETWEEN FINANCIAL SERVICES PROVIDERS AND CONSUMERS

    E. E. Frolova

    2018-01-01

    Full Text Available Purpose: the article examines the main problems associated the regulatory acts of Japan – The Financial Instruments and Exchange Act, The Banking Act, The  Insurance Business Act, lists the types of financial disputes subject to alternative settlement, identified the parties to the financial dispute. To achieve this goal, the article must solve the following tasks: to determine whether there are institutions in Japan that provide services for resolving financial disputes; to investigate the main problems associated with the definition of the concept and types of financial dispute, the conditions for the transfer of a financial dispute to the competent authority.Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia.Results: acts of Japan – The Financial Instruments and Exchange Act, The Banking Act, The Insurance Business Act, – refer to financial disputesdisputes resolved by "Designated Dispute Resolution Organizations", the so-called "financial DDRO". Financial disputes are disputes between suppliers and consumers of financial services. The Financial Instruments and Exchange Act details the persons, whose activities fall within the definition of financial provider services. A brief list of financial service providers is available on the website of Japan's main financial regulator, the Financial Services Agency. The list include: Japanese banking institutions, branches and representative offices of foreign banks, business operators of financial instruments, insurance companies, trust companies, financial markets, foreign audit firms. However, unlike other countries of the Asia-Pacific region, consumers of financial services can be both physical and legal entities.Conclusions and Relevance: the materials presented in the article show the special role of "Designated Dispute Resolution

  9. Forms and causes of labor disputes

    Denada Keçiçi

    2016-07-01

    Full Text Available Labor disputes can be small or large, individual or collective, refer to a particular job or lie in more than one enterprise. The causes of these disputes are numerous and diverse, ranging from a simple appeal of one individual employee for the right of compensation, in a collective complaint of the employees about the unsafe or unhealthy conditions of work, or termination of work by all employees in a workplace, claiming that they are prevented from setting up a union to protect their interests. The product of this process is a binding agreement for its implementation and is the result of ongoing cooperation between employees and employers based on consensual decision. Organizations of employees are important actors of collective conflict resolution procedures of labor relations, and particularly those held in the offices of reconciliation, should revitalize their role.

  10. Disputing strategies in medieval Scandinavia

    Orning, Hans Jacob

    In Scandinavia the study of disputes is still a relatively new topic: The papers offered here discuss how conflicts were handled in Scandinavian societies in the Middle Ages before the emergence of strong centralized states. What strategies did people use to contest power, property, rights, honour...... studies. With introductory sections on social structure, sources materials, and the historiography of Scandinavian dispute studies....

  11. Restoration of high-resolution AFM images captured with broken probes

    Wang, Y. F.; Corrigan, D.; Forman, C.; Jarvis, S.; Kokaram, A.

    2012-03-01

    A type of artefact is induced by damage of the scanning probe when the Atomic Force Microscope (AFM) captures a material surface structure with nanoscale resolution. This artefact has a dramatic form of distortion rather than the traditional blurring artefacts. Practically, it is not easy to prevent the damage of the scanning probe. However, by using natural image deblurring techniques in image processing domain, a comparatively reliable estimation of the real sample surface structure can be generated. This paper introduces a novel Hough Transform technique as well as a Bayesian deblurring algorithm to remove this type of artefact. The deblurring result is successful at removing blur artefacts in the AFM artefact images. And the details of the fibril surface topography are well preserved.

  12. 21 CFR 312.48 - Dispute resolution.

    2010-04-01

    ... division in FDA's Center for Drug Evaluation and Research or Center for Biologics Evaluation and Research which is responsible for review of the IND, beginning with the consumer safety officer assigned to the... director of the division in FDA's Center for Drug Evaluation and Research or Center for Biologics...

  13. Investigating alternative dispute resolution methods and the ...

    This article investigates the current knowledge, implementation and benefits of ADR within the South African built environment. The focus population of the study is architectural professionals, as defined by the South African Council for the Architectural Profession (SACAP). A questionnaire was distributed among 581 ...

  14. Ethiopian customary dispute resolution mechanisms: Forms of ...

    important role in resolving crimes of any kind and maintaining peace and stability in the ..... of criminal conflicts is known as Victim-Offender Mediation (Umbreit. 2009:216–217). ..... Moreover, the theory of legal pluralism can be used as a basis ...

  15. Investigating alternative dispute resolution methods and the ...

    provide a clear definition; 69.4% of architectural professionals do not discuss. ADR methods ..... The study used a quantitative research approach, as the research involves .... questions. The findings of the data might also identify possible gaps.

  16. Sita's Trousseau: restorative justice, domestic violence, and South Asian culture.

    Goel, Rashmi

    2005-05-01

    This article focuses on the particular cultural factors that affect South Asian women who are abused and immigrant South Asian women who are abused, in particular, in the restorative justice process. By exploring cultural practices and the icon of Sita, the mythological heroine of the Ramayana, this article demonstrates how the South Asian ideals of womanhood and wifehood help to create a mind-set whereby South Asian women are reluctant to advocate for themselves and are reluctant to leave. Such a condition is contrary to the conditions and abilities assumed by the restorative justice movement for dispute resolution, inside or outside of domestic violence. It is concluded that restorative justice options are ill-suited to application among immigrant South Asian communities for domestic violence cases.

  17. 77 FR 31682 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    2012-05-29

    ... and business to consumer cross-border electronic commerce disputes. The Working Group is in the process of developing generic ODR procedural rules for resolution of cross-border electronic commerce... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of Private International Law...

  18. 76 FR 65318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    2011-10-20

    ... International Law (ACPIL)--Online Dispute Resolution Study Group Meeting (ODR) The Department of State, Office of Legal Adviser, Office of Private International Law ACPIL online dispute resolution (ODR) study... development of legal instruments for resolving both business to business and business to consumer cross-border...

  19. Case of administrative dispute

    Xhemazie Ibraimi

    2015-11-01

    Full Text Available The activity of administrative bodies includes big numbers of various acts and actions, through which the will of public administration is formed. The will of public administration bodies, expressed in administrative individual and normative acts, in administrative contracts and real acts, finds its reflection in the Constitution, laws and other provisions of legal character. All this activity is not inerrant and therefore, it is not uncontrollable. The supervision of executive activity is subject to political control of administrative acts through authorities designated for this purpose, as well as internal control and the judicial control. The institution of judicial control of administrative acts and actions appears as very important and widely treated in the legal doctrine. The protection of constitutional and legal rights of private persons is accomplished by subjecting administrative activity both to internal administrative control, as well as to the judicial control in accordance with legal provisions. The judicial control of administrative acts represents a constitutional guarantee for citizens to protect their rights through public and fair trial by an independent and impartial court. In this way, the Constitution empowers the common administrative court that invalidates an action or administrative act, but not all administrative acts may be subject to administrative dispute, with the exception of cases against which the administrative conflict cannot be carried out (negative enumeration.

  20. Evaluation of different shadow detection and restoration methods and their impact on vegetation indices using UAV high-resolution imageries over vineyards

    Aboutalebi, M.; Torres-Rua, A. F.; McKee, M.; Kustas, W. P.; Nieto, H.

    2017-12-01

    Shadows are an unavoidable component of high-resolution imagery. Although shadows can be a useful source of information about terrestrial features, they are a hindrance for image processing and lead to misclassification errors and increased uncertainty in defining surface reflectance properties. In precision agriculture activities, shadows may affect the performance of vegetation indices at pixel and plant scales. Thus, it becomes necessary to evaluate existing shadow detection and restoration methods, especially for applications that makes direct use of pixel information to estimate vegetation biomass, leaf area index (LAI), plant water use and stress, chlorophyll content, just to name a few. In this study, four high-resolution imageries captured by the Utah State University - AggieAir Unmanned Aerial Vehicle (UAV) system flown in 2014, 2015, and 2016 over a commercial vineyard located in the California for the USDA-Agricultural Research Service Grape Remote sensing Atmospheric Profile and Evapotranspiration Experiment (GRAPEX) Program are used for shadow detection and restoration. Four different methods for shadow detection are compared: (1) unsupervised classification, (2) supervised classification, (3) index-based method, and (4) physically-based method. Also, two different shadow restoration methods are evaluated: (1) linear correlation correction, and (2) gamma correction. The models' performance is evaluated over two vegetation indices: normalized difference vegetation index (NDVI) and LAI for both sunlit and shadowed pixels. Histogram and analysis of variance (ANOVA) are used as performance indicators. Results indicated that the performance of the supervised classification and the index-based method are better than other methods. In addition, there is a statistical difference between the average of NDVI and LAI on the sunlit and shadowed pixels. Among the shadow restoration methods, gamma correction visually works better than the linear correlation

  1. Settlement of Tax Disputes in the Russian Federation and Germany

    Anastasiya Alexandrovna Konyukhova

    2015-01-01

    Full Text Available This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was borrowed by the Russian tax system. The trial stage of tax dispute settlement in Germany is carried out by specialized courts, forming a two-level system for legal proceedings. Thus, the tax dispute submitted to the Court is settled first by the financial lands courts and then by the higher Federal Financial Court. However, the Federal Financial Court takes into consideration only certain categories of actions listed in the Act (the Regulations of finance courts (Finanzgerichtordnung. In Russia appeals of administrative review of tax conflicts, unlike in the German system, are handled by arbitration and general jurisdiction courts. The Supreme Arbitration Court of the Russian Federation is the supreme judicial body for settling economic disputes and other cases considered by arbitration courts in implementing federal procedural judicial supervision over their activities and provides explanations regarding judicial practices. Arbitration courts established at the level of the Federation to resolve disputes involving commercial entities, e.g. enterprises and entrepreneurs, resolve the bulk of tax disputes. These courts are composed of specially created panels of judges known as bars, i.e. groups of judges who specialize in reviewing taxation cases.

  2. Cross-Border Litigation and ADR Mechanisms in Disputes Concerning Mobile Computing in the EU

    Savin, Andrej

    2011-01-01

    The aim of this paper is to discuss briefly how the EU rules on jurisdiction, choice of law and alternative dispute resolution in civil and commercial matters operate in the context of mobile computing. The article first looks at rules on jurisdiction in commercial disputes, both between businesses...... and between businesses and consumers. It then discusses the choice-of-law issues applicable to mobile computing. Finally, there is an examination of alternative dispute resolution as an alternative to regular courts in transactions involving mobile computing....

  3. ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS

    Ruxandra I. CHIRU

    2017-05-01

    Full Text Available The present study is aimed for the intellectual property rights holders and specialists in intellectual property law, that are invited to use, promote and implement arbitration as a winning alternative means of solving disputes. The author presents the arbitration as the main method of alternative dispute resolution and analyses the conditions in which arbitration may be used for settling disputes related to intellectual property rights. In this respect, the paper largely presents the main conditions: the dispute has to be liable for settlement by means of arbitration, the parties have to conclude an arbitration agreement, the arbitration agreement has to be valid and effective and the dispute has to be included in the provisions of the arbitration agreement. The author also reviews the types of arbitration used by the World Intellectual Property Organization Centre for Arbitration and Mediation, the World Trade Organization, the Romanian Copyright Office and the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, presenting some ruling of arbitral tribunals concerning arbitrability issues.

  4. Disputing strategies in medieval Scandinavia

    Orning, Hans Jacob

    In Scandinavia the study of disputes is still a relatively new topic: The papers offered here discuss how conflicts were handled in Scandinavian societies in the Middle Ages before the emergence of strong centralized states. What strategies did people use to contest power, property, rights, honour......, and other kinds of material or symbolic assets? Seven essays by Scandinavian scholars are supplemented by contributions from Stephen White, John Hudson and Gerd Althoff, to provide a new baseline for discussing both the strategies pursued in the political game and those used to settle local disputes. Using...... practice and process as key analytical concepts, these authors explore formal law and litigation in conjunction with non-formal legal proceedings such as out-of-court mediation, rituals, emotional posturing, and feuding. Their insights place the Northern medieval world in a European context of dispute...

  5. Institut Pasteur v. United States: the AIDS patent dispute, the Contract Disputes Act and the international exchange of scientific data.

    Singer, H L

    1989-01-01

    In the case of Institut Pasteur v. United States, the Institut Pasteur (Pasteur) claimed that the National Cancer Institute (NCI) had breached express and implied contracts to share research on AIDS virus samples provided to NCI by Pasteur. NCI scientists allegedly used the samples to acquire information which allowed NCI to file patent applications for an AIDS blood test kit. The United States Claims Court dismissed the complaint by holding that the Institut Pasteur had not complied with certain administrative procedures required by the Contract Disputes Act before bringing its suit. The United States Court of Appeals for the Federal Circuit reversed the decision of the Claims Court by holding that the disputed contracts did not fit within the scope of the Contract Disputes Act. Soon after the Court of Appeals decision, President Reagan and Prime Minister Chirac announced a settlement agreement whereby the lawsuit was to be dropped, American and French scientists were to share credit for having discovered the AIDS virus, and both parties to the suit were to share the patent rights for the AIDS blood test kit. This settlement suggest that international legal disputes involving urgent scientific and medical matters may require dispute resolution techniques that serve as alternatives to national courts.

  6. Conflict Prevention and Resolution Center (CPRC)

    The Conflict Prevention and Resolution Center is EPA's primary resource for services and expertise in the areas of consensus-building, collaborative problem solving, alternative dispute resolution, and environmental collaboration and conflict resolution.

  7. Supporting Children to Resolve Disputes

    Church, Amelia; Mashford-Scott, Angie; Cohrssen, Caroline

    2018-01-01

    Teacher intervention in children's disputes most commonly features cessation strategies, despite evidence showing the value of modelling problem-solving behaviours. Existing research has categorized strategies used by teachers in early childhood settings, but in this article we aim to illustrate how these practices are realized. Using the method…

  8. 22 CFR 226.90 - Disputes.

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Disputes. 226.90 Section 226.90 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ADMINISTRATION OF ASSISTANCE AWARDS TO U.S. NON-GOVERNMENTAL ORGANIZATIONS Miscellaneous § 226.90 Disputes. (a) Any dispute under or relating to a grant or agreement shall...

  9. 78 FR 64259 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    2013-10-28

    ... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser... resolving both business to business and business to consumer cross-border electronic commerce disputes. The... information. Data from the public is requested pursuant to Pub. L. 99-399 (Omnibus Diplomatic Security and...

  10. Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency

    Fauziyah Fauziyah

    2015-06-01

    Full Text Available Village elections (Pilkades is a direct election procedure and mirrors implementation of democratic life in Indonesia. Article 37 and 38 of the regency Regional Regulation No. 7 of 2006 states that if the Pilkades process turns dispute, the dispute does not stop the next stage. The regency government normatively based on Article 37 guarantees the completion stage of the elections until the inauguration phase and form a team of supervisors who communicate with those who feel aggrieved to get agreement dispute resolution. Until this research is done, there is only one case submitted to the District Court, but then the plaintiffs draw their lawsuit. Dispute settlement pattern research was conducted through interviews and providing information to the bureaucrats and the judiciary in the area of dispute. The involvement of these parties is important that the results of this activity followed up by an independent institution in Pilkades dispute resolution with consideration of existing regional regulations. How To Cite: Fauziyah, F., & Praptianingsih, S. (2015. Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency. Rechtsidee, 2(1, 11-20. doi:http://dx.doi.org/10.21070/jihr.v2i1.8

  11. Dejavniki uspešnosti mediacije v sodnih sporih = Factors of Mediation Success in Court Disputes

    Roberto Biloslavo

    2009-09-01

    Full Text Available A massive decrease in successful mediation procedures at the AlternativeDispute Resolution Department at the District Court in Ljubljanaraises the question of what its causes are. To recognize factorsthat contribute to a successful mediation we did qualitative researchon a sample of nine mediators. It was determined in the research thatthe mediators believe that the factors which greatly influence the decreasein successfulness in mediation procedures are: the manner ofrealization of mediation procedure, phase in which the dispute shouldbe solved with mediations, role of the judge in the phase of startingmediation, suitability of dispute for mediation, possibility to choose amediator, mediator himself, use of method for dispute resolution, separateand joint sessions and payability of mediation procedure. In conclusion,we present guidelines and proposals according to researchfindings.

  12. Decision making in civil disputes

    Victoria Gilliland

    2008-10-01

    Full Text Available The present study investigates the effect of framing and legal role on the propensity to accept a settlement offer by litigants in a simulated legal dispute. Participants were given four different scenarios that factorially combined legal role (plaintiff vs. defendant and frame (positive vs. negative. The results indicated that positively framed litigants were more willing to settle than negatively framed litigants independently of legal role. These results were replicated in a second experiment that also asked participants to state their subjective probability of winning. This revealed that the propensity to settle was a joint function of frame and the perceived chance of winning. In contrast to previous research, no systematic effect of legal role was found. It is concluded that the rate of negotiated settlements of legal disputes may be increased by manipulating both of these factors.

  13. Nationalism: The Media, State, and Public in the Senkaku/Diaoyu Dispute

    2015-03-01

    Spratly Islands Dispute Brunei, China, Malaysia , Philippines, Taiwan, and Vietnam all claim sovereignty over a group of islands, rocks, and reefs in the...South China Sea, known internationally as the Spratly islands. Brunei, Malaysia , Philippines, and Vietnam claim only a portion, while China and...continued its attempt to manage both domestic support and negative consequences over the dispute. In March, the Diet adopted a resolution on the SDI

  14. Real Estate Agent Commission Disputes

    Anida Duarte

    2015-06-01

    Full Text Available The purpose of this study was to examine the relationship among Procuring Cause Law, real estate agent years of experience, and real estate commission disputes. A pilot survey was conducted in the southwestern United States among real estate agents, realtor(s, and brokers. After testing the hypothesis, the decision was made to fail to reject the hypothesis and conclude that real estate agent experience and not Procuring Cause Law produced favorable outcomes in disputes. As a result, the following recommendations were made: (a Agency seller and buyer’s agreements should be used in each transaction to avoid disputes, (b proper expectations and guidelines should be reviewed prior to starting any real estate transaction, (c a checklist may assist in the assurance that all valuable information is reviewed, (d agents could benefit from fully understanding Procuring Cause Law and sharing this information with their clients, (e state and national regulatory requirements of the law could be modified for easier understanding and use, and (f consumers who willfully violate the law could be subject to monetary penalties.

  15. 39 CFR 601.107 - Initial disagreement resolution.

    2010-07-01

    ... communicate, in writing, to the supplier his or her resolution of the disagreement. (c) Alternative dispute resolution. Alternative dispute resolution (ADR) procedures may be used to resolve a disagreement. If the use... disagreement resolution. (a) Definitions. (1) Days. Calendar days; however, any time period will run until a...

  16. Enhancing resolution and contrast in second-harmonic generation microscopy using an advanced maximum likelihood estimation restoration method

    Sivaguru, Mayandi; Kabir, Mohammad M.; Gartia, Manas Ranjan; Biggs, David S. C.; Sivaguru, Barghav S.; Sivaguru, Vignesh A.; Berent, Zachary T.; Wagoner Johnson, Amy J.; Fried, Glenn A.; Liu, Gang Logan; Sadayappan, Sakthivel; Toussaint, Kimani C.

    2017-02-01

    Second-harmonic generation (SHG) microscopy is a label-free imaging technique to study collagenous materials in extracellular matrix environment with high resolution and contrast. However, like many other microscopy techniques, the actual spatial resolution achievable by SHG microscopy is reduced by out-of-focus blur and optical aberrations that degrade particularly the amplitude of the detectable higher spatial frequencies. Being a two-photon scattering process, it is challenging to define a point spread function (PSF) for the SHG imaging modality. As a result, in comparison with other two-photon imaging systems like two-photon fluorescence, it is difficult to apply any PSF-engineering techniques to enhance the experimental spatial resolution closer to the diffraction limit. Here, we present a method to improve the spatial resolution in SHG microscopy using an advanced maximum likelihood estimation (AdvMLE) algorithm to recover the otherwise degraded higher spatial frequencies in an SHG image. Through adaptation and iteration, the AdvMLE algorithm calculates an improved PSF for an SHG image and enhances the spatial resolution by decreasing the full-width-at-halfmaximum (FWHM) by 20%. Similar results are consistently observed for biological tissues with varying SHG sources, such as gold nanoparticles and collagen in porcine feet tendons. By obtaining an experimental transverse spatial resolution of 400 nm, we show that the AdvMLE algorithm brings the practical spatial resolution closer to the theoretical diffraction limit. Our approach is suitable for adaptation in micro-nano CT and MRI imaging, which has the potential to impact diagnosis and treatment of human diseases.

  17. Trend Spotting: NAFTA Disputes After Fifteen Years

    Lawrence L. Herman

    2010-01-01

    Cross-border investment disputes have supplanted trade disputes as the main focus of legal actions under the North American Free Trade Agreement (NAFTA), according to this study. The author finds a growing number of these investment disputes entail challenges by American investors against Canada's provincial, as opposed to federal, laws and regulations. So important constitutional issues need clarifying between Ottawa and the provinces. He notes as party to the treaty, Ottawa must carry the b...

  18. 46 CFR 205.5 - Contracts containing disputes article.

    2010-10-01

    ... 46 Shipping 8 2010-10-01 2010-10-01 false Contracts containing disputes article. 205.5 Section 205... AUDIT APPEALS; POLICY AND PROCEDURE § 205.5 Contracts containing disputes article. When a contract contains a disputes article, the disputes article will govern the bases for negotiating disputes regarding...

  19. Disputes About Disputes: Understanding the South China Sea

    Bill Hayton

    2017-12-01

    Full Text Available Steve Chan. China’s Troubled Waters: Maritime Disputes in Theoretical Perspectives. Cambridge: Cambridge University Press, 2016. Do Thanh Hai. Vietnam and the South China Sea: Politics, Security and Legality. New York: Routledge, 2017. The two books under review here demonstrate some of the diversity of writing within the discipline of international relations. In China’s Troubled Waters: Maritime Disputes in Theoretical Perspectives, political scientist Steve Chan, following Kant, describes his style as “nomothetic,” “which emphasizes attention to classes of events rather than specific episodes” (vii. Strategic and defense studies scholar Do Thanh Hai’s Vietnam and the South China Sea: Politics, Security and Legality is an example of what Chan calls the “idiographic approach,” focusing “on the more unique or specific aspects of the situation” (vii. Chan wants to be able to generalize and compare, and he explicitly eschews narratives of “who did what to whom.” Hai, on the other hand, is keen to make clear that it is China who did something to Vietnam. The most obvious criticism to make of his book is that it is written from an overtly Vietnamese perspective. That is a weakness, but also potentially a draw for those interested in the formulation of Vietnamese policy. Chan writes from an ostensibly neutral position, but, as we shall see, his analysis is rooted within a Chinese world view.

  20. The Body Language Behaviours of the Chairs of the Disputes According to the Disputants

    Caliskan, Nihat

    2009-01-01

    The perception form of the body language behaviours of the session chairs by disputants affects the efficiency of the process. Therefore, it is important to determine the effects of the mimic, gesture, physical appearance and tonality and accent of the chairs on disputants. That research was conducted to clarify how the disputants perceive the…

  1. Divided parents, shared children
    Conflicting approaches to relocation disputes in the USA

    Theresa Glennon

    2008-06-01

    Full Text Available Custody relocation disputes pose intractable dilemmas for courts in a highly mobile society. The custodial parent, most often a woman, seeks self-determination, freedom of movement and a continued custodial relationship with the child. The non-custodial parent seeks to preserve a geographically close relationship with the child. Courts must identify the best interests of the children amidst these multiple and conflicting interests. They make decisions that may determine the course of custodial parents’ lives, affecting remarriage, employment, education, and proximity to family. A narrow doctrinal focus on children’s best interests ignores these key aspects of relocation disputes. This article examines the varied legislative and judicial approaches to relocation disputes in the US and proposed principles for resolution of these disputes. It reviews scholarship analyzing relocation disputes from a wide range of perspectives, including: conflicting social science research; competing ideologies of the post-divorce family; alternative dispute resolution; parents’ constitutional rights; domestic violence victims; and proposals to eliminate geographic presumptions and remedy the economic effect of restraints on relocation. Relocation doctrine in the US should be realigned to address these complex perspectives. States should also assist post-divorce families to support children through the common experience of relocation.

  2. Restoring defect structures in 3C-SiC/Si (001) from spherical aberration-corrected high-resolution transmission electron microscope images by means of deconvolution processing.

    Wen, C; Wan, W; Li, F H; Tang, D

    2015-04-01

    The [110] cross-sectional samples of 3C-SiC/Si (001) were observed with a spherical aberration-corrected 300 kV high-resolution transmission electron microscope. Two images taken not close to the Scherzer focus condition and not representing the projected structures intuitively were utilized for performing the deconvolution. The principle and procedure of image deconvolution and atomic sort recognition are summarized. The defect structure restoration together with the recognition of Si and C atoms from the experimental images has been illustrated. The structure maps of an intrinsic stacking fault in the area of SiC, and of Lomer and 60° shuffle dislocations at the interface have been obtained at atomic level. Copyright © 2015 Elsevier Ltd. All rights reserved.

  3. Implications of the Bakassi conflict resolution for Cameroon

    and resolution, examines the geopolitics of the Bakassi dispute between Nigeria ... its entire set of border-related disputes with Nigeria to the International Court of Justice ..... reflected its cost-effectiveness when compared with the alternative of conflict resolution. He urged that it should represent a model for the resolution of.

  4. Collective Labor Disputes and Strikes in Russia: The Impact of Judicial Precedents and Enforcement

    Elena Gerasimova

    2017-01-01

    Full Text Available The right to strike is recognized in the Constitution and the Labor Code of the Russian Federation as a means to resolve collective labor disputes. However, in Russia labor protests come up for discussion much more frequently than strikes. In recent years the number of labor protests in Russia, including various forms of work stoppage, has increased significantly compared to previous years, but the number of legally constituted collective labor disputes and strikes has remained very low. The legislation on resolution of collective labor disputes and mounting strikes is quite restrictive in Russia, and its enforcement also encourages employees to seek alternative ways to settle collective labor conflicts. There is little empirical research on the judicial implementation of these norms and its influence on the enforcement of legislation. Therefore, this paper analyses the reasoning of courts in cases on the legality of strikes, their interpretations of the law, and the impact these decisions have on the enforcement of the legislation on resolution of collective labor disputes and strikes. Our conclusion is that the courts act as another restrictive influence on the resolution of collective labor disputes and the exercise of the right to strike in Russia.

  5. International trade disputes in modern regulatory paradigm

    Tamara Gordeeva

    2013-09-01

    Full Text Available This article studies the latest trends observed in the area of contradictory relations between countries with regard to international trade, which cause changes in the paradigm of international trade disputes. It has been found out that any state of inconsistent relations between the countries is recently characterized as a «trade war». It has been analyzed the notions of «dispute», «conflict», «war» according to international regulatory documents and determined the applicability of these terms depending on a number of criteria. It has been studied the evolution of the objects of international trade disputes since the time of ancient Greece until today, and new trends based on this have been revealed with regard to use of trade policy instruments that cause disputes between countries. Several specific examples of international trade disputes and causes of their occurrence have been considered. A quantitative analysis of international trade disputes in general and in relations between the leading countries in terms of a number of the trade disputes in which they were involved has been performed.

  6. Aspects of the partnerships in the oil industry: remarks on dispute resolution provisions in the Join Operation Agreements-JOA; Aspectos das parcerias na industria do petroleo: consideracoes sobre a solucao de controversias no 'Joint Operating Agreement-JOA'

    Carvalho, Romulo Soares Brillo de [Leite, Tosto e Barros Advogados Associados, Sao Paulo, SP (Brazil)

    2008-07-01

    This essay intends to analyze some aspects of Article 18 of the Joint Operating Agreement model form, drafted by the Association of International Petroleum Negotiators (AIPN) and largely used by members of the international oil and gas industry, including Brazil. We will go through the suggested wording for the arbitration clause, electing arbitration as the dispute resolution mechanism, and the waiver of sovereign immunity by the parties to the agreement. We will proceed with the review of such provisions of the model form clause under Brazilian law, commenting on the lectures provided by legal authors and by the courts of Brazil on the matter. Afterwards, we will briefly analyze the case of Petroleo Brasileiro S.A. - PETROBRAS, the Brazilian state owned oil company, regarding the said subjects. Finally, upon completion of our review, we stress that the current Brazilian scenario is quite favorable to arbitration, which is accompanied by the rise of the notion of flexibility of the sovereign immunity standard, not applicable to cases of 'ius gestionis' acts carried out by subdivisions of the state. (author)

  7. Infanticide for handicapped infants: sometimes it's a metaphysical dispute.

    Long, T A

    1988-01-01

    Since 1973 the practice of infanticide for some severely handicapped newborns has been receiving more open discussion and defence in the literature on medical ethics. A recent and important argument for the permissibility of infanticide relies crucially on a particular concept of personhood that excludes the theological. This paper attempts to show that the dispute between the proponents of infanticide and their religious opponents cannot be resolved because one side's perspective on the infant is shaped by a metaphysics that is emphatically rejected by the other. In such a situation philosophical argument is powerless to bring about a resolution because there can be no refutation of one side by the other. PMID:2969052

  8. 76 FR 55217 - Procedures for Protests and Contracts Dispute

    2011-09-07

    ... an alleged breach of that contract. A contract dispute does not require, as a prerequisite, the...-0840; Amdt. No. 17-1] RIN 2120-AJ82 Procedures for Protests and Contracts Dispute AGENCY: Federal... contract disputes brought against or by the FAA. It also adds a voluntary dispute avoidance and early...

  9. Emotion and ideology in the nuclear dispute

    Hillerbrand, M.

    1982-01-01

    The author attempts to examine the dispute over nuclear energy, not from an isolated viewpoint but from more generous perspectives. He provides parallels to economic theories and above all analyses the social political aspects. Here he reveals that behind the passionate confrontation are not scientific, objective criteria but highly subjective emotions based on everyday experiences. In conclusion the author shows that the nuclear energy dispute is part of a fundamental discussion on the industrial performance society. (orig./HP) [de

  10. The practice of mediation to resolve clinical, bioethical, and medical malpractice disputes.

    Lee, Danny W H; Lai, Paul B S

    2015-12-01

    Mediation is a voluntary process whereby a neutral and impartial third party-t-he mediator--is present to facilitate communication and negotiation between the disputing parties so that amicable settlements can be agreed. Being confidential and non-adversarial in nature, the mediation process and skills are particularly applicable in clinical practice to facilitate challenging communications following adverse events, to assist bioethical decision making and to resolve disputes. Mediation is also a more effective and efficient means of dispute resolution in medical malpractice claims when compared with civil litigation. Health care mediation teams should be set up at individual facilities to provide education and consultation services to frontline staff and patients. At a community level, the Government, the mediation community, and the health care professionals should join forces to promote mediation as a means to settle medical malpractice claims outside of the courtroom.

  11. Evaluation of the third-party mediation mechanism for medical disputes in China.

    Zhao, Min

    2011-09-01

    Medical disputes have been increasing in recent years in China, which cause growing tension between doctors and patients. In many locations, it has started as a practice of exploring diversified dispute settlement methods. Great importance has been attached to the non-lawsuit model through third-party mediation, which might have been led by professional organizations, insurance companies, People's Mediation Committees, or three-level governmental authorities. Those have contributed to a rapid effective resolution of medical disputes. However, there are some deficiencies that need to be addressed and fixed up, thus calling for improvement, such as the lack of a sustainable supporting mechanism, unclear legal status of the mediation institutions and mediation agreements, patching up a quarrel by only compensation.

  12. Industrial Disputes in the Construction Sector

    L.J Perry

    2012-11-01

    Full Text Available The Cole Royal Commission enquiry into the building and construction (abbreviated to ‘construction’ sector recommended controversial workplace-relation reforms for that sector. The recommended changes are likely to be enshrined in legislation within the year. The Commission drew on analyses of industrial disputes that focused, in the main, on quite recent experience. This paper attempts to give a broader historical perspective on disputes in that sector by considering the pattern of disputes for the entire post-World War II period. Accordingly, data on disputes and employees during the entire period are gathered from Australian Bureau of Statistics current and archived sources. These data are classified according to sector (construction versus non-construction and analysed. It is found that the strike rate has, on average, been greater in the construction sector than in the non-construction sector. However, there have been periods during which disputes in the construction sector have been relatively low. The most recent period was during the period of the Accord (1983-96, during which the strike rate in the construction sector fell relatively strongly. The analysis of this relatively broad historical period draws attention, among other things, to the possibility that the sort of strategies employed during the Accord years – strategies of cooperation and consensus building – may provide a more effective means of bringing industrial peace to the workplace relations scene of the construction sector than policies that are relatively confrontational.

  13. Effects of victim presence and coercion in restorative justice: An experimental paradigm.

    Saulnier, Alana; Sivasubramaniam, Diane

    2015-08-01

    There is little experimental work examining the ways in which particular procedural features of restorative justice impact offenders. This research describes a new experimental paradigm designed to advance knowledge about causal relationships in restorative justice settings. Apologizing is a core component of restorative procedures, and can result in beneficial outcomes, but previous research suggests that coercion to apologize and the absence of victims in restorative procedures may negatively impact these outcomes. The experimental procedure elicited confessions and apologies for a transgression from participants (N = 101) in a deceptive paradigm. We manipulated coercion (coerced, not coerced) and victim presence (direct, surrogate, ambiguous) to test their effects on offenders' subjective experiences of offering an apology, as well as their effects on the quality of offenders' apologies. Findings indicated that the victim presence and coercion manipulations significantly impacted some of the subjective perceptions of apologizers, including perceptions of accountability and transgression finality. In addition, independent raters evaluated the degree to which the transgressor's apologies conveyed remorse, acceptance of guilt, and potential for dispute resolution. Victim presence and coercion consistently affected the ability of transgressors to convey high quality apologies. Implications for future research and restorative procedures are discussed. (c) 2015 APA, all rights reserved).

  14. 10 CFR 1023.8 - Alternative dispute resolution (ADR).

    2010-01-01

    ... (time and procedurally limited) trial with one-judge; summary binding (non-appealable) bench decision... resolve problems in a way that the remaining performance is eased and improved. For these reasons, the... provide ADR services and such services may be furnished whenever they are warranted by the overall best...

  15. Christianity’s Role in Dispute Resolution in Mozambique

    van de Kamp, L.J.; Jacobs, Carolien

    2014-01-01

    Religion is often portrayed as either a source of conflict or as a source of peace and reconciliation. In this paper we explore the role of religion in day-to-day conflicts in different regions of Mozambique, in Maputo and Gorongosa. We analyse the factors that are of importance in determining

  16. 48 CFR 633.214-70 - Alternative dispute resolution.

    2010-10-01

    ... situations; (vi) There is a need for independent expert analysis; or, (vii) The claim has merit but its value... of either the trial's conclusion or receipt of a trial transcript. (4) Mediation. Mediation is a... decisionmaking authority and cannot impose a decision. Mediation assistance involves working with the parties to...

  17. 40 CFR 131.7 - Dispute resolution mechanism.

    2010-07-01

    ... pertaining to the effects of differing water quality permit requirements on upstream and downstream... employees shall act independently from the normal hierarchy within their agency. (iv) The parties are not...

  18. 76 FR 64124 - Implementation of the Alternative Dispute Resolution Program

    2011-10-17

    ... mission to protect the public health and safety and the environment? 2. Pre-investigation ADR is limited.... Are the mediators familiar with the NRC regulatory environment? 13. What are some areas that present.... Are the mediators familiar with the NRC regulatory environment? 13. What are some areas of this...

  19. 20 CFR 404.2127 - Resolution of disputes.

    2010-04-01

    ....2127 Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL OLD-AGE, SURVIVORS AND DISABILITY... Health and Human Services' Departmental Appeals Board within 30 days after receiving the Commissioner's... Commissioner's decision will be final and conclusive. There is no right of appeal to the Departmental Appeals...

  20. 40 CFR 85.2117 - Warranty and dispute resolution.

    2010-07-01

    ... contained in appendix II of this subpart which are based on Commercial Arbitration Rules published by the... resort to an appropriate federal district court or state court, subject to the established rules of that court regarding subject matter jurisdiction and personal jurisdiction. (5) If the vehicle manufacturer...

  1. "Health care litigation: the arbitration alternative for dispute resolution.".

    Barnett, M R

    1989-01-01

    In the recent case of Gross v. Recabaren, the California Court of Appeal issued a decision favorable to physicians on the question of a patient's ability to bind his or her spouse to arbitrate claims for loss of consortium.

  2. The Anglo-Iranian oil dispute

    Ferrier, R.W.

    1988-01-01

    This paper traces the history of the Anglo-Iranian oil dispute. It is short-sighted to consider the Anglo-Iranian oil dispute just as a contest between Musaddiq and the AIOC: it is of wider and greater significance. The dispute illustrates a transitional phase in the difficult process of the adjustment of relations between industrialized and less developed societies for the exploitation of raw materials. Oil was already becoming a political and economic factor at the end of the Qajar period and became important during the reign of Riza Shah with his emphasis on a national program of modernization. After more attention had been focused on it during the second world war it was inevitable that it would increase in influence. The issues of the oil dispute referred back to the concessional controversies of the late nineteenth century in tobacco, mining, communications, utilities, banking even gambling, with their political and social implications; and they referred forward to the issues of the sovereignty of national resources, the transfer of technology and economic growth in relation to the standard of living. These are aspects of the North-South debate, which have yet to be satisfactorily resolved

  3. Judicial aspects of emission trade. Disputes

    Bitter, J.W.

    2004-01-01

    Emission trade will start in Europe in 2005. In a series of articles an overview will be given of several juridical aspects with respect to the international and national trade of emission. In this last part attention will be paid to settlement of disputes in emissions trade [nl

  4. 22 CFR 192.33 - Dispute.

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Dispute. 192.33 Section 192.33 Foreign Relations DEPARTMENT OF STATE HOSTAGE RELIEF VICTIMS OF TERRORISM COMPENSATION Medical Benefits for Captive... Director, Department of State, for a determination. If the person bringing the claim is not satisfied with...

  5. Contested hydrosocial territories and disputed water governance

    Hommes, Lena; Boelens, Rutgerd; Maat, Harro

    2016-01-01

    Dam development in southeastern Turkey is a highly-disputed issue, fanned by the Turkish-Kurdish conflict, socio-environmental and historical-cultural concerns, and international geopolitical interests. This paper focuses on discussions around the Ilisu Dam and shows how different actor

  6. Disputes and conflicts over water in Africa

    Ashton, PJ

    2007-01-01

    Full Text Available for water across the African continent, this paper briefly discusses the types of situations where disputes or conflicts have occurred over access to water. Specific consideration is given to the need for African countries to develop new collaborative...

  7. 44 CFR 327.4 - Disputes.

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Disputes. 327.4 Section 327.4 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY PREPAREDNESS POLICY ON USE OF GOVERNMENT-OWNED INDUSTRIAL PLANT EQUIPMENT BY PRIVATE INDUSTRY (DMO-10A) § 327.4...

  8. Phenomenological futures in dispute: Emmanuel Levinas, Jacques ...

    In an inconclusive summary, the paper returns to the point of departure, the first version of a relation of non-relation, in a disputed connection to be set out between philosophy, a politics of exclusion, and psychoanalytical accounts of political investment. The paper seeks to locate a relation of non-relation, both in the failed ...

  9. Briefing : the Eritrean-Ethiopian border dispute

    Abbink, G.J.

    1998-01-01

    On 6 May 1998, a violent conflict erupted in the Ethiopian-Eritrean border area. This article contends that this border crisis is neither unexpected nor the result of a real border dispute. Rather, it is due to three factors: the particular history and relationship of the two insurgent movements

  10. 10 CFR 904.13 - Disputes.

    2010-01-01

    ... disputing Contractor's remedy lies with the appropriate Federal court. Any claim that a final decision of... Federal court of competent jurisdiction within one (1) year after final refusal by the Administrator to... Commercial Arbitration Rules of the American Arbitration Association. The two arbitrators thus selected shall...

  11. 43 CFR 431.8 - Disputes.

    2010-10-01

    ... decision becoming final, the disputing Contractor's remedy lies with the appropriate Federal court. Any... such claim is filed in a Federal court of competent jurisdiction within one year after final refusal by... arbitrator shall be named as provided in the Commercial Arbitration Rules of the American Arbitration...

  12. Futility Disputes: A Review of the Literature and Proposed Model for Dispute Navigation Through Trust Building.

    Leland, Brian D; Torke, Alexia M; Wocial, Lucia D; Helft, Paul R

    2017-10-01

    Futility disputes in the intensive care unit setting have received significant attention in the literature over the past several years. Although the idea of improving communication in an attempt to resolve these challenging situations has been regularly discussed, the concept and role of trust building as the means by which communication improves and disputes are best navigated is largely absent. We take this opportunity to review the current literature on futility disputes and argue the important role of broken trust in these encounters, highlighting current evidence establishing the necessity and utility of trust in both medical decision-making and effective communication. Finally, we propose a futility dispute navigation model built upon improved communication through trust building.

  13. 76 FR 2035 - Procedures for Protests and Contracts Dispute

    2011-01-12

    ... an alleged breach of that contract. A contract dispute does not require, as a prerequisite, the...-0840; Notice No. 10-18] RIN 2120-AJ82 Procedures for Protests and Contracts Dispute AGENCY: Federal... brought against the FAA and contract disputes brought against or by the FAA. It would also add a voluntary...

  14. The South China Sea Dispute: Perspective of International Law

    Ma, Xuechan

    2016-01-01

    This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of dispute. Finally, it analyzes the arbitration case between the Philippines and China.

  15. The Line between Peaceful Settlement of Disputes and the Use of Force in International Law

    Oana Cristina Necula

    2012-12-01

    Full Text Available In this article, we attempt to analyze the evolution of a conflictual situation between atleast two international parties, examining each stage involved, with focus on peaceful solutions.However, what we observe is that no all disputes can be resolved through the use of common peacefulmeans. Refusing to accept violet methods of international conflict resolution and expressing faith inhuman values, freedom and fundamental rights of people, we believe that, in cases like these,imposing peaceful coercive measures in order to restore cooperation between states, becomesnecessary. These actions specifically, represent the subject of this paper. First and foremost, we mustunderstand that the international system is not a stand-alone one, butone that has evolved over theyears from tribes, empires and colonies, being at this moment composed of sovereign nation states,most of them allies as part of inter-governmental organizations. We are currently witnessing thecreating of a new subject of international law-the European Union-which does not aim to become anational state, an inter-state organization, or a federation of states. It selectively combines the featuresof these, creating a whole new international entity, whose evolution is still unknown, but that willundoubtedly change the system certainly in a gradual manner.In the midst of all thesetransformations of the international world lie the differences between mentalities and humanbehavior, or maybe even the similarities between them. These get translated into conflicts and theirresolution is intended to be as least invasive as possible, eventually leading to the development oflegal instruments designed to protect the freedom and sovereignty of the parties involved.

  16. The development of conflict resolution practices in Irish workplaces

    Roche William K.

    2016-01-01

    This paper examines the development of procedures for conflict resolution in workplaces in Ireland and the more recent emergence of alternative dispute resolution (ADR) practices. Based on a synthesis of data from a series of studies and on a review of reports of conflict resolution innovations, the paper shows how conventional procedures for resolving collective disputes and individual employment grievances had become almost standard by the 1980s, while a series of ADR practices became featu...

  17. Negotiating dispute settlement in the international petroleum industry: the international chamber of commerce

    Bond, S.R.

    1994-01-01

    In general, arbitration continues to be more rapid and less expensive than litigation and has other advantages in international dispute resolution. Elements which should be considered in drafting and negotiating an arbitration clause are discussed. A pragmatic basis for this is supplied by an analysis of arbitration clauses in the 237 cases submitted to the International Chamber of Commerce Court of Arbitration in 1987 and the 215 submitted in 1989. (UK)

  18. Content disputes in Wikipedia reflect geopolitical instability.

    Apic, Gordana; Betts, Matthew J; Russell, Robert B

    2011-01-01

    Indicators that rank countries according socioeconomic measurements are important tools for regional development and political reform. Those currently in widespread use are sometimes criticized for a lack of reproducibility or the inability to compare values over time, necessitating simple, fast and systematic measures. Here, we applied the 'guilt by association' principle often used in biological networks to the information network within the online encyclopedia Wikipedia to create an indicator quantifying the degree to which pages linked to a country are disputed by contributors. The indicator correlates with metrics of governance, political or economic stability about as well as they correlate with each other, and though faster and simpler, it is remarkably stable over time despite constant changes in the underlying disputes. For some countries, changes over a four year period appear to correlate with world events related to conflicts or economic problems.

  19. Content disputes in Wikipedia reflect geopolitical instability.

    Gordana Apic

    Full Text Available Indicators that rank countries according socioeconomic measurements are important tools for regional development and political reform. Those currently in widespread use are sometimes criticized for a lack of reproducibility or the inability to compare values over time, necessitating simple, fast and systematic measures. Here, we applied the 'guilt by association' principle often used in biological networks to the information network within the online encyclopedia Wikipedia to create an indicator quantifying the degree to which pages linked to a country are disputed by contributors. The indicator correlates with metrics of governance, political or economic stability about as well as they correlate with each other, and though faster and simpler, it is remarkably stable over time despite constant changes in the underlying disputes. For some countries, changes over a four year period appear to correlate with world events related to conflicts or economic problems.

  20. Past and Present Resource Disputes in the South China Sea: The Case of Reed Bank

    Micah S. Muscolino

    2013-09-01

    Full Text Available In 2012, tensions flared between China and the Philippines over plans to drill for oil in the Reed Bank, a disputed shoal in the South China Sea, rekindling fears about the possibility of military conflict over the area’s energy resources. This article shows that international controversy centering on the Reed Bank’s hydrocarbon reserves initially emerged during the oil crisis of the 1970s, when the pursuit of energy resources transformed the islets into a hotly contested area. As in recent years, oil exploration by multinational corporations in conjunction with the Philippines catalyzed international disputes. Vigorous protests from China and other nations that lay claim to territories in the South China Sea prompted the Philippines to assert its own jurisdictional claims. The territorial dispute pushed claimants to the brink of military confrontation in the 1970s, yet armed conflict failed to materialize. By examining the initial round of tensions surrounding oil exploration at Reed Bank, this article situates the current international competition for the South China Sea’s energy resources in historical perspective. Analyzing past disputes and their ultimate resolution offers insights into the dynamics of present tensions, while making it possible to critically engage with arguments predicting future “resource wars” in the South China Sea.

  1. The procedure of dispute settlement in the atomic energy cooperation agreement

    Hyung, Sang Cheol

    2010-01-01

    'UN Charter' Article 33 writes; the parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. And 'THE AGREEMENT OF 31 OCTOBER 1975 BETWEEN THE REPUBLIC OF KOREA AND THE AGENCY FOR THE APPLICATION OF SAFEGUARDS IN CONNECTION WITH THE TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS' (INFCIRC/236) writes ; Any dispute arising out of the interpretation or application of this Agreement, except a dispute with regard to a finding by the Board under Article 19 or an action taken by the Board pursuant to such a finding, which is not settled by negotiation or another procedure agreed to by the Government of the Republic of Korea and the Agency shall, at the request of either, be submitted to an arbitral tribunal as above mentioned, the disagreeing parties prefer alternative dispute resolution, abbreviated ADR, to litigation. So we need to study the ADR

  2. Countering China’s Maritime Territorial Disputes

    2017-03-31

    television, newspaper, and social media campaigns. Media warfare is one of the domains through which China conducts psychological and legal warfare. The...resolve regional economic, social , and cultural issues through intergovernmental cooperation among its members. All of the South China Sea claimants are...influence the Senkaku Island dispute, and in 2012, China restricted produce trade and tourism trade with the Republic of the Philippines in order to

  3. Parental Experiences of Dealing with Disputes in Additional Support Needs in Scotland: Why Are Parents Not Engaging with Mediation?

    Wright, Kevin; Stead, Joan; Riddell, Sheila; Weedon, Elisabet

    2012-01-01

    Partnerships with parents, particularly in the field of education, have featured prominently in policy rhetoric for many years, but routes of redress have not had much attention until relatively recently. The development of Alternative Dispute Resolution in the UK reflects the situation in several jurisdictions (e.g. Norway, Germany, the…

  4. 77 FR 58607 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    2012-09-21

    ... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser... UNCITRAL ODR Working Group, scheduled for November 5-9 in Vienna, and will specifically address security issues relating to the use of the ODR Rules, including measures to address the risk of fraud involving...

  5. 77 FR 23318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL); Online Dispute...

    2012-04-18

    ... International Law (ACPIL); Online Dispute Resolution (ODR) Study Group Meeting The Office of Private International Law, Office of the Legal Adviser, Department of State hereby gives notice that the ACPIL Online... charged with the development of legal instruments for resolving both business to business and business to...

  6. Winning the Passion and Emotion in Family Conflicts: Reconciliation and Mediation as a Viable Solution to Disputes Involving Family Law

    José Sebastião de Oliveira

    2016-06-01

    Full Text Available The scope of the present study is to analyse the importance of the institutes of reconciliation and mediation in disputes involving family law, as a way towards social pacification, even thow it is common that parties, in such cases, come in hot headed. The reconciliation method has its focus set on the rapid and effective resolution of disputes, while the mediation method has a larger goal, which is the pacification of family conflict. This second method (mediation aims to arouse the interest of the parties in solving the problem of family reorganization

  7. Litigation and the Timing of Settlement: Evidence from Commercial Disputes

    Peter Grajzl; Katarina Zajc

    2015-01-01

    Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to study how the timing of settlement is shaped by the stages and features of the litigation process. Using competing risk regression analysis, we find that events such as court-annexed mediation and the first court session, which enable the disputing parties to ...

  8. Future Scenarios of the South China Sea Maritime Disputes

    Shee, Poon Kim

    2014-01-01

    The focus of this paper is to analyze three future scenarios in the maritime disputes in the South China Sea. These namely are No War Scenario, Impasse Scenario and Peace Scenario. Ultimately, the way forward towards a viable solution to resolving the South China Sea maritime disputes between China and other claimant states depends on the political wisdom, will and determination of the disputing states. Lofty nationalistic aspirations have to be tempered with a degree of flexibility and pragm...

  9. Defining Marriage: Classification, Interpretation, and Definitional Disputes

    Fabrizio Macagno

    2016-09-01

    Full Text Available The classification of a state of affairs under a legal category can be considered as a kind of con- densed decision that can be made explicit, analyzed, and assessed us- ing argumentation schemes. In this paper, the controversial conflict of opinions concerning the nature of “marriage” in Obergefell v. Hodges is analyzed pointing out the dialecti- cal strategies used for addressing the interpretive doubts. The dispute about the same-sex couples’ right to marry hides a much deeper disa- greement not only about what mar- riage is, but more importantly about the dialectical rules for defining it.

  10. Financial System of Malaysia: the Concept of Financial Dispute

    Evgenia E. Frolova

    2017-01-01

    Full Text Available Purpose: the article examines the main problems associated the new regulatory acts of Malaysia – the Financial Services Act of 2013 and the Islamic Financial Services Act of 2013; The characteristics of the legal status of the "Ombudsman for financial services" are listed, types of financial disputes subject to settlement under the "financial ombudsman scheme" are listed, parties to the financial dispute are identified. To achieve this goal, the article must solve the following tasks: to determine whether there are institutions in Malaysia that provide services for resolving financial disputes; to investigate the main problems associated with the definition of the concept and types of financial dispute, the conditions for the transfer of a financial dispute to the competent authority. Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia. Results: according to the provisions of the new laws of Malaysia, namely the Financial Services Act of 2013 and the Islamic Financial Services Act of 2013, a financial dispute should be understood as a dispute, to which the parties are a financial consumer and a financial service provider provider. Financial disputes include disputes in the field of insurance and Islamic insurance, as well as disputes over bank cards, bank accounts, ATMs, Internet banking, mobile banking, and others. The main body for the settlement of financial disputes is the Financial Ombudsman. The competence of the financial ombudsman is limited by the amount of the claim of 250,000 ringgit (about 4.5 million rubles, under insurance claims – 10,000 ringgit, in the field of unauthorized transactions – 25,000 ringgit. The procedure for resolving a financial dispute, which in Malaysia is referred to as the "scheme of a financial ombudsman", is established by the Central Bank of Malaysia

  11. The South China Sea Dispute : Perspective of International Law

    Ma, Xuechan

    2016-01-01

    This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of

  12. Transparency and public participation in WTO dispute settlement

    Ahlborn, C.S.; Pfitzer, J.H.

    2009-01-01

    In order to offer a comprehensive analysis of transparency and public participation in the WTO dispute settlement system, this memorandum first considers the current participatory practice throughout the various steps of the dispute settlement process. Secondly, the current state of the DSU

  13. Public private partnership construction project disputes in Nigeria ...

    This research examines the possibility of operating a smooth Public Private Partnership (PPP) project for the entire concession period following financial closure, without recourse to litigation or arbitration for settlement of disputes by studying the causes and effects of disputes in construction projects procured in Nigeria ...

  14. Conciliation as the traditional method of disputes settlement in PRC

    Svetlana F. Litvinova

    2011-12-01

    Full Text Available The author of the article researches one of the peculiarities of civil disputes settlement in China. This peculiarity is the conciliatory method that is used during disputes settlement. The using of the method is based on Confucianism. The content of the method has been viewed in the article.

  15. 46 CFR 5.71 - Maritime labor disputes.

    2010-10-01

    ... 46 Shipping 1 2010-10-01 2010-10-01 false Maritime labor disputes. 5.71 Section 5.71 Shipping... REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.71 Maritime labor disputes. Under no circumstances will the Coast Guard exercise its authority for the purpose of favoring any party to a maritime...

  16. FEATURES OF WTO DISPUTE SETTLEMENT. THE STANDING OF THE EU

    Costin Horia Rogoveanu

    2010-09-01

    Full Text Available The WTO has an innovative system of dispute settlement, with the following features: sui-generis, integrated, resolving the disputes according to the WTO agreements, excluding unilateral solutions, interstate system. These features are detailed in the present article. Another level of analysis concerns the standing of the EU in the WTO, in general, and in the Geneva proceedings for dispute settlement, in particular. Generated by the quality of the European Communities statute as an original member of the Organisation, the EU has become one of the main users of the WTO dispute settlement system. One of the main challenges of the WTO dispute settlement mechanism is the implementation of decisions. In view of the cases assessed, while the execution record of the EU is a quite satisfactory one, it is apparent that implementation of decisions in more intricate cases creates difficulties at the Union level.

  17. Baseline restoration using current conveyors

    Morgado, A.M.L.S.; Simoes, J.B.; Correia, C.M.

    1996-01-01

    A good performance of high resolution nuclear spectrometry systems, at high pulse rates, demands restoration of baseline between pulses, in order to remove rate dependent baseline shifts. This restoration is performed by circuits named baseline restorers (BLRs) which also remove low frequency noise, such as power supply hum and detector microphonics. This paper presents simple circuits for baseline restoration based on a commercial current conveyor (CCII01). Tests were performed, on two circuits, with periodic trapezoidal shaped pulses in order to measure the baseline restoration for several pulse rates and restorer duty cycles. For the current conveyor based Robinson restorer, the peak shift was less than 10 mV, for duty cycles up to 60%, at high pulse rates. Duty cycles up to 80% were also tested, being the maximum peak shift 21 mV. The peak shift for the current conveyor based Grubic restorer was also measured. The maximum value found was 30 mV at 82% duty cycle. Keeping the duty cycle below 60% improves greatly the restorer performance. The ability of both baseline restorer architectures to reject low frequency modulation is also measured, with good results on both circuits

  18. Lessons learned from Ontario wind energy disputes

    Fast, Stewart; Mabee, Warren; Baxter, Jamie; Christidis, Tanya; Driver, Liz; Hill, Stephen; McMurtry, J. J.; Tomkow, Melody

    2016-02-01

    Issues concerning the social acceptance of wind energy are major challenges for policy-makers, communities and wind developers. They also impact the legitimacy of societal decisions to pursue wind energy. Here we set out to identify and assess the factors that lead to wind energy disputes in Ontario, Canada, a region of the world that has experienced a rapid increase in the development of wind energy. Based on our expertise as a group comprising social scientists, a community representative and a wind industry advocate engaged in the Ontario wind energy situation, we explore and suggest recommendations based on four key factors: socially mediated health concerns, the distribution of financial benefits, lack of meaningful engagement and failure to treat landscape concerns seriously. Ontario's recent change from a feed-in-tariff-based renewable electricity procurement process to a competitive bid process, albeit with more attention to community engagement, will only partially address these concerns.

  19. Interim restorations.

    Gratton, David G; Aquilino, Steven A

    2004-04-01

    Interim restorations are a critical component of fixed prosthodontic treatment, biologically and biomechanically. Interim restoration serves an important diagnostic role as a functional and esthetic try-in and as a blueprint for the design of the definitive prosthesis. When selecting materials for any interim restoration, clinicians must consider physical properties, handling properties, patient acceptance, and material cost. Although no single material meets all the requirements and material classification alone of a given product is not a predictor of clinical performance, bis-acryl materials are typically best suited to single-unit restorations, and poly(methylmethacrylate) interim materials are generally ideal for multi-unit, complex, long-term, interim fixed prostheses. As with most dental procedures, the technique used for fabrication has a greater effect on the final result than the specific material chosen.

  20. Restoring forests

    Jacobs, Douglass F.; Oliet, Juan A.; Aronson, James

    2015-01-01

    of land requiring restoration implies the need for spatial prioritization of restoration efforts according to cost-benefit analyses that include ecological risks. To design resistant and resilient ecosystems that can adapt to emerging circumstances, an adaptive management approach is needed. Global change......, in particular, imparts a high degree of uncertainty about the future ecological and societal conditions of forest ecosystems to be restored, as well as their desired goods and services. We must also reconsider the suite of species incorporated into restoration with the aim of moving toward more stress resistant...... and competitive combinations in the longer term. Non-native species may serve an important role under some circumstances, e.g., to facilitate reintroduction of native species. Propagation and field establishment techniques must promote survival through seedling stress resistance and site preparation. An improved...

  1. Prediction of future dispute concerning nuclear power generation

    1981-04-01

    This investigation is the third research on the public acceptance of nuclear power generation by the National Congress on Social Economics. In this study, how the energy dispute including that concerning nuclear power generation will develop in 1980s and 1990s, how the form of dispute and the point of controversy will change, were predicted. Though the maintenance of the concord of groups strongly regulates the behavior of people, recently they have become to exercise individual rights frequently. The transition to the society of dispute is the natural result of the modernization of society and the increase of richness. The proper prediction of social problems and the planning and execution of proper countermeasures are very important. The background, objective, basic viewpoint, range and procedure of this investigation, the change of social dispute, the history of the dispute concerning nuclear power generation, the basic viewpoint in the prediction of the dispute concerning nuclear power generation, the social situation in 1980s, the prediction and avoidance of the dispute in view of social and energy situations, and the fundamental strategy for seeking a clue to the solution in 1980s and 1990s are described. The establishment of neutral mediation organs and the flexible technologies of nuclear reactors are necessary. (Kako, I.)

  2. Territorial disputes simmer in areas of South China Sea

    Anon.

    1992-01-01

    This paper reports that China's award of an exploration cooperation contact in the Nansha area of the South China Sea has revived territorial disputes in the area centering ton the Spratly and Paracel islands. The key dispute is between China and Viet Nam, which earlier engaged in military action over ownership of the islands, believed to have world class potential for hydrocarbon discoveries. Those two nations, as well as Brunei, Malaysia, Philippines, and Taiwan, lay claim to overlapping boundaries of the Spratly Islands. Separately, China and Viet Nam dispute territorial claims in the Paracels. Tensions continue to mount, and regional governments are trying to negotiate compromises to avoid a repeat of warfare

  3. Let's talk conflict: using mediation in healthcare security disputes.

    Armstrong, Brad

    2013-01-01

    Healthcare security administrators face weekly, if not daily challenges and conflict. This article considers that security leaders must anticipate disputes in highly complex healthcare systems. When disputes cannot be resolved by organizational efforts, security administrators may be in a position to recommend or participate in mediation. Here the concept of mediation is introduced to healthcare security leaders as a viable means to resolve disputes with patients, visitors, and the community. This includes a description of the facilitative versus evaluative mediation processes, as well as pragmatic guidance when preparing for mediation.

  4. The mutual agreement procedure and arbitration of double taxation disputes

    Ilias Bantekas

    2008-01-01

    It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions) of transnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two dispute settlement procedures-the OECD First Model T...

  5. Local conflict resolution strategies and unequal access to justice in Mon State

    Harrisson, Annika Pohl

    2017-01-01

    n Myanmar, a majority of disputes are dealt with through a variety of non-state, traditional, customary, religious and informal dispute-resolution systems. The official formal justice institutions, such as the police or state courts, are associated with high levels of corruption and inefficiency...

  6. Arbitrability limitation in consumer (B2C disputes? : Consumers´ protection as legal and economic phenomenon

    Alexander J. Bělohlávek

    2012-10-01

    Full Text Available Protection of consumers became a phenomenon of many governmental politics. Retrieval of a balance between privat autonomy and protection of a weaker party is very sensitive. The particular degree of consumers protection through limitation of contractual autonomy (in B2C contracts as well as procedural autonomy (regarding B2C dispute resolution mechanisms, as chosen by particular governments, has both legal and economic effects, in positive and negative sense. The European Court of Human Rights adjudicated repeatedly that traditional court litigation is not capable to grant effective protection to contractual claims in many countries. Arbitration is therefore one of possible tools for B2C dispute resolution, even if many countries and obviously the EU Commission followe rather an opposite strategy (keeping down arbitrability of B2C disputes in the opposite to US trends. Arbitration is not a cure-all and definitely not a method suitable for the resolution of any and all types of disputes. It has its proponents as well as opponents. Indeed, it is hard to claim that a particular type (class of disputes is a priori fit to be resolved in arbitration, rather than litigation, or vice versa. This also applies to consumer disputes (disputes from consumer contracts. It is fairly undisputable that consumers deserve a certain degree of specific protection in cases in which they are forced to enter into a particular contract and have no other option than to accept the conditions stipulated by the other party (the professional. But we cannot principally claim that the resolution of these disputes in court would be more suitable than arbitration or any other, the so-called alternative, dispute resolution method (ADR. Despite the basically undisputed importance of and the need for special consumer protection (whether provided by special laws, typically in Europe, or on the basis of general legal principles and the application of general contract law, like in the

  7. ramic restorations

    Ashish R Jain

    2013-01-01

    Full Text Available Rehabilitation of a patient with severely worn dentition after restoring the vertical dimension is a complex procedure and assessment of the vertical dimension is an important aspect in these cases. This clinical report describes the full mouth rehabilitation of a patient who was clinically monitored to evaluate the adaptation to a removable occlusal splint to restore vertical dimension for a period 1 month and provisional restorations to determine esthetic and functional outcome for a period of 3 months. It is necessary to recognizing that form follows function and that anterior teeth play a vital role in the maintenance of oral health. Confirmation of tolerance to changes in the vertical dimension of occlusion (VDO is of paramount importance. Articulated study casts and a diagnostic wax-up can provide important information for the evaluation of treatment options. Alteration of the VDO should be conservative and should not be changed without careful consideration.

  8. Hair restoration.

    Rawnsley, Jeffrey D

    2008-08-01

    The impact of male hair loss as a personal and social marker of aging is tremendous and its persistence as a human concern throughout recorded history places it in the forefront of male concern about the physical signs of aging. Restoration of the frontal hairline has the visual effect of re-establishing facial symmetry and turning back time. Follicular unit transplantation has revolutionized hair restoration, with its focus on redistributing large numbers of genetically stable hair to balding scalp in a natural distribution. Follicular unit hair restoration surgery is a powerful tool for the facial plastic surgeon in male aesthetic facial rejuvenation because it offers high-impact, natural-appearing results with minimal downtime and risk for adverse outcome.

  9. 61 Traditional Settlement of Dispute amongst Ikwerre Ethnic ...

    First Lady

    2013-01-28

    Jan 28, 2013 ... Ogoloma, Fineface I. - Institute of Foundation Studies (IFS), Rivers. State University .... There are many case studies that emphasize Traditional Dispute Settlement in ..... Religion and Social Conflict Management (The case of.

  10. Understanding the Characteristics of Dispute Settlement in Sharia Economic System

    M. Arfin Hamid

    2017-01-01

    One of the most developed areas of Islamic law (sharia) today is “Fiqh Muamalah Iqtishadiyyah” or known as term “Sharia Economics.” The outcomes of the research indicate that the characteristics of sharia dispute are important to be understood by sharia businessmen and law enforcers. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The sharia economic disputes, whether through litigation or...

  11. Oil and Gas Development in Disputed Waters under UNCLOS

    Yiallourides, Constantinos

    2016-01-01

    Maritime delimitation is crucial in determining which coastal States may exercise control and jurisdiction over certain hydrocarbon deposits. Although international law has recently become more precise on the matter, boundary disputes are frequently resolved only after several or even many years. Even while coastal States are in a deadlock over delimitation issues, the need to explore and exploit the disputed areas’ resources remains imperative for reasons of energy security, social welfare a...

  12. ARBITRATION – AN ALTERNATIVE SETTLEMENT OF INTERNATIONAL TRADE DISPUTES

    Gabriel MIHAI

    2016-07-01

    Full Text Available Arbitration is today considered a form of justice adjusted specifically for disputes between traders, representing a special attraction for the business world. Arbitration can be considered as a refuse reflex from the traders to obey close-minded forms of common law procedure, characterized by excessive rigor or conservatism and as an expression of their propensity towards more malleable means of settling disputes, specific to arbitration.

  13. Energy price dispute - companies are confident

    Marcan, P.; Slovak, P.

    2007-01-01

    Energy prices stipulated for 2003 were not compliant with the valid legislation. The Constitutional Court has repeatedly confirmed this fact. The dispute between several Slovak companies and the state will address the damage caused by illegal actions taken by the public authority, including loss of profit. A group of claimants represented by the Club 500 association is claiming up to 2 bil. Sk (57.97 mil. EUR) as compensation for the mistake made by the Office for Regulation of Network Industries (URSO), including the unclear calculation of the lost profit of companies. It will be up to the courts to decide whether the price deregulation really caused damage to the companies or whether they just took advantage of the faulty legislation.The companies base their claims on a decision of the Constitutional Court. Last year the Court twice announced that the 2003 energy prices were not compliant with valid legislation. At that time, Slovakia lacked a generally binding regulation that should have been in place according to the Act on Regulation of Network Industries. Currently, the role of these missing regulations has been taken over by URSO decrees. These stipulate justified costs and adequate profit of energy suppliers. The regulator had such a decree prepared at the end of 2002, but due to material stipulations and time constraints it did not publish it. (authors)

  14. Transparent Restoration

    Barou, L.; Bristogianni, T.; Oikonomopoulou, F.

    2017-01-01

    This paper investigates the application of structural glass in restoration and conservation practices in order to highlight and safeguard our built heritage. Cast glass masonry is introduced in order to consolidate a half-ruined historic tower in Greece, by replacing the original parts of the façade

  15. Site Restoration

    Noynaert, L.; Bruggeman, A.; Cornelissen, R.; Massaut, V.; Rahier, A

    2001-04-01

    The objectives, the programme, and the achievements of the Site Restoration Department of SCK-CEN in 2000 are summarised. Main activities include the decommissioning of the BR3 PWR-reactor as well as other clean-up activities, projects on waste minimisation and activities related to the management of decommissioning projects. The department provides consultancy and services to external organisations.

  16. Site Restoration

    Noynaert, L.; Bruggeman, A.; Cornelissen, R.; Massaut, V.; Rahier, A.

    2001-01-01

    The objectives, the programme, and the achievements of the Site Restoration Department of SCK-CEN in 2000 are summarised. Main activities include the decommissioning of the BR3 PWR-reactor as well as other clean-up activities, projects on waste minimisation and activities related to the management of decommissioning projects. The department provides consultancy and services to external organisations

  17. Restorative neuroscience

    Andres, Robert H; Meyer, Morten; Ducray, Angélique D

    2008-01-01

    There is increasing interest in the search for therapeutic options for diseases and injuries of the central nervous system (CNS), for which currently no effective treatment strategies are available. Replacement of damaged cells and restoration of function can be accomplished by transplantation of...

  18. Environmental Restoration

    Zeevaert, T.; Vanmarcke, H

    1998-07-01

    The objectives of SCK-CEN's programme on environmental restoration are (1) to optimize and validate models for the impact assessment from environmental, radioactive contaminations, including waste disposal or discharge; (2) to support the policy of national authorities for public health and radioactive waste management. Progress and achievements in 1997 are reported.

  19. Using therapeutic jurisprudence and preventive law to examine disputants' best interests in mediating cases about physicians' practices: a guide for medical regulators.

    Ferris, Lorraine E

    2004-01-01

    Therapeutic jurisprudence (TJ) and preventive law (PL) are used as two theoretical perspectives from which to examine the best interests of parties in mediation because of a dispute about a physician's practice. The focus is mediation provided by and/or for the medical regulator. The paper reviews the literature on TJ and PL, and their relationship to mediation, and demonstrates how medical regulators could benefit by working within a framework reflecting both these perspectives providing it does not involve an egregious matter. A TJ and PL framework would be of particular value in identifying cases for mediation and in evaluating resolutions to mediated disputes.

  20. U.S.-India safeguards dispute

    Sweet, W.

    1978-01-01

    The current U.S.-India dispute over nuclear safeguards is likely to be the single most important test of the Carter administration's anti-proliferation policies. The Carter administration wants India to accept comprehensive safeguards that would bar further production of nuclear explosives. The Desai government wants to maintain unsafeguarded facilities, in effect keeping the weapons option open. It has been a basic tenet of Indian nuclear policy since the mid-1950s that the big powers must disarm if the small powers are to renounce acquisition of nuclear weapons. As a matter of practical policy, India is willing to forego a nuclear deterrent only if sustained world pressure keeps China's nuclear aspirations in check. As a matter of basic principle, India regards it as unfair and imperialistic that the heavily armed big powers ask for special assurances from the lightly armed small powers. India takes the position that it will cooperate with the United States only voluntarily and only if the nuclear weapon states or at least the superpowers start to clean up their own act. The superpowers must (1) negotiate a comprehensive test ban treaty; (2) accept full-scope safeguards themselves, which would be tantamount to a ban on any further production of weapons-grade materials; and (3) make significant moves toward total nuclear disarmament. The dependence of India on the United States for nuclear supplies is almost negligible. India's major nuclear facilities in operation or under construction include five research reactors, seven power reactors and three reprocessing facilities. Of these 15 facilities, the United States supplied only one (the Tarapur reactor) and 12 of them are not under IAEA safeguards. The United States, in short, is threatening to terminate supplies of low-enriched uranium for just one reactor unless India places these 12 facilities under IAEA safeguards

  1. SPECIFIC REGULATIONS REGARDING THE SOLVING OF LABOR DISPUTES IN ROMANIAN LEGAL SYSTEM

    Onica -Chipea Lavinia

    2012-01-01

    Full Text Available The paper aims to briefly review specific provisions of labor legislation for the solving of labor disputes. Those rules are found in matters of discrimination in the payment settlements, the public sector staff as well as some personnel status or disciplinary (work stops at Status of Teachers and established a derogationfrom the common law (Labor Code Law nr.62/2011 of Social Dialogue in resolving individual labor conflicts(former conflicts of rights. The role and importance of these regulations is that they give the parties the employment relationship, particularly employees, way, way more for rights enshrined in law. Appeals, complaints or expressions of individual grievances be settled outside the judicial system organ (the courts,authorizing officers, judicial administrative organs, which aim at restoring order violated.

  2. Training parents to mediate sibling disputes affects children's negotiation and conflict understanding.

    Smith, Julie; Ross, Hildy

    2007-01-01

    The effects of training parents to use formal mediation procedures in sibling disputes were examined in 48 families with 5- to 10-years-old children, randomly assigned to mediation and control conditions. Children whose parents were trained in mediation were compared with those whose parents intervened normally. Parents reported that children used more constructive conflict resolution strategies, compromised more often, and controlled the outcomes of conflicts more often in mediation families than in control families. Observations indicated less negativity in children's independent negotiations of recurrent conflicts, better understanding of the role of interpretation in assessing blame, and better knowledge of their siblings' perspectives in the mediation group. Thus, both social and social-cognitive gains resulted from experience with constructive conflict resolution.

  3. Case Study: The Myanmar and Bangladesh Maritime Boundary Dispute in the Bay of Bengal and Its Implications for South China Sea Claims

    Ravi A. Balaram

    2012-01-01

    Full Text Available This paper seeks to review the pertinent Myanmar and Bangladesh history in overlapping maritime territorial claims leading up to the September 2011 International Tribunal for the Law of the Sea (ITLOS case: Dispute Concerning Delimitation of the Maritime Boundary Between Bangladesh and Myanmar in the Bay of Bengal. It will dissect the legal proceedings as primary source documents and apply the relevant judgement findings to analyse the implications for the respective countries and for South China Sea maritime boundary disputes. While the judgements of this case set certain legal precedents that may be more easily applied to bilateral disputes, the implications, nevertheless, impinge on multilateral claims as well. To the extent that the Bangladesh-Myanmar ITLOS judgement provides a pathway to third-party, independent, and peaceful resolution to the potentially explosive and escalating tensions in the South China Sea, this paper argues that findings are relevant, but limited.

  4. Cognitive behaviour therapy territory model: effective disputing approach.

    Lam, D

    1997-06-01

    This paper proposes a disputing model (territory model) which is particularly useful and effective for disputing clients who persistently hold on to their dysfunctional thinking and/or core irrational beliefs. Their 'stubbornness' to change is compounded by unhealthy negative emotions during sessions. The intense emotion makes it difficult to access the belief system, and therefore any attempt to dispute it often proves futile. This model advocates the shift of disputing onto a different 'territory/ground' where the client can be facilitated to acquire higher, abstract and objective thinking, and at the same time his/her emotional level is susceptible to rational and logical arguments. The new thinking would act as a catalyst for the client to reflect on his/her dysfunctional thought/irrational beliefs. In this paper, the author uses a case example to illustrate and discuss the ineffectiveness of the 'traditional' way of disputing the dysfunctional thinking/core beliefs of a difficult and emotional client. This is contrasted with the 'territory' model.

  5. The Tale of the Dragon and the Elephant: A Review on the Implications of Sino-Indian Border Disputes to Political Order in Asia

    Reymund B. Flores

    2017-12-01

    Full Text Available Asia is sitting on a tinderbox. Tensions such as involving China already grabbed enough headlines. One of which is the border dispute between this Asian Dragon with India. The formation of strong alliances and conflict escalation is very real. Rising aspirations and growing hunger for resources in a depleted continent that has been inhabited for millennia are leading to tension and instability. International system is maintained with its balanced structure, which is based on power. From the beginning of the colonial period to the height of western imperialism, and throughout the course of former colonies’ national independence, territorial disputes have been a root cause of war and conflict between states. As China shares a border with more countries than any other state, it exists within an extremely complicated geopolitical environment. The continuing border dispute between China and India, for instance, is a puzzle for many. Despite six decades of attempts at resolution, the dispute persists in the face of official bonhomie and booming trade relations between the two rising giants. This paper presents the discourses on Asia’s geopolitics, particularly the Sino-Indian border dispute and multilateral politics in acquiring assorted global resources, forming regional and global identity, and political order and security issues. India and China are playing an increasingly important role in the world economy. A better relationship would boost trade ties, investments and employment in the two countries, and even augment global growth.

  6. Negotiation techniques to resolve western water disputes

    Lamb, Berton L.; Taylor, Jonathan G.

    1990-01-01

    There is a growing literature on the resolution of natural resources conflicts. Much of it is practical, focusing on guidelines for hands-on negotiation. This literature can be a guide in water conflicts. This is especially true for negotiations over new environmental values such as instream flow. The concepts of competitive, cooperative, and integrative styles of conflict resolution are applied to three cases of water resource bargaining. Lessons for the effective use of these ideas include: break a large number of parties into small working groups, approach value differences in small steps, be cautious in the presence of an attentive public, keeps decisions at the local level, and understand the opponent's interests.

  7. The supply chain of tobacco as disputes field

    Alex Alexandre Mengel

    2017-08-01

    Full Text Available The paper analyzes the existing conflicts in the tobacco production chain in Brazil and the strategies historically established by each agent. Therefore, we interpret the tobacco production chain as a field of disputes. As methodological tools we conducted to literature review and semi-structured interviews. Among the results, we found that, in general, the actors in the tobacco field take three types of strategies: 1 the defense of the field; 2 intermediate strategic positions mulling conflicting historical disputes in the field; 3 positions contrary to the tobacco field.

  8. African Countries and WTO´s Dispute Settlement Mechanism

    Alavi, Amin

    2007-01-01

    The WTO Dispute Settlement Mechanism was designed, inter alia, to secure the 'rule of law' within international trade and provide all members with opportunities to exercise their rights under multilateral trade agreements. But, after ten years, no sub-Saharan African country has yet used the option...... to initiate a dispute. This article examines what prevents the WTO Africa Group from using the system and critically reviews the solutions they have proposed to remedy this. It concludes by discussing how this reflects broader problems concerning African participation in WTO, and puts forward some alternative...

  9. The role of trade union organization in solving labor disputes and strikes in Vietnam

    Nguen T.H.

    2017-01-01

    Full Text Available the article describes the role of the trade union organization in solving labor disputes and strikes and the legal basis of the role of trade union organization in solving labor disputes and strikes in Vietnam.

  10. Understanding Marital Disputes Management in Religious Office and Syariah Court in Malaysia

    Zakiyah Zakiyah

    2015-02-01

    Full Text Available This article reviews a monograph entitled Managing Marital Dispute in Malaysia, Islamic Mediators and Conflict Resolution in the Syariah Court written by Syarifah Zaleha Syed Hassan  and Sven Cederrot. This book contributed in the discourse of anthropology of Islamic law. This book discussed about three institutions that dealt with Islamic family law; kadi, women counselor and judge. This monograph was published in 1997 when Islamic family law became one of the heated topics in many part of the world. This book was a result of extensive research conducted at the religious office and syariah court in Kedah and Johor Malaysia. This study shows that mediator used different ways in dealing with the family disputes including formal, semi formal and informal. The first method was used to deal with adjudication, the second was utilized to manage arbitration, and the last was used in consultation, conciliation and mediation. In addition, ‘kadi’, women counselor  and the judge not only use legal formal approach but also local norm when giving advice and managing cases.

  11. Site Restoration

    Noynaert, L.; Bruggeman, A.; Cornelissen, R.; Massaut, V.; Rahier, A

    2002-04-01

    The objectives, the programme, and the achievements of SCK-CEN's Site Restoration Department for 2001 are described. Main activities include the decommissioning of the BR3 PWR-reactor as well as other clean-up activities, projects on waste minimisation and the management of spent fuel and the flow of dismantled materials and the recycling of materials from decommissioning activities based on the smelting of metallic materials in specialised foundries. The department provides consultancy and services to external organisations and performs R and D on new techniques including processes for the treatment of various waste components including the reprocessing of spent fuel, the treatment of tritium, the treatment of liquid alkali metals into cabonates through oxidation, the treatment of radioactive organic waste and the reconditioning of bituminised waste products.

  12. Young Children's Personal Accounts of Their Sibling Disputes

    Wilson, Anne E.; Smith, Melissa D.; Ross, Hildy S.; Ross, Michael

    2004-01-01

    We investigated children's personal representations of significant sibling conflicts. Forty pairs of siblings were interviewed separately about the same disputes. Although they described the same episodes, both older (M age = 7.0) and younger (M age = 4.4) siblings ascribed more serious transgressions to their opponents than to themselves. They…

  13. Settlement Ends Dispute between Princeton and Donors' Heirs

    Masterson, Kathryn; Gose, Ben

    2009-01-01

    This article reports that Princeton University has settled a long-running dispute with the heirs of a major donor by agreeing to pay $50-million to the heirs' foundation and approximately the same amount for their legal fees. The case has been closely watched as a test of how strictly institutions must adhere to donors' wishes. The settlement…

  14. Considering Mediation for Special Education Disputes: A School Administrator's Perspective.

    Bar-Lev, Nissan B.; Neustadt, Sam; Peter, Marshall

    This pamphlet describes, from an administrators perspective, the advantages and disadvantages of mediation to solve special education disputes between parents and schools. It first notes mediation requirements under the 1997 reauthorization of the Individuals with Disabilities Act whenever a due process hearing has been requested, as well as…

  15. Quota disputes and subsistence whaling in Qeqertarsuaq, Greenland

    Tejsner, Pelle

    2014-01-01

    In Qeqertarsuaq (Disco Island), northwest Greenland, local disputes about the allocation of annual whaling quotas for beluga and narwhals feature as a source of conflict between state-imposed categories of occupational and non-occupational hunters. The national authorities’ co-management regime...

  16. The mutual agreement procedure and arbitration of double taxation disputes

    Ilias Bantekas

    2008-12-01

    Full Text Available It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions oftransnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two disputesettlement procedures-the OECD First Model Tax Convention and a similar EU Convention-with the exclusive focus on disputes relatingto the imposition of double taxation. It will look at the ways in which state roles may vary under these procedures from assisting inthe negotiation process to taking a part similar to, but with important differences from, diplomatic protection on behalf of an affected enterprise. The article will examine the situations under which the settlement procedure is required and/or available, how the procedures are triggered, the obligations and parts played bythe parties, the means by which the disputes are resolved (from negotiations to tribunals and the limitations of the procedures. Are they “taxpayer friendly”? As a result the reader may draw comparisons between the two procedures. Finally, the article will look at the proposed OECD Arbitration Clause which is intended to be incorporated into Article 25 of the OECD Model Tax Convention as well as how thesemechanisms relate and/or conflict with bilateral tax treaties and theGATS.

  17. Disputes over land and water rights in gold mining

    Stoltenborg, Didi; Boelens, Rutgerd

    2016-01-01

    This article analyzes different visions and positions in a conflict between the developer of an open-pit mine in Mexico and project opponents using the echelons of rights analysis framework, distinguishing four layers of dispute: contested resources; contents of rules and regulations;

  18. Problems of litigation in settlement of maritime disputes for Nigeria ...

    This study examines the problems of litigation in settlement of disputes in maritime industry in Nigeria, which sector is vital to the nation's economy. It also investigates the prospects and viability of arbitration technique as an alternative. It is discovered that although litigation has been the most common mechanism for the ...

  19. Territorial Disputes in Spratly: An Assessment of the Philippine Initiatives

    2013-03-01

    Kalayaan Island Group (KIG) as one political unit. Section 1 states that ‘Such area is hereby constituted as a distinct and separate municipality of the...expanding toehold in disputed sea,” Philippine Daily Inquirer, July 26, 2012. 22 Aurea Calica and Jaime Laude, “Kalayaan island group integral part of

  20. Land disputes and marginalized youth fuel crime and violence in ...

    2016-04-28

    Apr 28, 2016 ... Youth violence and the shift of land disputes from rural communities into ... The researchers identify poverty reduction and the creation of ... violence and challenges for local urban governance in Côte d'Ivoire,” and its findings.

  1. 75 FR 82146 - Prompt Payment Interest Rate; Contract Disputes Act

    2010-12-29

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning January 1, 2011, and ending on June 30, 2011, the prompt payment interest rate is 2\\5/8\\ per... calculation of interest due on claims at the rate established by the Secretary of the Treasury. The Secretary...

  2. 77 FR 38888 - Prompt Payment Interest Rate; Contract Disputes Act

    2012-06-29

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning July 1, 2012, and ending on December 31, 2012, the prompt payment interest rate is 1\\3/4\\ per... interest due on claims at the rate established by the Secretary of the Treasury. The Secretary of the...

  3. 75 FR 37881 - Prompt Payment Interest Rate; Contract Disputes Act

    2010-06-30

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning July 1, 2010, and ending on December 31, 2010, the prompt payment interest rate is 3\\1/8\\ per... of interest due on claims at the rate established by the Secretary of the Treasury. The Secretary of...

  4. 77 FR 76624 - Prompt Payment Interest Rate; Contract Disputes Act

    2012-12-28

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning January 1, 2013, and ending on June 30, 2013, the prompt payment interest rate is 1-3/8 per centum... Prompt Payment Act, 31 U.S.C. 3902(a), provide for the calculation of interest due on claims at the rate...

  5. 78 FR 39063 - Prompt Payment Interest Rate; Contract Disputes Act

    2013-06-28

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act..., 2013, and ending on December 31, 2013, the prompt payment interest rate is 1\\3/4\\ per centum per annum... authority to specify the rate by which the interest shall be computed for interest payments under section 12...

  6. 76 FR 38742 - Prompt Payment Interest Rate; Contract Disputes Act

    2011-07-01

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning July 1, 2011, and ending on December 31, 2011, the prompt payment interest rate is 2\\1/2\\ per.... 3902(a), provide for the calculation of interest due on claims at the rate established by the Secretary...

  7. 76 FR 82350 - Prompt Payment Interest Rate; Contract Disputes Act

    2011-12-30

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning January 1, 2012, and ending on June 30, 2012, the prompt payment interest rate is 2 per centum per... of interest due on claims at the rate established by the Secretary of the Treasury. The Secretary of...

  8. Chieftaincy succession disputes and the challenge to traditional ...

    Two succession disputes at the provincial and the sub-provincial level of the traditional political hierarchy are analysed in detail. Both cases represented a challenge to traditional authority and are an indication of the changing relationship between chiefs and their subjects in Mamprusi society and throughout Northern ...

  9. International Disputes and Cultural Ideas in the Canadian Arctic

    Burke, Danita Catherine

    of the Canadian-Arctic relationship. Using Canada as the focus for the analysis, the purpose of this project is to contribute to the existing Arctic studies and international relations literature by examining how interests and disputes in the Canadian Arctic region have been affected by domestic cultural...

  10. International Jurisdiction and Commercial Litigation: uniform rules for contract disputes

    H. van Lith (Hélène)

    2009-01-01

    textabstractThis book deals with judicial jurisdiction of state courts in international disputes, in particular those arising out of transnational commercial contracts entered into between private entities, individuals, and corporations.1 The present study examines whether any common grounds in

  11. The Dewey-Hutchins Debate: A Dispute over Moral Teleology

    Johnston, James Scott

    2011-01-01

    In this essay, James Scott Johnston claims that a dispute over moral teleology lies at the basis of the debate between John Dewey and Robert M. Hutchins. This debate has very often been cast in terms of perennialism, classicism, or realism versus progressivism, experimentalism, or pragmatism. Unfortunately, casting the debate in these terms…

  12. 48 CFR 2922.101-3 - Reporting labor disputes.

    2010-10-01

    ... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Reporting labor disputes. 2922.101-3 Section 2922.101-3 Federal Acquisition Regulations System DEPARTMENT OF LABOR SOCIOECONOMIC PROGRAMS APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS Basic Labor Policies 2922.101-3 Reporting...

  13. 77 FR 76165 - WTO Dispute Settlement Proceeding Regarding Argentina-Measures Affecting the Importation of Goods

    2012-12-26

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS444] WTO Dispute Settlement... Organization (``WTO Agreement''). That request may be found at www.wto.org contained in a document designated... after the United States submits or receives a request for the establishment of a WTO dispute settlement...

  14. 77 FR 23539 - WTO Dispute Settlement Proceeding Regarding European Communities and Certain Member States...

    2012-04-19

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS316] WTO Dispute Settlement... Organization (``WTO Agreement''). That request may be found at www.wto.org contained in a document designated... a WTO dispute settlement panel. Consistent with this obligation, USTR is providing notice that it...

  15. 29 CFR 1403.3 - Obtaining data on labor-management disputes.

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Obtaining data on labor-management disputes. 1403.3 Section... FUNCTIONS AND DUTIES § 1403.3 Obtaining data on labor-management disputes. When the existence of a labor-management dispute comes to the attention of the Federal Service upon a request for mediation service from...

  16. The mutual agreement procedure and arbitration of double taxation disputes

    Ilias Bantekas

    2008-10-01

    Full Text Available It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions of transnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two dispute settlement procedures-the OECD First Model Tax Convention and a similar EU Convention-with the exclusive focus on disputes relating to the imposition of double taxation. It will look at the ways in which state roles may vary under these procedures from assisting in the negotiation process to taking a part similar to, but with important differences from, diplomatic protection on behalf of an affected enterprise. The article will examine the situations under which the settlement procedure is required and/or available, how the procedures are triggered, the obligations and parts played by the parties, the means by which the disputes are resolved (from negotiations to tribunals and the limitations of the procedures. Are they “taxpayer friendly”? As a result the reader may draw comparisons between the two procedures. Finally, the article will look at the proposed OECD Arbitration Clause which is intended to be incorporated into Article 25 of the OECD Model Tax Convention as well as how these mechanisms relate and/or conflict with bilateral tax treaties and the GATS.

  17. On Governance Structures and Maritime Conflict Resolution in Early Modern Amsterdam: The Case of the Chamber of Insurance and Average (sixteenth to Eighteenth Centuries)

    Go, Sabine C.P.J.

    2017-01-01

    The resolution of commercial conflicts was an important issue for the municipality of Amsterdam. The city’s government realised that commerce and trade could be hampered if commercial disputes were not dealt with quickly and effectively. A special type of commercial disputes centred on marine

  18. Image restoration and processing methods

    Daniell, G.J.

    1984-01-01

    This review will stress the importance of using image restoration techniques that deal with incomplete, inconsistent, and noisy data and do not introduce spurious features into the processed image. No single image is equally suitable for both the resolution of detail and the accurate measurement of intensities. A good general purpose technique is the maximum entropy method and the basis and use of this will be explained. (orig.)

  19. Dispute over Exxon Valdez cleanup data gets messy

    Stone, R.

    1993-01-01

    Scientists from NOAA and Exxon dispute whether the Prince William Sound ecosystem is recovering from the Exxon Valdez spill. NOAA scientists claim that the Sound is still staggering from a major ecological blow and that crude oil weathering products are contaminating vast numbers of Alaskan wildlife. Exxon scientists claim that most of the biota of the Sound is returning to full strength and is largely free of oil from the spill. At the heart of the dispute is the technique of hydrocarbon fingerprinting to identify the source of crude. Exxon scientists claim that government scientists do not know how to interpret the data, and that what they claim is contamination from Valdez crude actually comes from other sources, such as diesel soot from the smokestacks of ships used to collect fish for study. NOAA scientists claim that hydrocarbon fingerprinting is an inappropriate method for tracking oil-spill damage to biota, due to the varied ways in which living organisms metabolize petroleum

  20. Caspian energy and legal disputes: prospects for settlement

    Ogutcu, Mehmet

    2003-07-01

    This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)

  1. Naval power, endogeneity, and long-distance disputes

    Brian B. Crisher

    2017-02-01

    Full Text Available Does an increase in naval power increase the likelihood of interstate disputes? While volumes have been written on the importance of naval power, we are left with little more than intuition and anecdotal evidence to provide potential answers to this question. Endogeneity issues in particular make it difficult to untangle the links between developing naval power and interstate conflict. Here I present a new instrument for naval power. Utilizing a new dataset of naval power and employing an instrumental variable analysis, I present one of the first large cross-national studies showing a significant link between naval power and a specific type of interstate conflict - non-contiguous disputes. The findings have implications for the future actions of states whose naval strength is growing.

  2. The Role of Symbolic Capital in Stakeholder Disputes

    Benn, Suzanne; Jones, Richard

    2009-01-01

    This paper examines almost 30 years of disputation concerning the disposal of the world's largest stockpile of the toxic organochlorine, hexachlorbenzene. It describes the study of a chemicals company in its attempt to manage the disposal of the toxic waste in a collaborative fashion with governm......This paper examines almost 30 years of disputation concerning the disposal of the world's largest stockpile of the toxic organochlorine, hexachlorbenzene. It describes the study of a chemicals company in its attempt to manage the disposal of the toxic waste in a collaborative fashion...... and identity. The events of the study highlight the challenges faced by contemporary technoscientific corporations such as chemicals companies as they must deliver on requirements of transparency and openness, while maintaining technoscientific capacity and strong internal identity. We conclude that the study...

  3. Caspian energy and legal disputes: prospects for settlement

    Ogutcu, Mehmet

    2003-01-01

    This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)

  4. Softwood Lumber – Some Lessons from the Last Softwood (Lumber IV Dispute

    Elaine Feldman

    2017-10-01

    Full Text Available The checkered history of softwood lumber disputes between Canada and its southern neighbour stretches back to the 1800s, with five of them occurring since 1982. Two years ago, the settlement obtained in 2006 expired and most Canadian softwood lumber exporters now face a combined countervailing and anti-dumping duty rate from the Americans of around 27 per cent. On the surface, the last dispute, known as Lumber IV, appeared to be a squabble over subsidization and dumping of Canadian softwood lumber exports. However, closer scrutiny revealed that this dispute was really about commercial interests triumphing over policy – the U.S. lumber industry wanted to ensure it kept a certain share of the market at the highest price possible. Complicating attempts to resolve any dispute is the fact that Canada is not a single entity in the lumber business; interest in quota or duties varies across regions as do the countervailing (CVD and anti-dumping (AD rates that the U.S. imposes on particular Canadian producers. These variations thus create almost a divide-and-conquer situation in which one group of producers feels others are getting an advantage. The Canadian industry instead should be standing together as much as possible, creating a united front in any dispute with the U.S. Drafting new policy and resorting to litigation to settle Lumber IV failed because the potential settlement got bogged down by the drawbacks of both of those routes. Policy failed because it quickly became clear that the U.S. was going to act with impunity to determine whether there was a subsidy, regardless of what the trade rules permitted. And litigation created an endless loop in which contradictory rulings were handed back and forth between NAFTA panels and the U.S. International Trade Commission, stalling any resolution. Lumber IV also taught the Canadians that taking their complaints to both NAFTA and the World Trade Organization, which does not order a refunding of wrongly

  5. The role of mediation in resolving contract disputes

    Christian, Michael C

    1997-01-01

    Approved for public release; distribution is unlimited Mediation has emerged as a preferred ADR method among commercial organizations involved in contract disputes. However, its use by the Navy has been rare. Mediation has shown to provide benefits to its commercial users such as: improved business relations, time and cost savings, flexibility and adaptability and superior control over outcomes. This thesis provides information on mediation and examines the differences and similarities bet...

  6. ORGANIZATIONAL METHODS OF SEMINAR-DISPUTE ON ECONOMICS SPECIALTIES

    Tatiana ANDREEVA

    2015-12-01

    Full Text Available Actuality. The topic of teaching economic disciplines has always been relevant and useful. The article considers the technique of organization and of the seminar-dispute on economic subjects. In this paper there are also identified criteria for evaluating the participants of the seminar-dispute. Methods of teaching economic disciplines in higher education are held by holding lectures and seminars. The seminar provides an opportunity to determine the degree of independence and responsibility, to rise creativity in every student. The purpose is to disclose the main objectives of the seminar-dispute, which as a result of the preliminary work on the program material, the teacher and students are in a situation of direct active communication during performance of students on topics arising between discussion and generalizations by teacher, bu solving the problem of cognitive, developmental and educational character that imparted methodological and practical skills to students. Methods. Logical and descriptive, monographic, analysis and synthesis. Results. It should be concluded that in preparation for the seminar, students acquire the skills to work with the book, read the analysis, selection of the main and necessary speeches for the report, , and systematizing the selected materials. Students learn to clearly express their thoughts, work out the ability to speak without papers to prove their beliefs, to establish contact with the audience, etc. Accordingly, it is best to choose the topics of the seminar where the student must not only learn certain information, but also find a solution. One of the most popular forms of classes in the framework of methodological approaches to the teaching of economic disciplines is a seminar-dispute.

  7. The challenge of reforming the WTO dispute settlement understanding

    Hauser, Heinz; Zimmermann, Thomas A.

    2003-01-01

    Die im Mai 2003 abgelaufene Frist für den Abschluss der Verhandlungen über Verbesserungen und Klarstellungen zum WTO-Übereinkommen über dei Streitschlichtung (Dispute Settlement Understanding; DSU) unter dem Doha-Mandat wurde verfehlt. Die WTO-Mitglieder einigten sich jedoch im Juli 2003 auf eine Verlängerung des Verhandlungsmandates bis Ende Mai 2004. Der vorliegende Beitrag fasst die Verhandlungen zur Überprüfung des Streitschlichtungsverfahrens ("DSU review") kurz zusammen. Die Hauptstreit...

  8. Arctic Sovereignty Disputes: International Relations Theory in the High North

    2011-12-01

    Russians continue to retain their long-range strategic bombing fleets, consisting of the TU-160 Supersonic ( Blackjack ), an all-weather aircraft with...icebreakers, and the only operational heavy icebreaker, it is already beyond service life expectations and recently suffered a major engine failure...DISPUTES: INTERNATIONAL RELATIONS THEORY IN THE HIGH NORTH by Darrin D. Davis December 2011 Thesis Co-Advisors: Anne L. Clunan

  9. The dispute between Jonathan Franzen and Oprah Winfrey

    Nina Bostič

    2008-12-01

    Full Text Available Following the publication of Jonathan Franzen's The Corrections in September 2001, the novel was selected by Oprah's Book Club. Afterwards,  Franzen commented  negatively on the club's  previ­ ous selections, upon which the invitation was withdrawn. The objective of this paper is to investigate the reasons behind Franzen's negative response, the proceeding  media fall-out and the effects of the Winfrey - Franzen dispute.

  10. MULTIMODAL CONSTRUCTION OF CHILDREN'S ARGUMENTS IN DISPUTES DURING PLAY

    Rosemberg, Celia Renata

    2013-09-01

    Full Text Available Within the framework of a sociocultural theory of human development and learning (Vigotsky, 2009; Bruner, 1986; Nelson, 1996; Tomasello, 1998, 2003, this paper aims to investigate the multimodal construction of arguments produced by 5 year-old children during disputes in a kindergarten play situation. We considered the juxtaposition of information provided by resources from different semiotic fields (Goodwin, 2000, 2007. The corpus consists of the interactions in a group of children while they play with building blocks. This play situation was videotaped in a kindergarten classroom that is attended by an urban marginalized population of outer Buenos Aires, Argentina. The analysis makes use of the qualitative logic derived from the methodological tools of Conversation Analysis developed in previous research (Goodwin, 2000, 2007; Goodwin and Goodwin, 1990, 2000; Goodwin, Goodwin and Yaeger-Dror, 2002. The results show the different semiotic fields that overlap with the linguistic expression of the arguments or points of view that children maintain while quarrelling during play situations. This demonstrates the importance of attending to intonation, the use of space, the direction of gaze, gestures, and body positioning as they are components that contribute to the argumentative force of the utterances in disputes. These elements emerge as indicators of the emotions that parties experience in disputes which can not be disregarded when attempting to account for how argumentation occurs in real situations of interaction. This paper is written in Spanish.

  11. Legal disputes as a proxy for regional conflicts over water rights in Chile

    Rivera, Diego; Godoy-Faúndez, Alex; Lillo, Mario; Alvez, Amaya; Delgado, Verónica; Gonzalo-Martín, Consuelo; Menasalvas, Ernestina; Costumero, Roberto; García-Pedrero, Ángel

    2016-04-01

    Water demand and climate variability increases competition and tension between water users -agricultural, industrial, mining, hydropower- and local communities. Since 1981, the Water Code has regulated water allocation through private individual property rights, fostering markets as the distribution mechanism among users. When legal conflicts occur between parties, it is the responsibility of the courts to settle the conflict. The aim of this research is twofold: first, to apply a geographical approach by mapping water conflicts using legal disputes reaching the higher courts as a proxy for conflict intensity and second, to explain the diversity of water disputes and how they vary regionally. We built a representative database with a sample of 1000 legal records corresponding to decisions issued by the Supreme Court and 17 courts of appeal throughout the country from 1981 to 2014. For geo-tagging, all records were transformed to plain text and analyzed to find words matching the entries of a geographical thesaurus, allowing records to be linked to geographical locations. The geo-tagging algorithm is capable of automatically populating a searchable database. Several maps were constructed using a color scale to visualize conflict intensity. Legal disputes represent different types of conflicts among water users, such as competition between agriculture and hydropower. Processed data allowed the identification of the regional variation of conflicts. The spatial pattern for the intensity of conflicts related to specific sections of the Water Code is explained in terms of the main geographical, climatic and productive characteristics of Chile. Geo-tagging legal records shows a strong potential to understand and define regional variation of water conflicts. However, data availability would become a barrier if measures to improve data management were not taken. Regarding the institutional framework, the same regulations for water management rules are applied throughout the

  12. Implications of the Bakassi conflict resolution for Cameroon | Baye ...

    This paper sketches a conceptual framework of international conflict dynamics and resolution, examines the geopolitics of the Bakassi dispute between Nigeria and Cameroon, and outlines socio-economic implications of its peaceful settlement. Neglect and subsequent discovery of oil deposits subjected the Bakassi ...

  13. Comparison research on stakeholders analysis of disposition of medical dispute between China and abroad

    Qin Chen

    2015-01-01

    Full Text Available Objective: We learn about the methods, process, effects of each stakeholder and the principles of the disposition of medical dispute home and abroad through stakeholder analysis. Methods: We investigate the methods, process and the principles of the disposition of medical dispute home and abroad by literature retrieval, key informant interview and depth interview. Results: The stakeholders of medical disputes mainly include patients and families, medical staff and hospitals, pharmaceutical companies, governments, laws, non-government organizations and media. They play different roles in medical disputes and have different effects. Over all, patients and families, medical staff and hospitals have the greatest effect and then laws, media, government, non-government organizations and pharmaceutical companies. Conclusion: Different stakeholders affect the disposition of medical disputes differently. It is crucial to establish harmonious relationship between patients and doctors and to build harmonious society by untangling the responsibility between all the stakeholders and dispose medical disputes quickly and effectively.

  14. EnviroAtlas - Potentially Restorable Wetlands on Agricultural Land - Contiguous United States

    U.S. Environmental Protection Agency — The EnviroAtlas Potentially Restorable Wetlands on Agricultural Land (PRW-Ag) dataset shows potentially restorable wetlands at 30-meter resolution. Beginning two...

  15. The socioeconomic factors that facilitate or constrain restoration management: Watershed rehabilitation and wet meadow (bofedal) restoration in the Bolivian Andes.

    Hartman, Brett D; Cleveland, David A

    2018-03-01

    Restoration ecology holds promise for addressing land degradation in impoverished rural environments, provided the approach is adapted to rural development settings. While there is a need for increased integration of social dynamics in land restoration, few systematic studies exist. We explored the socioeconomic factors that influence restoration management, including local motives and perceived benefits, incentives, land tenancy, institutional factors, conflict resolution, accessibility, off-farm labor, and outmigration. The study area is a successful watershed rehabilitation and wet meadow restoration project in the Bolivian Andes that began in 1992. We used household survey methods (n = 237) to compare the communities that had conducted the most restoration management with those that had conducted the least. Results suggest that several factors facilitate investments in land restoration, including aligning restoration objectives with local motives and perceived benefits, ensuring incentives are in place to stimulate long-term investments, conflict resolution, private land tenancy, and accessibility. However, higher levels of organization and active leadership can facilitate land restoration on communal lands. Increased livelihood benefits from land restoration helped slow the rate of rural to urban migration, with 24.5% outmigration in the highest restoration management communities compared to 62.1% in the lowest restoration management communities. Results suggest that land restoration projects that integrate community development into project planning and implementation will achieve greater success. Copyright © 2017 Elsevier Ltd. All rights reserved.

  16. China's Crisis Bargaining in the South China Sea Dispute (2010-2013)

    Ramadhani, Eryan

    2014-01-01

    As one of China’s most intricate territorial dispute, the South China Sea dispute has sufficiently consumed significant amount of Chinese leaders’ attention in Beijing. This paper reveals that China exerts signaling strategy in its crisis bargaining over the South China Sea dispute. This strategy contains reassurance as positive signal through offering negotiation and appearing self-restraint and of negative signal by means of escalatory acts and verbal threats. China’s crisis bargaining in t...

  17. Potential of mediation for resolving environmental disputes related to energy facilities

    None

    1979-12-01

    This study assesses the potential of mediation as a tool for resolving disputes related to the environmental regulation of new energy facilities and identifies possible roles the Federal government might play in promoting the use of mediation. These disputes result when parties challenge an energy project on the basis of its potential environmental impacts. The paper reviews the basic theory of mediation, evaluates specific applications of mediation to recent environmental disputes, discusses the views of environmental public-interest groups towards mediation, and identifies types of energy facility-related disputes where mediation could have a significant impact. Finally, potential avenues for the Federal government to encourage use of this tool are identified.

  18. Quebec-Vermont dispute may upset export plans

    McArthur, D.; Salaff, S.

    1999-01-01

    A major trade dispute between Hydro-Quebec and a group of Vermont utilities arising out of Hydro-Quebec's inability to live up to its contractual obligations to supply electricity to the Vermont group during the January 1998 ice storm is discussed. The Vermont Group initiated legal action against Hydro-Quebec, claiming refund of $ 27 million and termination of the contract . The Vermont utilities claim that the storm has revealed the weakness of the design, construction, operation and maintenance of Hydro-Quebec's transmission system. In its defence, Hydro-Quebec asserts that its transmission system meets industry standards, considers the storm 'an act of God' and invoked 'force majeure' when it ceased supplying power to Vermont last year. Hydro-Quebec further alleges that the Vermont utilities are using the storm as a pretext to end or renegotiate the contract. Hydro-Quebec asked the Canadian government to intervene under NAFTA, alleging trade harassment by the Vermont Public Service Commission (VPSC) when it restricted Vermont utility rate increases. In a countermove, Vermont U.S. Senator Jim Jeffords threatened future power exports by Canada to the U.S. for pursuing a NAFTA complaint, thereby hoping to influence negotiations between Hydro-Quebec and the Vermont utilities. The latest development in this dispute, which potentially threatens the development of 4000 MW of new hydroelectric development at Churchill Falls, Labrador, is that the dispute may now be settled with an auctioning of the contract. If the U.S. were to block the import of new power from Churchill Falls, the project could be jeopardized. However, the contract auction may well avoid such major international ramifications and a full-fledged trade war between Canada and the United States

  19. Mediation skills for conflict resolution in nursing education.

    Cheng, Fung Kei

    2015-07-01

    Encountering conflicts among family members in hospital produces burnout among nurses, implying a need for alternative dispute resolution training. However, current nursing education pays more attention to counselling skills training than to mediation. The present report examines the fundamental concepts of mediation, including its nature, basic assumptions and values, and compares those with counselling. Its implications may open a discussion on enhancing contemporary nursing education by providing mediation training in the workplace to nurses so that they can deal more effectively with disputes. Copyright © 2015 Elsevier Ltd. All rights reserved.

  20. Restoration of Gooseberry Creek

    Jonathan W. Long

    2000-01-01

    Grazing exclusion and channel modifications were used to restore wet meadows along a stream on the Fort Apache Indian Reservation. The efforts are reestablishing functional processes to promote long-term restoration of wetland health and species conservation.

  1. Global Ecosystem Restoration Index

    Fernandez, Miguel; Garcia, Monica; Fernandez, Nestor

    2015-01-01

    The Global ecosystem restoration index (GERI) is a composite index that integrates structural and functional aspects of the ecosystem restoration process. These elements are evaluated through a window that looks into a baseline for degraded ecosystems with the objective to assess restoration...

  2. Linking restoration ecology with coastal dune restoration

    Lithgow, D.; Martínez, M. L.; Gallego-Fernández, J. B.; Hesp, P. A.; Flores, P.; Gachuz, S.; Rodríguez-Revelo, N.; Jiménez-Orocio, O.; Mendoza-González, G.; Álvarez-Molina, L. L.

    2013-10-01

    Restoration and preservation of coastal dunes is urgently needed because of the increasingly rapid loss and degradation of these ecosystems because of many human activities. These activities alter natural processes and coastal dynamics, eliminate topographic variability, fragment, degrade or eliminate habitats, reduce diversity and threaten endemic species. The actions of coastal dune restoration that are already taking place span contrasting activities that range from revegetating and stabilizing the mobile substrate, to removing plant cover and increasing substrate mobility. Our goal was to review how the relative progress of the actions of coastal dune restoration has been assessed, according to the ecosystem attributes outlined by the Society of Ecological Restoration: namely, integrity, health and sustainability and that are derived from the ecological theory of succession. We reviewed the peer reviewed literature published since 1988 that is listed in the ISI Web of Science journals as well as additional references, such as key books. We exclusively focused on large coastal dune systems (such as transgressive and parabolic dunefields) located on natural or seminatural coasts. We found 150 articles that included "coastal dune", "restoration" and "revegetation" in areas such as title, keywords and abstract. From these, 67 dealt specifically with coastal dune restoration. Most of the studies were performed in the USA, The Netherlands and South Africa, during the last two decades. Restoration success has been assessed directly and indirectly by measuring one or a few ecosystem variables. Some ecosystem attributes have been monitored more frequently (ecosystem integrity) than others (ecosystem health and sustainability). Finally, it is important to consider that ecological succession is a desirable approach in restoration actions. Natural dynamics and disturbances should be considered as part of the restored system, to improve ecosystem integrity, health and

  3. Foreign-Related Commercial Dispute Resolution in China: a focus on litigation and arbitration

    B. Yuan (Bo)

    2017-01-01

    markdownabstractThe significant increase of foreign investment and trade is an important impetus for China’s economic development after the 1978 reform. The prosperity of foreign investment and trade brings both opportunities and challenges: accompanied by the increasing investment and trade

  4. Regulation of Dispute Resolution in Denmark: Mediation, Arbitration, Boards and Tribunals

    Adrian, Lin

    2013-01-01

    Bidraget indeholder en oversigt over alternativ konfliktløsning af konflikter - primært civilretlige konflikter, men strafferetlige konflikter berøres også. Oversigten vedrører såvel regulering som praksis. Bidraget munder ud i en diskussion af behovet for en international model lov, indholdet i ...

  5. 18 CFR 385.604 - Alternative means of dispute resolution (Rule 604).

    2010-04-01

    ... Commission and which is the subject of disagreement between participants who would be substantially affected... permanent or temporary officer or employee of the Federal Government (including an administrative law judge... controversy, except that a neutral who is not a government employee may serve if the interest is fully...

  6. Sanctity of dispute resolution clauses : strategic coherence of the Brussels system / Ilona Nurmela

    Nurmela, Ilona, 1976-

    2005-01-01

    1968. aasta Brüsseli konventsioon kohtualluvuse ja kohtuotsuste täitmise kohta tsiviil- ja kaubandusasjades (1968 Brussels Convention on jurisdiction and the enforcement of judgements in civil and commercial matters ; Brussels I Convention)

  7. 78 FR 49950 - Dispute Resolution Pilot Program for Public Assistance Appeals

    2013-08-16

    ... partially or otherwise deobligated for reasons including, but not limited to, discrepancies between... own expense. The requesting party must also pay for a copy of the transcript for the Panel members.... Costs FEMA will pay the fees associated with the panel including arbitrator compensation, and the...

  8. ALTERNATIVE DISPUTE RESOLUTION IN ISLAMIC FINANCE:RECENT DEVELOPMENT IN MALAYSIA

    Jasri Jamal

    2011-01-01

    Full Text Available On 31stMarch 2009, Court of Appeal has revoked the decision made by HighCourt to announce that the contract of Bay BithamanAjil is null and void in thecase ofArab-Malaysia v Taman Ihsan Jaya Sdn. Bhd. Onor[2008] 5 MLJ 631.Interestingly, the judgement made by Appeal Court has touched the basicelements of Islamic law especially the fundamentalissues of BBA such as sell andbuy contract, acceptance of difference views of school of laws in Islam and otherbasic issues ofShari’ahprinciples. This subject matter ofShari’ahprinciplesshould be decided by theShari’ahjudges who are more expert in Islamic law thanthe civil court. At the same year, the Government of Malaysia has passed the Central Bank ofMalaysia Act 2009 (Act 701 that provided the courtshall refer to the Shari’ahAdvisory Council or arbitrator before giving any judgment on Islamic Financedispute. This paper is looking into recent development of legal framework ofIslamic Financial System in Malaysia and also the jurisdiction of Shari’ah Courtpertaining that matters.

  9. 75 FR 13532 - Exelon Generation Company, LLC; Notice of Dispute Resolution Panel Convening and Technical...

    2010-03-22

    ... wishing to speak creates time constraints, the Panel may, at their discretion, limit the speaking time for...: Muddy Run Visitor Center at 172 Bethesda Church Road West, Holtwood, Pennsylvania Phone: Dave Byers, 717...

  10. Dispute resolution and “environmental” provisions in the WTO: promising developments for environmental matters

    Natalia Rodríguez Uribe

    2011-01-01

    Full Text Available En la actualidad, la política internacional tiende hacia la unificación económica y cultural (globalización, en la cual la totalidad de las naciones se encuentran vinculadas por interacciones comerciales. Para que los compromisos adquiridos en materia de protección ambiental sean respetados, el derecho ambiental debe dejar de ser considerado como una disciplina separada y buscar sinergias que le permitan convertirse en un actor importante en las relaciones comerciales. En el presente ensayo se argumenta que el comercio internacional y el derecho ambiental han coevolucionado en las últimas tres décadas, hasta llegar a un balance en el concepto de desarrollo sostenible. Este artículo explora esta coevolución, mientras propone que la Organización Mundial del Comercio (OMC puede jugar un importante rol en el cumplimiento de los objetivos internacionales de protección ambiental si sus disposiciones “verdes” y su sistema de resolución de conflictos son utilizados para promoverlos, tal como está sucediendo. Para ilustrar este punto, se presenta un breve resumen de los tratados comerciales y ambientales suscritos desde los años setenta, seguido de una explicación de las disposiciones legales de la OMC que pueden ser consideradas como “verdes”, con el fin de hallar puntos de convergencia que puedan ser utilizados por los países miembros no solo para justificar la adopción de normativas domésticas de protección ambiental, sino también para instar a los otros signatarios en el cumplimiento de sus obligaciones en esta área.

  11. 77 FR 16828 - Turlock Irrigation District, & Modesto Irrigation District; Notice of Dispute Resolution Process...

    2012-03-22

    ... 8--Salmon and Steelhead Full Life-Cycle Population Models; and Request 9--Effects of the Project and... DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Don Pedro Hydroelectric Project Project... relicensing proceeding for the Don Pedro Hydroelectric Project No. 2299-075.\\1\\ Turlock Irrigation District...

  12. THE POSSIBLE CONFIDENTIALITY: THE PUBLIC ADMINISTRATION AS PARTY IN THE ALTERNATIVE DISPUTE RESOLUTION MECHANISM

    Carlos Alberto de Salles

    2017-05-01

    Full Text Available This article debates the tension that exists between confidentiality, usual in ADRs, and the publicity principle, that rules the Public Administration in Brazil. As a solution points that the parameter of confidentiality when Public Administration is a party must be the preservation of accountability of the involved agencies, what means, the capacity to answer to its own goals and to obey the public control.

  13. 78 FR 52116 - Request for Public Comment on a Review Level Alternative Dispute Resolution Program

    2013-08-22

    .... Department of Labor's Occupational Safety and Health Administration (``OSHA'') at the trial level before an... and voluntary procedures to promote case settlement. Under the program, an administrative law judge acts as a settlement judge and oversees the ADR process. If a case does not settle, an administrative...

  14. 75 FR 21503 - Transferring Certain Enforcement Hotline Matters to the Dispute Resolution Service

    2010-04-26

    ... the construction and operation of jurisdictional infrastructure projects, effective May 1, 2010. Currently, the Commission's regulations require that natural gas pipeline companies provide contact... between individuals and natural gas pipeline companies on all certificated construction projects under the...

  15. THE EFFECTS OF THE PRIMACY OF THE EU LAW ON THE INVESTORSTATE DISPUTE RESOLUTION MECHANISM

    Bogdan Biriş

    2014-11-01

    Full Text Available This paper highlights the existing conflict between EU law and the provisions contained in Bilateral Investment Treaties with respect to the arbitration clause. In the context of the post-Lisbon, the European Union has exclusive competence in the area of investment is the only entitled to conclude investment treaties with third countries. However, many Member States continue to maintain in force bilateral treaties signed pre-Lisbon and jurisdiction clauses which conflict with European law. This paper will analyze the case law and doctrine in the field and will try to find solutions to avoid possible bottlenecks that may arise when a Member State is in a position to choose between compliance with European law and the rest of its international obligations.

  16. Priority Queuing on the Docket: Universality of Judicial Dispute Resolution Timing

    Satyam Mukherjee

    2018-01-01

    Full Text Available This paper analyzes court priority queuing behavior by examining the time lapse between when a case enters a court's docket and when it is ultimately disposed of. Using data from the Supreme courts of the United States, Massachusetts, and Canada we show that each court's docket features a slow decay with a decreasing tail. This demonstrates that, in each of the courts examined, the vast majority of cases are resolved relatively quickly, while there remains a small number of outlier cases that take an extremely long time to resolve. We discuss the implications for this on legal systems, the study of the law, and future research.

  17. Remote sensing for restoration ecology: Application for restoring degraded, damaged, transformed, or destroyed ecosystems.

    Reif, Molly K; Theel, Heather J

    2017-07-01

    Restoration monitoring is generally perceived as costly and time consuming, given the assumptions of successfully restoring ecological functions and services of a particular ecosystem or habitat. Opportunities exist for remote sensing to bolster the restoration science associated with a wide variety of injured resources, including resources affected by fire, hydropower operations, chemical releases, and oil spills, among others. In the last decade, the role of remote sensing to support restoration monitoring has increased, in part due to the advent of high-resolution satellite sensors as well as other sensor technology, such as lidar. Restoration practitioners in federal agencies require monitoring standards to assess restoration performance of injured resources. This review attempts to address a technical need and provides an introductory overview of spatial data and restoration metric considerations, as well as an in-depth review of optical (e.g., spaceborne, airborne, unmanned aerial vehicles) and active (e.g., radar, lidar) sensors and examples of restoration metrics that can be measured with remotely sensed data (e.g., land cover, species or habitat type, change detection, quality, degradation, diversity, and pressures or threats). To that end, the present article helps restoration practitioners assemble information not only about essential restoration metrics but also about the evolving technological approaches that can be used to best assess them. Given the need for monitoring standards to assess restoration success of injured resources, a universal monitoring framework should include a range of remote sensing options with which to measure common restoration metrics. Integr Environ Assess Manag 2017;13:614-630. Published 2016. This article is a US Government work and is in the public domain in the USA. Published 2016. This article is a US Government work and is in the public domain in the USA.

  18. SETTLEMENT OF DISPUTES BY JUDGE OR ARBITRATOR - IS THERE ANY DIFFERENCE

    BOSCHBOESJES, JE

    1994-01-01

    In a dispute between co-operating parties who cannot cannot come to an agreement, an important question is: who will be approached to give a decision in this dispute: the civil court, arbitrators or a 'bindend adviseur' (i.e. a unpartial third person who gives an absolute ruling). In the Netherlands

  19. The Intertemporal Principle in International Judicial Practice and Its Implications for the South China Sea Dispute

    Ma, Xuechan

    2016-01-01

    The intertemporal problem demonstrated in the South China Sea dispute is whether UNCLOS supersedes the previous legal order governing the disputed areas during the pre-UNCLOS period. In order to solve this problem, this article will conduct a detailed investigation into relevant international

  20. 42 CFR 422.311 - RADV audit dispute and appeal processes.

    2010-10-01

    ... Organizations § 422.311 RADV audit dispute and appeal processes. (a) Risk adjustment data validation (RADV) audits. In accordance with § 422.2 and § 422.310(e), CMS annually conducts RADV audits to ensure risk... 42 Public Health 3 2010-10-01 2010-10-01 false RADV audit dispute and appeal processes. 422.311...

  1. 76 FR 52045 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Diamond...

    2011-08-19

    ... Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning anti-dumping measures... of the World Trade Organization, http://www.wto.org . Comments open to public inspection may be... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS422] WTO Dispute Settlement...

  2. 78 FR 11725 - WTO Dispute Settlement Proceeding Regarding Indonesia Importation of Horticultural Products...

    2013-02-19

    ... (``Indonesia'') under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement... report of the Appellate Body, will also be available on the Web site of the World Trade Organization at... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WT/DS455] WTO Dispute Settlement...

  3. 77 FR 33015 - WTO Dispute Settlement Proceeding Regarding India-Measures Concerning the Importation of Certain...

    2012-06-04

    ... Establishing the World Trade Organization (``WTO Agreement'') with the Government of India (``India... Trade Organization, www.wto.org . Comments open to public inspection may be viewed on the www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS430] WTO Dispute Settlement...

  4. 75 FR 23318 - WTO Dispute Settlement Proceeding Regarding Philippines-Taxes on Distilled Spirits

    2010-05-03

    ... of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization... established by the World Trade Organization (``WTO'') Dispute Settlement Body on April 20, 2010. USTR invites... available on the Web site of the World Trade Organization, http://www.wto.org . Comments will be placed in...

  5. 78 FR 12414 - WTO Dispute Settlement Proceeding Regarding United States-Measures Affecting the Importation of...

    2013-02-22

    ... Agreement Establishing the World Trade Organization (AWTO [email protected]). That request may be found at www.wto... the World Trade Organization, at www.wto.org . Comments open to public inspection may be viewed at www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS447] WTO Dispute Settlement...

  6. 77 FR 46788 - WTO Dispute Settlement Proceeding Regarding China-Anti-Dumping and Countervailing Duties on...

    2012-08-06

    ... the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning China... Appellate Body, will also be available on the Web site of the World Trade Organization at www.wto.org... TRADE REPRESENTATIVE [Dispute No. WT/DS440/1] WTO Dispute Settlement Proceeding Regarding China...

  7. 78 FR 58378 - WTO Dispute Settlement Proceeding Regarding Anti-Dumping and Countervailing Measures on Large...

    2013-09-23

    ... Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping and [[Page... available on the Web site of the World Trade Organization, at www.wto.org . Comments open to public... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS464] WTO Dispute Settlement...

  8. 77 FR 53959 - WTO Dispute Settlement Proceeding Regarding Argentina-Measures Affecting the Importation of Goods

    2012-09-04

    ... Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain measures imposed... Appellate Body, will also be available on the Web site of the World Trade Organization at www.wto.org... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WT/DS444] WTO Dispute Settlement...

  9. 77 FR 2119 - WTO Dispute Settlement Proceeding Regarding China-Anti-Dumping and Countervailing Duty Measures...

    2012-01-13

    ... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') with the People's Republic... of the Appellate Body, will be available on the Web site of the World Trade Organization, www.wto.org... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS427] WTO Dispute Settlement...

  10. 78 FR 27279 - WTO Dispute Settlement Proceeding Regarding Indonesia-Importation of Horticultural Products...

    2013-05-09

    ... Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www... the World Trade Organization, at www.wto.org . Comments open to public inspection may be viewed at www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS455] WTO Dispute Settlement...

  11. 77 FR 18296 - WTO Dispute Settlement Proceeding Regarding India-Measures Concerning the Importation of Certain...

    2012-03-27

    ... Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping measures prohibitions... available on the Web site of the World Trade Organization, www.wto.org . Comments open to public inspection... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS430] WTO Dispute Settlement...

  12. Multiple territories in dispute : water policies, participation and Mapuce indigenous rights in Patagonia, Argentina

    Moreyra, A.

    2009-01-01

    This thesis is about the multiple territories which dispute the shape and control of
    the development of the Trahunco-Quitrahue watershed, at Cerro Chapelko,
    Neuquén province in Argentinean Patagonian. Built into these disputes are the
    struggles of Mapuce peoples -indigenous peoples

  13. 42 CFR 50.404 - What disputes are covered by these procedures?

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false What disputes are covered by these procedures? 50.404 Section 50.404 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES GRANTS POLICIES OF GENERAL APPLICABILITY Public Health Service Grant Appeals Procedure § 50.404 What disputes are...

  14. 77 FR 61818 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping and Countervailing Duties...

    2012-10-11

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS440] WTO Dispute Settlement... under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') with the... certain automobiles from the United States. That request may be found at www.wto.org in a document...

  15. 77 FR 19745 - WTO Dispute Settlement Proceeding Regarding United States; Anti-Dumping Measures on Certain...

    2012-04-02

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS429] WTO Dispute Settlement..., regulations, administrative procedures, practices, and methodologies. That request may be found at www.wto.org... notice that consultations have been requested pursuant to the WTO Understanding on Rules and Procedures...

  16. Authority, Legitimacy, and Fragmentation in the (Envisaged) Dispute Settlement Disciplines in Mega-Regionals

    Schill, S.W.; Griller, S.; Obwexer, W.; Vranes, E.

    2017-01-01

    This chapter analyses the inter-state and investor-state dispute settlement disciplines included in mega-regionals, focusing on the Comprehensive Economic and Trade Agreement and the Trans-Pacific Partnership. It argues that dispute settlement assumes a pivotal role in trade and investment

  17. THE GORONTALO RELIGIOUS COURT JUDGES RESPONSE TOWARD THEIR ABSOLUTE COMPETENCE IN RESOLVING SHARIAH ECONOMY DISPUTES

    Andi Mardiana

    2015-06-01

    Full Text Available Post the first amendment of Religious Courts Bill that provides wider authority toward Religious Courts in investigate and decide Islamic economics disputes has responses, whether support or pessimistic, especially among Religious Court judges themselves. This paper examines the Gorontalo Religious Courts judges response about their authority in resolve Shariah economy disputes. This paper is a qualitative descriptive research and the data was collected using observation, interviews and document reviews. The finding of this study revealed that the Gorontalo Religious Courts judges response well to trust laws in handling disputes Shariah economy. In other words, in principle, they are ready to handle disputes Islamic economics. Readiness, such as: the handling disputes Shariah economy is Religious Courts judges authorities and it is a professional responsibility as a judge; Religious Courts formed a special judge to handle falling out or cases of Shariah economy, and Religious Courts judges provides knowledge of Shariah economy without trainings or workshops.

  18. 76 FR 30987 - Termination of Action and Further Monitoring in Connection With the EC-Beef Hormones Dispute

    2011-05-27

    ... Connection With the EC-Beef Hormones Dispute AGENCY: Office of the United States Trade Representative. ACTION... Hormones dispute. In January 2009, the Trade Representative announced a determination to modify the list of...) in the EC-Beef Hormones dispute. The MOU provides for the EU to make phased increases in market...

  19. Legal transformations of business disputes in post-soviet Ukraine

    Tatiana Kyselova

    2011-10-01

    Full Text Available This paper explores mobilisation of law by Ukrainian business people at the pre-litigation stage of disputes, when litigation has not as yet been commenced but a legal claim has been formalised through the pretenziya - a formal letter to the delinquent party written to a special template. In Soviet times the pretenziya was by law an obligatory prerequisite before filing a claim in a commercial court (arbitrazh, but nowadays it is optional. Having analysed the spectrum of legal and extra-legal functions of pretenziya, this paper concludes that due to its adaptability, pretenziya proved capable of operating both as a token of the public order – the ‘shadow of the law’ - and as part of a private contract enforcement. Pretenziya in a voluntary form has not only survived in market-oriented economy but even opened up new avenues for the creative use of legal forms in post-Soviet business.

  20. Decolonizing bodies and emotions: a dispute with the expropriatory reason

    Rebeca Beatriz Cena

    2015-02-01

    Full Text Available The current issue of the Latin American Journal of Studies on Bodies, Emotions and Society (RELACES entitled “Decolonizing bodies and emotions: a dispute with the expropriatory reason” gathers a series of articles framed within those problematizations which, from different approaches (the ways of feeling beauty and body aesthetics; the pain of “victims” of human rights; the different ways to conceive health and “the medicinal”; the conceptions of precarity; the shapes adopted by individual and social fear, and breaks as ways of regulating emotions in present capitalism, analyze the assumptions of the western reason as the reason par excellence.       

  1. Territorial disputes, identity conflicts, and violence in surfing

    Marília Martins Bandeira

    2014-03-01

    Full Text Available Aggressive manifestations of localism are a current concern among surfers and are becoming well known as a result of specialized media. The objective of this paper was to investigate this phenomenon through the examination of a specific case and empirical fieldwork that was conducted for an ethnography of São Paulo surfers. The data were obtained via participant observations and open interviews. The results indicate that conflicts generally begin as disputes over the best waves. Surfing has a general rule of "wave priority criteria," based on spatial positioning. However, this universal rule may be intentionally broken depending on surfers' sociability. Ethnic and class differences based on historical processes can exist in oppositional relationships among surfers and are manifested by categories of accusation or identity (in São Paulo's case, local, haole, roots,prego,and playboy. However, this category attribution is contextual and interchangeable because surfers circulate between groups and beaches while searching for waves.

  2. State-investor disputes connected to foreign investments in the nuclear energy sector: A review of the two cases arising under the energy charter treaty

    Stanivuković Maja

    2011-01-01

    Full Text Available The idea of foreign investments in nuclear energy sector is relatively new. Foreign investors were for a long time denied an opportunity to invest in the sector which was considered to be too sensitive for reasons of safety and security. Together with the change of an attitude towards foreign private investment in this area a possibility of disputes between foreign investors and the host State also emerged. The Energy Charter Treaty represents the only currently existing comprehensive legal instrument of multilateral character which specifically provides for protection of foreign investments in the energy sector against non-commercial risks and establishes a mechanism for resolution of investment disputes. The article contains a review of the cases of HEP v. Slovenia and AMTO v. Ukraine, the only two arbitrations that have arisen so far under the ECT from disputes concerning foreign investments in the nuclear sector. Their analysis shows that the involvement of State in this sector is indispensable but it should be exercised with respect for rights of investors protected by international law. Regulatory measures introduced by the State to protect certain important interest, such as public health, safety, security or the environment, may be perceived by the investor as having equivalent effect to expropriation. Regulatory uncertainty is considered to be one of the main deterrents to investment in new nuclear plants.

  3. Environmental Systems Conflict Resolution

    Hipel, K. W.

    2017-12-01

    The Graph Model for Conflict Resolution (GMCR) is applied to a real-life groundwater contamination dispute to demonstrate how one can realistically model and analyze the controversy in order to obtain an enhanced understanding and strategic insights for permitting one to make informed decisions. This highly divisive conflict is utilized to explain a rich range of inherent capabilities of GMCR, as well as worthwhile avenues for extensions, which make GMCR a truly powerful decision technology for addressing challenging conflict situations. For instance, a flexible preference elicitation method called option prioritization can be employed to obtain the relative preferences of each decision maker (DM) in the dispute over the states or scenarios which can occur, based upon preference statements regarding the options or courses of actions available to the DMs. Solution concepts, reflecting the way a chess player thinks in terms of moves and counter-moves, are defined to mirror the ways humans may behave under conflict, varying from short to long term thinking. After ascertaining the best outcome that a DM can achieve on his or her own in a conflict, coalition analysis algorithms are available to check if a DM can fare even better via cooperating with others. The ability of GMCR to take into account emotions, strength of preference, attitudes, misunderstandings (referred to as hypergames), and uncertain preferences (unknown, fuzzy, grey and probabilistic) greatly broadens its scope of applicability. Techniques for tracing how a conflict can evolve over time from a status quo state to a final specified outcome, as well as how to handle hierarchical structures, such as when a central government interacts with its provinces or states, further enforces the comprehensive nature of GMCR. Within ongoing conflict research mimicking how physical systems are analyzed, methods for inverse engineering of preferences are explained for determining the preferences required by one or

  4. Restorative dentistry for children.

    Donly, Kevin J

    2013-01-01

    This article discusses contemporary pediatric restorative dentistry. Indications and contraindications for the choice of different restorative materials in different clinical situations, including the risk assessment of the patient, are presented. The specific use of glass ionomer cement or resin-modified glass ionomer cement, resin-based composite, and stainless steel crowns is discussed so that preparation design and restoration placement is understood. Copyright © 2013 Elsevier Inc. All rights reserved.

  5. Ecological restoration [book review

    Eric J. Gustafson

    2010-01-01

    Ecological restoration has increased in prominence in recent years as environmental policies have slowed the rate of environmental degradation in many parts of the world and practitioners have looked for active ways to reverse the damage. Because of the vast number of types and contexts of degraded ecological systems, the field of ecological restoration is still very...

  6. Challenges of ecological restoration

    Halme, Panu; Allen, Katherine A.; Aunins, Ainars

    2013-01-01

    we introduce northern forests as an ecosystem, discuss the historical and recent human impact and provide a brief status report on the ecological restoration projects and research already conducted there. Based on this discussion, we argue that before any restoration actions commence, the ecology......The alarming rate of ecosystem degradation has raised the need for ecological restoration throughout different biomes and continents. North European forests may appear as one of the least vulnerable ecosystems from a global perspective, since forest cover is not rapidly decreasing and many...... on Biological Diversity. Several northern countries are now taking up this challenge by restoring forest biodiversity with increasing intensity. The ecology and biodiversity of boreal forests are relatively well understood making them a good model for restoration activities in many other forest ecosystems. Here...

  7. Retributive and restorative justice.

    Wenzel, Michael; Okimoto, Tyler G; Feather, Norman T; Platow, Michael J

    2008-10-01

    The emergence of restorative justice as an alternative model to Western, court-based criminal justice may have important implications for the psychology of justice. It is proposed that two different notions of justice affect responses to rule-breaking: restorative and retributive justice. Retributive justice essentially refers to the repair of justice through unilateral imposition of punishment, whereas restorative justice means the repair of justice through reaffirming a shared value-consensus in a bilateral process. Among the symbolic implications of transgressions, concerns about status and power are primarily related to retributive justice and concerns about shared values are primarily related to restorative justice. At the core of these processes, however, lies the parties' construal of their identity relation, specifically whether or not respondents perceive to share an identity with the offender. The specific case of intergroup transgressions is discussed, as are implications for future research on restoring a sense of justice after rule-breaking.

  8. Disputable issues in the application of the Administrative Procedure Act

    Dimitrijević Predrag

    2014-01-01

    Full Text Available The reform of administrative procedure and the applicable General Administrative Procedure Act (GAPA calls for determining the 'open' and 'disputable' issues in the application of this Act. The process of reforming the administrative legislation does not only imply taking into account the EU standards but also considering the complex, abundant and diverse national administrative practice and case law. The Serbian administrative practice points to some 'open' questions in the application of the current GAPA which should be the cornerstones in the reform of administrative legislation. In that course, it is crucial to start from the current administrative legislation and administrative practice. It is worth noting that the GAPA is already subject to permanent reform through the process of amending the subject-specific substantive provisions governing special administrative proceedings. Such practice should be upheld because the area of special administrative procedure is a dynamic environment where the APA is actually being modeled by amending the special administrative proceedings but in full compliance with the fundamental GAPA principles. Thus, the GAPA should be subject to minimal reform, primarily in the regulation of those procedural matters which have already passed the application test in both national and comparative practice; these 'safe points of reference' significantly improve the process in line with the basic administrative principles and largely contribute to its efficiency, as opposed to other alternative proposals on procedural solutions. The basic presumption for a successful APA reform is the functional analysis of the Draft GAPA. Some of the disputable issues include the subject matter of the GAPA, the enactment of administrative acts and concluding administrative agreements. In case of expanding the scope of the GAPA subject matter, the legislator is obliged to expressly regulate the administrative proceeding for concluding

  9. World Trade Organization: U.S. Experience in Dispute Settlement System: The First Five Years

    2000-01-01

    ... of multilateral trade rules. In addition, the Uruguay Round agreements established a new dispute settlement system, replacing that under the General Agreement on Tariffs and Trade, the predecessor to the WTO...

  10. Kant's disputation of 1770: the dissertation and the communication of knowledge in early modern Europe.

    Chang, Kevin

    2007-06-01

    Kant's disputation of 1770 at his inauguration as the metaphysics professor at Königsberg is a good example of the nature of the early modern dissertation and its use as a means of communicating knowledge. The public disputation played an important part in the teaching, examination, publication and ceremonial life of the medieval university. Originally prepared as a text for the public disputation, the dissertation communicated the teachings of individual scholars and institutions and was used by eminent early modern scholars to introduce their ideas and findings. Kant's use of his 1770 disputation also reveals the different channels of communication, both private and public, that paid close attention to knowledge published in dissertations.

  11. Dispute settlement in international space law : a multi-door courthouse for outer space

    Goh, Gérardine Meishan

    2007-01-01

    The rights, rules and regulations of international space law are futile without an effective enforcement mechanism that provides a sufficient and adequate remedy. International space law is particularly significant in the evolution of international dispute settlement because it involves a

  12. L'etat, C'est Moi: Why provincial Intra-governmental disputes in ...

    L'etat, C'est Moi: Why provincial Intra-governmental disputes in Shout Africa remain ungoverned by the final constitution and the Intergovernmental Relations Framework Act - and how we can best resolve them.

  13. Nanowire arrays restore vision in blind mice.

    Tang, Jing; Qin, Nan; Chong, Yan; Diao, Yupu; Yiliguma; Wang, Zhexuan; Xue, Tian; Jiang, Min; Zhang, Jiayi; Zheng, Gengfeng

    2018-03-06

    The restoration of light response with complex spatiotemporal features in retinal degenerative diseases towards retinal prosthesis has proven to be a considerable challenge over the past decades. Herein, inspired by the structure and function of photoreceptors in retinas, we develop artificial photoreceptors based on gold nanoparticle-decorated titania nanowire arrays, for restoration of visual responses in the blind mice with degenerated photoreceptors. Green, blue and near UV light responses in the retinal ganglion cells (RGCs) are restored with a spatial resolution better than 100 µm. ON responses in RGCs are blocked by glutamatergic antagonists, suggesting functional preservation of the remaining retinal circuits. Moreover, neurons in the primary visual cortex respond to light after subretinal implant of nanowire arrays. Improvement in pupillary light reflex suggests the behavioral recovery of light sensitivity. Our study will shed light on the development of a new generation of optoelectronic toolkits for subretinal prosthetic devices.

  14. The Gorontalo Religious Court Judges Response Toward Their Absolute Competence in Resolving Shariah Economy Disputes

    Mardiana, Andi; Darwis, Rizal

    2015-01-01

    Post the first amendment of Religious Courts Bill that provides wider authority toward Religious Courts in investigate and decide Islamic economics disputes has responses, whether support or pessimistic, especially among Religious Court judges themselves. This paper examines the Gorontalo Religious Courts judges response about their authority in resolve Shariah economy disputes. This paper is a qualitative descriptive research and the data was collected using observation, interviews and docum...

  15. Can risk communication provide assistance in nuclear energy disputes?

    Meadd, Ellen

    2001-01-01

    The continued use of nuclear technology in Canada appears to he limited by a lack of public acceptance of fuel waste disposal strategies. The outcome of the recent environmental assessment process conducted on the deep geological disposal concept bears-out this point. A brief review of transcripts from the he public hearing portion of this process indicates that public sentiment on the issue includes anti-nuclear attitudes and concern over equity, safety, and trust. This paper discusses Canadian sentiment on the issue and suggests that it is in line with public views on similar issues in other nations. The field of risk communication has played a significant role in understanding the root causes of public opposition. This paper suggests that the field is well-placed to play an expanded role in resolving the issues underlying public concerns, (e.g., lack of trust, public disenfranchisement with the decision making process); however, this is a supportive role. It is suggested that broad-based involvement, commitment, and collaboration among all stake holders in this dispute are necessary if improvement is to be achieved. (author)

  16. Bearing restoration by grinding

    Hanau, H.; Parker, R. J.; Zaretsky, E. V.; Chen, S. M.; Bull, H. L.

    1976-01-01

    A joint program was undertaken by the NASA Lewis Research Center and the Army Aviation Systems Command to restore by grinding those rolling-element bearings which are currently being discarded at aircraft engine and transmission overhaul. Three bearing types were selected from the UH-1 helicopter engine (T-53) and transmission for the pilot program. No bearing failures occurred related to the restoration by grinding process. The risk and cost of a bearing restoration by grinding programs was analyzed. A microeconomic impact analysis was performed.

  17. Restoration of landfill sites

    Jones, A K; Chamley, M E

    1986-10-01

    Many excavated quarries are subsequently used for waste disposal operations and frequently imported landfill provides the only means of restoring a former quarry to some beneficial afteruse. Concentrating solely on the final surface cover, this paper sets out some of the principles, which should be considered by those involved in landfill operations to ensure the long term success of restoration schemes. With the emphasis on restoration to agriculture, factors such as availability of cover materials and depths necessary are discussed in terms of requirements to support plant growth, protect clay capping layers and prevent damage to agricultural implements. Soil handling and appropriate after care management are considered. 4 refs.

  18. Coastal Wetland Restoration Bibliography

    Yozzo, David

    1997-01-01

    This bibliography was compiled to provide biologists, engineers, and planners at Corps Districts and other agencies/ institutions with a guide to the diverse body of literature on coastal wetland restoration...

  19. Restoration of ailing wetlands.

    Oswald J Schmitz

    2012-01-01

    Full Text Available It is widely held that humankind's destructive tendencies when exploiting natural resources leads to irreparable harm to the environment. Yet, this thinking runs counter to evidence that many ecological systems damaged by severe natural environmental disturbances (e.g., hurricanes can restore themselves via processes of natural recovery. The emerging field of restoration ecology is capitalizing on the natural restorative tendencies of ecological systems to build a science of repairing the harm inflicted by humans on natural environment. Evidence for this, for example, comes from a new meta-analysis of 124 studies that synthesizes recovery of impacted wetlands worldwide. While it may take up to two human generations to see full recovery, there is promise, given human will, to restore many damaged wetlands worldwide.

  20. Principles of Wetland Restoration

    the return of a degraded ecosystem to a close approximation of its remaining natural potential - is experiencing a groundswell of support across the United States. The number of stream, river, lake, wetland and estuary restoration projects grows yearly

  1. Skjern River Restoration Counterfactual

    Clemmensen, Thomas Juel

    2014-01-01

    In 2003 the Skjern River Restoration Project in Denmark was awarded the prestigious Europa Nostra Prize for ‘conserving the European cultural heritage’ (Danish Nature Agency 2005). In this case, however, it seems that the conservation of one cultural heritage came at the expense of another cultural...... this massive reconstruction work, which involved moving more than 2,7 million cubic meters of earth, cause a lot of ‘dissonance’ among the local population, the resulting ‘nature’ and its dynamic processes are also constantly compromising the preferred image of the restored landscape (Clemmensen 2014......). The presentation offers insight into an on-going research and development project - Skjern River Restoration Counterfactual, which question existing trends and logics within nature restoration. The project explores how the Skjern River Delta could have been ‘restored’ with a greater sensibility for its cultural...

  2. based dynamic voltage restorer

    HOD

    operation due to presence of increased use of nonlinear loads (computers, microcontrollers ... simulations of a dynamic voltage restorer (DVR) was achieved using MATLAB/Simulink. ..... using Discrete PWM generator, then the IGBT inverter.

  3. Conflict Resolution: Preparing Preservice Special Educators to Work in Collaborative Settings

    Bradley, Janetta Fleming; Monda-Amaya, Lisa E.

    2005-01-01

    Collaborative practice to provide effective programs for students with special needs and their families has increased with many positive results. But as this collaborative practice increases, so does the potential for conflict. Constructive conflict resolution occurs when disputants have knowledge and skills to produce positive outcomes, maintain…

  4. Regional governance: strategies and disputes in health region management

    Adriano Maia dos Santos

    2014-08-01

    Full Text Available OBJECTIVE To analyze the regional governance of the health systemin relation to management strategies and disputes. METHODOLOGICAL PROCEDURES A qualitative study with health managers from 19 municipalities in the health region of Bahia, Northeastern Brazil. Data were drawn from 17 semi-structured interviews of state, regional, and municipal health policymakers and managers; a focus group; observations of the regional interagency committee; and documents in 2012. The political-institutional and the organizational components were analyzed in the light of dialectical hermeneutics. RESULTS The regional interagency committee is the chief regional governance strategy/component and functions as a strategic tool for strengthening governance. It brings together a diversity of members responsible for decision making in the healthcare territories, who need to negotiate the allocation of funding and the distribution of facilities for common use in the region. The high turnover of health secretaries, their lack of autonomy from the local executive decisions, inadequate technical training to exercise their function, and the influence of party politics on decision making stand as obstacles to the regional interagency committee’s permeability to social demands. Funding is insufficient to enable the fulfillment of the officially integrated agreed-upon program or to boost public supply by the system, requiring that public managers procure services from the private market at values higher than the national health service price schedule (Brazilian Unified Health System Table. The study determined that “facilitators” under contract to health departments accelerated access to specialized (diagnostic, therapeutic and/or surgical services in other municipalities by direct payment to physicians for procedure costs already covered by the Brazilian Unified Health System. CONCLUSIONS The characteristics identified a regionalized system with a conflictive pattern of

  5. Joint image restoration and location in visual navigation system

    Wu, Yuefeng; Sang, Nong; Lin, Wei; Shao, Yuanjie

    2018-02-01

    Image location methods are the key technologies of visual navigation, most previous image location methods simply assume the ideal inputs without taking into account the real-world degradations (e.g. low resolution and blur). In view of such degradations, the conventional image location methods first perform image restoration and then match the restored image on the reference image. However, the defective output of the image restoration can affect the result of localization, by dealing with the restoration and location separately. In this paper, we present a joint image restoration and location (JRL) method, which utilizes the sparse representation prior to handle the challenging problem of low-quality image location. The sparse representation prior states that the degraded input image, if correctly restored, will have a good sparse representation in terms of the dictionary constructed from the reference image. By iteratively solving the image restoration in pursuit of the sparest representation, our method can achieve simultaneous restoration and location. Based on such a sparse representation prior, we demonstrate that the image restoration task and the location task can benefit greatly from each other. Extensive experiments on real scene images with Gaussian blur are carried out and our joint model outperforms the conventional methods of treating the two tasks independently.

  6. Potential media influence on the high incidence of medical disputes from the perspective of plastic surgeons.

    Chen, Chiehfeng; Lin, Ching-Feng; Chen, Cha-Chun; Chiu, Shih-Feng; Shih, Fuh-Yuan; Lyu, Shu-Yu; Lee, Ming-Been

    2017-08-01

    The main purpose of this study is to investigate the prevalence of medical disputes among plastic surgeons in Taiwan and to elucidate their perspectives regarding the influence of medical litigation media coverage on the physician-patient relationship. A self-administered questionnaire was distributed among plastic surgeons attending a series of continuing education training lectures organized by the Taiwan Society of Plastic Surgery in 2015. Of the 109 respondents, over a third (36.4%) had previously experienced a medical dispute. The vast majority of both physicians who had medical disputes (77.1%) and those who did not (72.1%) felt that the media tends to be supportive of patients in their reporting, and 37.1% of all plastic surgeons felt that the media always portrays the patient as a victim. Respondents who experienced medical disputes in this study felt that the top five leading causes of the high incidence of medical disputes were patient disappointment with procedure results (81.1%), insufficient patient psychological preparation or emotional instability (61.7%), inadequate risk communication on the part of the physician (64.9%), patient uneasiness with the procedure or perception of carelessness (60.6%), and insufficient physician training or incorrect medical evaluation (57.4%). Over a third of the respondents had previously experienced a medical dispute. This study highlights the perception among plastic surgeons that the media reporting of medical disputes and medical litigation is biased in favor of the patients, with 37.1% of the plastic surgeons surveyed opining that patients are always cast as victims. Copyright © 2017. Published by Elsevier B.V.

  7. Technical framework for groundwater restoration

    1991-04-01

    This document provides the technical framework for groundwater restoration under Phase II of the Uranium Mill Tailings Remedial Action (UMTRA) Project. A preliminary management plan for Phase II has been set forth in a companion document titled ''Preplanning Guidance Document for Groundwater Restoration''. General principles of site characterization for groundwater restoration, restoration methods, and treatment are discussed in this document to provide an overview of standard technical approaches to groundwater restoration

  8. Investor-State Dispute Settlement Mechanism: The Quest for a Workable Roadmap

    Sachet Singh

    2013-01-01

    Full Text Available The last decade has witnessed an unprecedented increase in the use of investor-State arbitration, highlighting numerous shortcomings of the existing investor-State dispute settlement system. The legitimacy of the International Investment regime has been under severe criticism due to the growing discontent amongst the investors as well as the host States. The increased litigation has led to both the process and the outcome being questioned and has undermined the growth of harmonious relationships between foreign investors and host States. The object of this paper is to explore a workable roadmap for the investor-State dispute settlement mechanism by tracing the evolution of the existing system and by analysing the dispute settlement mechanism in major international investment agreements. Furthermore, it highlights the causes and the possible consequences of the denunciation of Bilateral Investment Treaties ('BITs' and the International Centre for Settlement of Investment Disputes ('ICSID' by host nations, which have been plagued by a myriad of investment suits. The authors suggest the need for doing away with highly protective investor-State dispute settlement mechanisms ('ISDSMs' in future investment agreements and recommend the need for designing an appellate mechanism for bringing consistency and predictability to the system.

  9. Dispute Settlement Patterns on The Village Chief Election In Indonesia (Lumajang Regency

    Fauziyah Fauziyah

    2016-06-01

    Full Text Available In the year of 2013, Lumajang Regency carries out 159 village chief election (Pilkades. There are 4 disputes of Pilkades, and all about voice counting result of Pilkades. Local Regulation No. 24 year 2006 and Local Regulation No. 6 year 2012 do not state any matter of dispute in village headman election and mechanism of solution, but Local Government Regulation determines Watchdog Committee in the level of sub-district and Team of Village Governance Issues Completion in the level of District. Watchdog committee conducts supervision by preventive and repressive act. Supervision is done through preventive act in the form of communications and socialization to the village officer, Village Consultative Council (BPD, and Pilkades Committee about the importance of honest, fair and democratic Pilkades. Meanwhile, supervision is conducted through repressive act by facilitating the parties if dispute happened. As the result, committee executes the monitoring well, proven from 159 Pilkades, there was only 4 disputes, three among others can be resolved in non litigation process. Existence of Watchdog Committee is supported by the availability of budget coming from help of region budget (APBD that is packed into village budget (APBDes, Rp.2.000.000 for every Pilkades. How to Cite: Fauziyah, F., & Praptianingsih, S. (2016. Dispute Settlement Patterns on The Village Chief Election In Indonesia (Lumajang Regency. Rechtsidee, 3(1, 53-62. doi: http://dx.doi.org/10.21070/jihr.v3i1.159

  10. A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery Field.

    Park, Bo Young; Kim, Min Ji; Kang, So Ra; Hong, Seung Eun

    2016-05-01

    Disputes regarding medical malpractice occur between practitioners and patients. As patients have become increasingly aware regarding medical care, an increase in the unexpected side effects of procedures has been observed, thereby leading to an increase in disputes regarding medical malpractice. In this study, we reviewed trends in precedents involving cosmetic surgery-related medical disputes, with the goal of helping to prevent unnecessary disputes in the future. We conducted a search of the judgments made in South Korean courts between 2000 and 2013 that were related to the field of plastic surgery. A total of 54 judgments were analyzed, and the selected precedents were reviewed and classified according to the kind of negligence involved. The claim amounts ranged from under 8 million KRW (6,991 USD) to 750 million KRW (629,995 USD). The most common ratio of the judgment amount to the claim amount was 20%-30%. The judgments were classified according to the following categories: violation of the duty of explanation in 17 cases (29%), violation of the duty of care in 10 cases (17%), violation of both duties in 20 cases (35%), and no violation of duty in six cases (10%). Cosmetic surgery-related suits require different approaches than general malpractice suits. The Supreme Court requires plastic surgeons to determine the type, timing, methods, and scope of their treatments when considering possible results. Therefore, practitioners should be educated on their rights and responsibilities to enable them to cope with any possible medical dispute that may arise.

  11. Survey and Restoration

    Mileto, C.; Vegas, F.

    2017-05-01

    In addition to the technological evolution over the last two centuries, survey has experienced two main conceptual leaps: the introduction of photography as a tool for an indiscriminate register for reality, and the shift from autographic to allographic survey, phenomena which can generate a distancing effect within the restoration process. Besides, this text presents the relationship between survey in its numerous forms and technologies (manual and semi-manual to more complex ones like scanner-laser) and the restoration of the building, either for establishing a diagnosis, operating or valorizating, illustrating it with examples developed by the authors, as well as the criteria to be applied when documenting a building to be restored, irrespective of the means and technology available in each case.

  12. SURVEY AND RESTORATION

    C. Mileto

    2017-05-01

    Full Text Available In addition to the technological evolution over the last two centuries, survey has experienced two main conceptual leaps: the introduction of photography as a tool for an indiscriminate register for reality, and the shift from autographic to allographic survey, phenomena which can generate a distancing effect within the restoration process. Besides, this text presents the relationship between survey in its numerous forms and technologies (manual and semi-manual to more complex ones like scanner-laser and the restoration of the building, either for establishing a diagnosis, operating or valorizating, illustrating it with examples developed by the authors, as well as the criteria to be applied when documenting a building to be restored, irrespective of the means and technology available in each case.

  13. The development of conflict resolution practices in Irish workplaces

    Roche William K.

    2016-12-01

    Full Text Available This paper examines the development of procedures for conflict resolution in workplaces in Ireland and the more recent emergence of alternative dispute resolution (ADR practices. Based on a synthesis of data from a series of studies and on a review of reports of conflict resolution innovations, the paper shows how conventional procedures for resolving collective disputes and individual employment grievances had become almost standard by the 1980s, while a series of ADR practices became features of conflict resolution from the 1990s. The changing character of conflict resolution procedures and practices is attributed to a series of influences that include the professionalisation of personnel and human resource management, the changing pattern and context of workplace conflict, the growing importance of multinational firms, and the emergence of professional training and expertise in the provision of ADR support services. The paper projects a continuing rise in the incidence and use of ADR practices but questions the extent to which organisations in Ireland are likely to adopt conflict management systems based on integrated sets of conflict resolution practices.

  14. New multilateral approaches solving the nuclear energy dispute with Iran

    Heireng, Hege Schultz; Moezzi, Maryam; Kippe, Halvor

    2011-01-01

    The focus of this report is on possible multilateral approaches for cooperation with Iran on the nuclear fuel cycle. The aim is to contribute in finding diplomatic solutions to the Iranian nuclear dispute. The proposals challenge the traditional views of Iran's role in the nuclear negotiations in particular, and in the international community in general. The report investigates the possibility of accepting Iran's enrichment of uranium, under an enhanced safeguards regime, and through a multilateral cooperation on the production of nuclear fuel. In relation to this, the report also explores the benefits of including new actors in the proposed solutions.Two different models for multilateral nuclear fuel cycle cooperation with Iran will be presented. The aim of these models is to ensure greater transparency in Iran's nuclear activities, in order to minimize the risk of proliferation of nuclear weapons, while simultaneously presenting a solution that will be acceptable to Iran. The first model is a tripartite consortium model that consists of a cooperation between Kazakhstan, Iran and South Africa, in which these countries additionally cooperate with an IAEA-supervised international nuclear fuel bank. The second model is a nuclear fuel cycle cooperation between Iran and six of the countries bordering the Persian Gulf. In both models, the countries in question will be responsible for different parts of the nuclear fuel cycle. Iran will be responsible for the uranium enrichment activities, but will have to give up all other fuel cycle activities. Another prerequisite is that Iran accepts not to store enriched uranium on Iranian soil.The report shows that the international community should consider accepting enrichment of uranium on Iranian soil in the long-term. In addition, it is concluded that cooperation with Iran on the nuclear fuel cycle, where Iran is a reliable nuclear supplier state of enriched uranium and other states are responsible for the remaining parts of

  15. New multilateral approaches solving the nuclear energy dispute with Iran

    Heireng, Hege Schultz; Moezzi, Maryam; Kippe, Halvor

    2011-07-01

    The focus of this report is on possible multilateral approaches for cooperation with Iran on the nuclear fuel cycle. The aim is to contribute in finding diplomatic solutions to the Iranian nuclear dispute. The proposals challenge the traditional views of Iran's role in the nuclear negotiations in particular, and in the international community in general. The report investigates the possibility of accepting Iran's enrichment of uranium, under an enhanced safeguards regime, and through a multilateral cooperation on the production of nuclear fuel. In relation to this, the report also explores the benefits of including new actors in the proposed solutions.Two different models for multilateral nuclear fuel cycle cooperation with Iran will be presented. The aim of these models is to ensure greater transparency in Iran's nuclear activities, in order to minimize the risk of proliferation of nuclear weapons, while simultaneously presenting a solution that will be acceptable to Iran. The first model is a tripartite consortium model that consists of a cooperation between Kazakhstan, Iran and South Africa, in which these countries additionally cooperate with an IAEA-supervised international nuclear fuel bank. The second model is a nuclear fuel cycle cooperation between Iran and six of the countries bordering the Persian Gulf. In both models, the countries in question will be responsible for different parts of the nuclear fuel cycle. Iran will be responsible for the uranium enrichment activities, but will have to give up all other fuel cycle activities. Another prerequisite is that Iran accepts not to store enriched uranium on Iranian soil.The report shows that the international community should consider accepting enrichment of uranium on Iranian soil in the long-term. In addition, it is concluded that cooperation with Iran on the nuclear fuel cycle, where Iran is a reliable nuclear supplier state of enriched uranium and other states are responsible for the

  16. Restorative Justice in Indonesia: Traditional Value

    Eva Achjani Zulfa

    2011-05-01

    Full Text Available “Restorative Justice” is a model approach which emerged in the 1960s in an effort to solve criminal cases. Unlike the approach used in conventional criminal justice system, this approach focuses on the direct participation of perpetrators, victims and society in the settlement process. This theory of the approach is still debated, but the view is in fact growing and it exercises a lot of influence on legal policies and practices in several countries. The UN through its basic principles considers the approach of restorative justice as the approach which could be used in the rational criminal justice system. Restorative justice is a concept of thinking that supports the development of the criminal justice system with emphasis on the required involvement of the community. It is also involving the casualties who with the current criminal justice system are excluded. In several countries, restorative justice has been translated into a variety of formulations to accommodate a variety of values, philosophical basis, terms, strategies, mechanisms, and programs. Good consultation with the perpetrators and the victims themselves may provide the public with a different mindset in preventing emerging problems. This process can involve the police, prosecutorial institution or the traditional institutions. Therefore, without excluding the work in the formal legal system, the institutional mechanism for resolution through consultation was working in the community. In the various principles and models of the restorative justice approach, the process of dialogue between the perpetrator and the victim is a fundamental and the also the most important part of the application of the restorative justice. The direct dialogue between the perpetrator and the victim gave the victim the opportunity to express what he/she felt, hope for human rights and the desire to reach a criminal settlement.

  17. Wave field restoration using three-dimensional Fourier filtering method.

    Kawasaki, T; Takai, Y; Ikuta, T; Shimizu, R

    2001-11-01

    A wave field restoration method in transmission electron microscopy (TEM) was mathematically derived based on a three-dimensional (3D) image formation theory. Wave field restoration using this method together with spherical aberration correction was experimentally confirmed in through-focus images of amorphous tungsten thin film, and the resolution of the reconstructed phase image was successfully improved from the Scherzer resolution limit to the information limit. In an application of this method to a crystalline sample, the surface structure of Au(110) was observed in a profile-imaging mode. The processed phase image showed quantitatively the atomic relaxation of the topmost layer.

  18. Melanie Klein and Anna Freud: the discourse of the early dispute.

    Viner, R

    1996-01-01

    Divisions in the field of the psychoanalysis of children can be traced to a dispute over the infantile super-ego between the theorists Melanie Klein and Anna Freud beginning in 1927. These divisions are understood within the analytic world as the result of scientific disputation between alternative valid theories. An examination of the language, claims, and epistemology of Klein's and Freud's publications in 1927 that marked the public commencement of the conflict, reveals a personalized discourse in which authority was derived from the allegiance, experience, and personal analytic standing of the contestants as much as from theoretical insight. The structure and rhetoric of the debate suggest that, rather than terminating the dispute, the publications of 1927 served to encourage professionalization in child analysis and establish Anna Freud and Melanie Klein as authoritative alternative theorists.

  19. Analysis of Forensic Autopsy in 120 Cases of Medical Disputes Among Different Levels of Institutional Settings.

    Yu, Lin-Sheng; Ye, Guang-Hua; Fan, Yan-Yan; Li, Xing-Biao; Feng, Xiang-Ping; Han, Jun-Ge; Lin, Ke-Zhi; Deng, Miao-Wu; Li, Feng

    2015-09-01

    Despite advances in medical science, the causes of death can sometimes only be determined by pathologists after a complete autopsy. Few studies have investigated the importance of forensic autopsy in medically disputed cases among different levels of institutional settings. Our study aimed to analyze forensic autopsy in 120 cases of medical disputes among five levels of institutional settings between 2001 and 2012 in Wenzhou, China. The results showed an overall concordance rate of 55%. Of the 39% of clinically missed diagnosis, cardiovascular pathology comprises 55.32%, while respiratory pathology accounts for the remaining 44. 68%. Factors that increase the likelihood of missed diagnoses were private clinics, community settings, and county hospitals. These results support that autopsy remains an important tool in establishing causes of death in medically disputed case, which may directly determine or exclude the fault of medical care and therefore in helping in resolving these cases. © 2015 American Academy of Forensic Sciences.

  20. Arbitrability of Disputes Related to the Privatization of State-Owned Property in Ukraine

    Oleksandr Frolov

    2016-01-01

    Full Text Available The article is devoted to the analysis of arbitrability of disputes between a privatization body and purchaser arising out of a sale and purchase agreement of a privatization object or relating thereto. Author reached a conclusion that before the Law of Ukraine on Enactment of Some Laws of Ukraine Aimed at the Improvement of Privatization Process dated 16 February 2016 No. 1005-VIII entered into force disputes in relation to alienation to privatization objects could have been referred to international commercial arbitration.Based on the analysis of court practice in relation to sale and purchase agreements which contained arbitration clauses, author reached a conclusion thatsome of the arguments against arbitrability of this category of disputes did not lose their relevance even after the said law entered into force.

  1. Restorative justice and victimology

    The growth of restorative justice has sparked debate over the future of the criminal justice system, which has historically adopted a retributive, punitive philosophy and advocated for an individualistic, treatment-orientated approach. This approach has over time failed to address the needs of crime victims, communities and.

  2. Restoration of contaminated soils

    Miranda J, Jose Eduardo

    2009-01-01

    A great variety of techniques are used for the restoration of contaminated soils. The contamination is present by both organic and inorganic pollutants. Environmental conditions and soil characteristics should take into account in order to implement a remedial technique. The bioremediation technologies are showed as help to remove a variety of soil contaminants. (author) [es

  3. Restoration in South Africa

    Blignaut, J

    2010-01-01

    Full Text Available Restoration can provide a wide range of direct and indirect benefits to society. However, there are very few projects that have attempted to properly quantify those benefits and present them in such a way that society is motivated to invest...

  4. Indonesia in the South China Sea Dispute: Humble-Hard Power

    Robertua, Verdinand; Sinaga, Obsatar

    2018-01-01

    This research discussed the opportunities for Indonesia to act as humble-hard power in South China Sea dispute. Permanent Court of Arbitration’s decision in July 2016 to give South China Sea based on UNCLOS’s regulation has provoked China’s objection. This research question is on how to understand the conception of humble-hard power and the possibility for Indonesia to be humble-hard power in the South China Sea dispute? This article borrowed the concept of humble-hard power from Adam Nieves ...

  5. China in the South China Sea Dispute: Between Status Quo and Revisionist

    Triwibowo, Albert

    2014-01-01

    The paper is trying to look whether China is a status quo power or a revisionist power in theSouth China Sea dispute based on status quo indicator developed by Johnston and perspectives onconformity towards norms. Meanwhile, this paper argues that China is neither a status quo nor arevisionist in the South China Sea dispute to the extent of its compliance with the Declaration on theConduct of Parties (DoC) in the South China Sea. Using status quo indicators developed by Johnstonand also the p...

  6. The Energy Charter Treaty and settlement of disputes – current challenges

    Iuliana-Gabriela Iacob

    2016-06-01

    Full Text Available The Energy Charter Treaty (the “ECT” is a multilateral agreement aiming to promote energy cooperation and security. This paper focuses on the provisions of the ECT governing the protection of foreign investments and the settlement of disputes between investors and host states. In particular, this paper analyses the recent developments and challenges in the field of dispute settlement under the ECT, such as the increase in arbitrations, the withdrawal of Italy from the ECT, as well as the interplay between EU law and the ECT.

  7. Graves, Ancestors and Cement in Land disputes in Acholi and Ikland, Uganda

    Meinert, Lotte; Willerslev, Rane; Seebach, Sophie Hooge

    2017-01-01

    graves are made concrete and increasingly cemented indices of belonging in wrangles over land. Belonging is often justified through the presence of ancestor graves on land. The cementing of graves turns them into more concrete and durable proofs of ownership, and the reburial of relatives to disputed......The paper explores the roles of graves, ancestors and concrete pillars in disputes over land across different land-systems, -conflicts, and territory making in northern Uganda by comparing extended cases between Acholi in Gulu district and Ik in Kaabong district . In the post-conflict Acholi region...

  8. Resolution propositions

    2003-05-01

    To put a resolution to the meeting in relation with the use of weapons made of depleted uranium is the purpose of this text. The situation of the use of depleted uranium by France during the Gulf war and other recent conflicts will be established. This resolution will give the most strict recommendations face to the eventual sanitary and environmental risks in the use of these kind of weapons. (N.C.)

  9. New multilateral approaches solving the nuclear energy dispute with Iran

    Heireng, Hege Schultz; Moezzi, Maryam; Kippe, Halvor

    2010-12-15

    The focus of this report is on possible multilateral approaches for cooperation with Iran on the nuclear fuel cycle. The aim is to contribute in finding diplomatic solutions to the Iranian nuclear dispute. The proposals challenge the traditional views of Iran#Right Single Quotation Mark#s role in the nuclear negotiations in particular, and in the international community in general. The report investigates the possibility of accepting Iran#Right Single Quotation Mark#s enrichment of uranium, under an enhanced safeguards regime, and through a multilateral cooperation on the production of nuclear fuel. In relation to this, the report also explores the benefits of including new actors in the proposed solutions. Two different models for multilateral nuclear fuel cycle cooperation with Iran will be presented. The aim of these models is to ensure greater transparency in Iran#Right Single Quotation Mark#s nuclear activities, in order to minimize the risk of proliferation of nuclear weapons, while simultaneously presenting a solution that will be acceptable to Iran. The first model is a tripartite consortium model that consists of a cooperation between Kazakhstan, Iran and South Africa, in which these countries additionally cooperate with an IAEA-supervised international nuclear fuel bank. The second model is a nuclear fuel cycle cooperation between Iran and six of the countries bordering the Persian Gulf. In both models, the countries in question will be responsible for different parts of the nuclear fuel cycle. Iran will be responsible for the uranium enrichment activities, but will have to give up all other fuel cycle activities. Another prerequisite is that Iran accepts not to store enriched uranium on Iranian soil. The report shows that the international community should consider accepting enrichment of uranium on Iranian soil in the long-term. In addition, it is concluded that cooperation with Iran on the nuclear fuel cycle, where Iran is a reliable nuclear supplier

  10. 77 FR 44706 - WTO Dispute Settlement Proceeding Regarding China-Measures Related to the Exportation of Rare...

    2012-07-30

    ... Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www.wto.org... available on the Web site of the World Trade Organization, www.wto.org . Comments open to public inspection... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS431] WTO Dispute Settlement...

  11. 76 FR 68809 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp...

    2011-11-07

    ... Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www... of the Appellate Body, will be available on the Web site of the World Trade Organization, www.wto.org... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS422] WTO Dispute Settlement...

  12. 76 FR 12400 - WTO Dispute Settlement Proceeding Regarding China-Countervailing and Anti-Dumping Duties on Grain...

    2011-03-07

    ... settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement... on the Web site of the World Trade Organization, http://www.wto.org . Comments open to public... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS414] WTO Dispute Settlement...

  13. 78 FR 16754 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp...

    2013-03-18

    ... Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www... the World Trade Organization, at www.wto.org . Comments open to public inspection may be viewed at www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS429] WTO Dispute Settlement...

  14. 76 FR 17985 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Frozen...

    2011-03-31

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS422] WTO Dispute Settlement... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping measures regarding certain frozen warmwater shrimp from China. That request may be found at http://www.wto...

  15. Experimental Studies of Bargaining as Analogues of Civil Disputes,

    1983-11-01

    reported; thus it is worthy of further attention. Bilateral Monopoly Games The Bilateral Monopoly game is a simulation of an economic market with two...a Hoyer and Seller in a wholesale market must agree on prices tor three commodities: -33- iron, sulphur, and coal. The commodities have differing...Conflict of Interest on I)ispute Resolution," Journal of Personality and Social Psychology, Vol. 42, pp. b65-672. Homans, G.C., (1961) Social Beharior

  16. A novel super-resolution camera model

    Shao, Xiaopeng; Wang, Yi; Xu, Jie; Wang, Lin; Liu, Fei; Luo, Qiuhua; Chen, Xiaodong; Bi, Xiangli

    2015-05-01

    Aiming to realize super resolution(SR) to single image and video reconstruction, a super resolution camera model is proposed for the problem that the resolution of the images obtained by traditional cameras behave comparatively low. To achieve this function we put a certain driving device such as piezoelectric ceramics in the camera. By controlling the driving device, a set of continuous low resolution(LR) images can be obtained and stored instantaneity, which reflect the randomness of the displacements and the real-time performance of the storage very well. The low resolution image sequences have different redundant information and some particular priori information, thus it is possible to restore super resolution image factually and effectively. The sample method is used to derive the reconstruction principle of super resolution, which analyzes the possible improvement degree of the resolution in theory. The super resolution algorithm based on learning is used to reconstruct single image and the variational Bayesian algorithm is simulated to reconstruct the low resolution images with random displacements, which models the unknown high resolution image, motion parameters and unknown model parameters in one hierarchical Bayesian framework. Utilizing sub-pixel registration method, a super resolution image of the scene can be reconstructed. The results of 16 images reconstruction show that this camera model can increase the image resolution to 2 times, obtaining images with higher resolution in currently available hardware levels.

  17. Long-term competence restoration.

    Morris, Douglas R; DeYoung, Nathaniel J

    2014-01-01

    While the United States Supreme Court's Jackson v. Indiana decision and most state statutes mandate determinations of incompetent defendants' restoration probabilities, courts and forensic clinicians continue to lack empirical evidence to guide these determinations and do not yet have a consensus regarding whether and under what circumstances incompetent defendants are restorable. The evidence base concerning the restoration likelihood of those defendants who fail initial restoration efforts is even further diminished and has largely gone unstudied. In this study, we examined the disposition of a cohort of defendants who underwent long-term competence restoration efforts (greater than six months) and identified factors related to whether these defendants were able to attain restoration and adjudicative success. Approximately two-thirds (n = 52) of the 81 individuals undergoing extended restoration efforts were eventually deemed restored to competence. Lengths of hospitalization until successful restoration are presented with implications for the reasonable length of time that restoration efforts should persist. Older individuals were less likely to be restored and successfully adjudicated, and individuals with more severe charges and greater factual legal understanding were more likely to be restored and adjudicated. The significance of these findings for courts and forensic clinicians is discussed.

  18. Ecosystem Restoration: Fact or Fancy?

    John A. Stanturf; Callie J. Schweitzer; Stephen H. Schoenholtz; James P. Barnett; Charles K. McMahon; Donald J. Tomszak

    1998-01-01

    Ecological restoration is generally accepted as the reestablishment of natural ecological processes that produce certain dynamic ecosystem properties of structure, function, and processes. But restore to what? The most frequently used conceptual model for the restoration process is the shift of conditions from some current (degraded) dynamic state to some past dynamic...

  19. Ecological Restoration: Guidance from Theory

    Joy Zedler

    2005-09-01

    Full Text Available A review of the science and practice of ecosystem restoration led me to identify key ecological theories and concepts that are relevant to planning, implementing, and sustaining restoration efforts. From experience with actual restoration projects, I provide guidance for improving the restoration process. Despite an abundance of theory and guidance, restoration goals are not always achieved, and pathways toward targets are not highly predictable. This is understandable, since each restoration project has many constraints and unique challenges. To improve restoration progress, I advise that sites be designed as experiments to allow learning while doing. At least the larger projects can be restored in phases, each designed as experimental treatments to test alternative restoration approaches. Subsequent phases can then adopt one or more of the treatments that best achieved goals in earlier phases while applying new tests of other restoration measures. Both science and restoration can progress simultaneously. This phased, experimental approach (called “adaptive restoration” is an effective tool for improving restoration when monitoring, assessment, interpretation and research are integrated into the process.

  20. Ecological restoration: Biodiversity and conservation

    Vargas Rios, Orlando

    2011-01-01

    In this essay the principal concepts and methods applied on projects aimed at ecological restoration are reviewed, with emphasis on the relationship between conservation, biodiversity and restoration. The most common definitions are provided and the steps to take into account to develop projects on ecological restoration, which will be determined by the level of degradation of the ecosystem to be intervened.