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Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Integrating Alternative Dispute Resolution (ADR) into legal systems is essential for improving access to justice, decreasing litigation expenses, and promoting enforced outcomes. This article examines the ADR practices in Hungary, a country that has successfully integrated ADR into its legal system, to gain significant insights for Indonesia, as both countries share the same sociocultural practices for communal dispute resolution. This normative legal research examines Hungary's extensive legal framework, the roles of institutional support structures, and the enforcement of ADR awards. The study employs comparative analysis that systematically evaluates pertinent legal documents, institutional reports, and scholarly literature from Hungary and Indonesia. The study found fundamental factors that contribute to the effectiveness of alternative dispute resolution (ADR) in Hungary including the existence of a clearly established legislative framework, sufficient institutional infrastructure, and effective regulation to enforce ADR decisions. Indonesia can adopt these techniques to improve its Alternative Dispute Resolution (ADR) system, resulting in more streamlined, cost-efficient, and fair processes for resolving disputes and to establish a more unified and efficient ADR system.

This article delves into the nuanced landscape of conflict management within Romanian school communities, with a specific focus on administrators, teachers, students, and parents. This study conducted comprehensive research involving four high schools in Cluj-Napoca, employing a multifaceted approach incorporating focus groups and surveys. The findings of this investigation reveal a prominent trend in conflict resolution within these school communities: conflicts are primarily resolved through administrative decisions and sanctions. This predominant reliance on hierarchical authority structures to address disputes emerges as a dominant theme, while awareness and utilization of Alternative Dispute Resolution (ADR) methods are notably absent.

Copyright of ASBU Law Journal is the property of Social Sciences University of Ankara and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines the strategic underpinnings of firms' use of alternative dispute resolution (ADR) practices. The authors argue that a firm's strategic orientation and commitment to ADR shape its adoption of dispute resolution techniques—such as mediation and arbitration. Firms vary in the benefits they seek to gain from adopting ADR practices, and firm-level use is affected by these anticipated benefits. The authors also propose a link between a firm's commitment to the diffusion, access, and their use of ADR, on the one hand, and employee usage on the other. They test their theory using survey data from Fortune 1000 corporations and identify four distinct strategic orientations toward ADR, which in turn help to explain use of ADR within firms. Finally, they also find that a firm's commitment to ADR is also shown to affect the firm's use of mediation and arbitration. [ABSTRACT FROM AUTHOR]

This article delves into the nuanced landscape of conflict management within Romanian school communities, with a specific focus on administrators, teachers, students, and parents. This study conducted comprehensive research involving four high schools in Cluj-Napoca, employing a multifaceted approach incorporating focus groups and surveys. The findings of this investigation reveal a prominent trend in conflict resolution within these school communities: conflicts are primarily resolved through administrative decisions and sanctions. This predominant reliance on hierarchical authority structures to address disputes emerges as a dominant theme, while awareness and utilization of Alternative Dispute Resolution (ADR) methods are notably absent. [ABSTRACT FROM AUTHOR]

Mediation becomes relevant nowadays as a way to manage conflicts in the workplace in a nonjudicial way, preventing costly, extensive, and unsatisfying legal procedures. This study tries to systematize the more recent research about mediation, showing the main challenges, questions, and findings. Research suggests the importance of integrating the organizational and societal context in the study of mediation, the use of efficiency, equity, and voice objectives for evaluating mediation effectiveness, and taking into account a contingency approach in mediator strategies. There is an important gap between the large development of professional practice in mediation and the few systematic studies on this topic. This paper offers a model that considers current research and practice for mediation effectiveness. This model could be used to focus the orientation of scholars, practitioners, and governments in search of new developments in the design of mediation. Future research could explore specific combinations of these dimensions to analyze sectors, organizations, or cases of mediation.

Mediation becomes relevant nowadays as a way to manage conflicts in the workplace in a nonjudicial way, preventing costly, extensive, and unsatisfying legal procedures. This study tries to systematize the more recent research about mediation, showing the main challenges, questions, and findings. Research suggests the importance of integrating the organizational and societal context in the study of mediation, the use of efficiency, equity, and voice objectives for evaluating mediation effectiveness, and taking into account a contingency approach in mediator strategies. There is an important gap between the large development of professional practice in mediation and the few systematic studies on this topic. This paper offers a model that considers current research and practice for mediation effectiveness. This model could be used to focus the orientation of scholars, practitioners, and governments in search of new developments in the design of mediation. Future research could explore specific combinations of these dimensions to analyze sectors, organizations, or cases of mediation. [ABSTRACT FROM AUTHOR]

Effective use of alternative dispute resolution (ADR) methods is critical because disputes are one of the biggest concerns in public–private partnership (PPP) projects. However, decision makers still struggle to implement ADR effectively due to limited knowledge about selecting the most appropriate ADR method that meets the needs of their PPP projects. Although some research has been conducted to develop approaches for ADR selection, most of these studies ignored critical points such as PPP projects and inherent characteristics of disputes. Moreover, fuzzy set logic and integrated multicriteria decision-making (MCDM) methods have not usually been chosen in these studies, posing various limitations. This study aimed to bridge these gaps by proposing a decision support framework for decision makers in selecting the most appropriate ADR method to settle disputes in PPP projects. Initially, an in-depth literature review was conducted to design the initial version of the framework. Then, the focus group discussion (FGD) sessions were organized and subject matter experts refined the draft framework. In total, a list of 16 selection factors and 30 dispute types were identified through literature review and the FGD sessions. At the final step, fuzzy analytic hierarchy process (AHP) and integrated fuzzy AHP and fuzzy TOPSIS were performed to determine the priority of each ADR method for each dispute scenario. Results showed that ADR selection is strongly influenced by inherent characteristics of dispute types. In other words, an ADR method cannot settle all dispute types, and thus, inherent characteristics of dispute types should also be considered during the ADR selection. Second, dispute management in PPP projects necessitates project-specific approaches. Thus, decision makers should not rely fully on standard contract forms such as those of the International Federation of Consulting Engineers (FIDIC). By developing a specific ADR selection framework for PPP projects by considering dispute types, this study significantly contributes to the theory of ADR domain and has important managerial implications. [ABSTRACT FROM AUTHOR]

This paper is focused on the Tri-people hybrid conflict resolution approach adopted in Alamada, North Cotabato as a model for enabling a culture of peace in Mindanao, Philippines. Alamada is a municipality of North Cotabato, Mindanao. The population is comprised of Iranon (Muslims), Christians, and other indigenous/ethnic groups (Lumad). The greatest challenge encountered was peace instability resulting from territorial and ancestral land disputes; identity and cultural discrimination; environmental threats, criminality, and poverty. Peace instability is an armed conflict that causes the animosity brought about by the history of fighting in Mindanao. Land dispute is a conflict in Alamada but it could spill over to rido and armed conflict. Rido/clan conflict is a Muslim term for feuds, referred to as a sporadic outburst of retaliatory violence between families and kinship groups as well as between communities and environmental issues. To address the societal conflict and strengthen the alliances of "Tri-people", peace-building practices are essential. This is to effectively settle longtime issues and constitute best practices among the community from a conflict-torn to a zone of peace municipality. By combining the informal customary procedures of the Muslim people and the Indigenous community, settling gaps within the community is more effective. As result, there were at least 18 clan conflicts that were settled under the approach, including one clan conflict in the municipality which has been preserved for 50 years. The effective implementation of the reconciliation mechanism is limited in the declaration of the Zone of Peace in Alamada. The government and its local partner gathered more than 10,000 signatures from various consultations and discussions in the municipality to gather support for the declaration. Peacebuilding should be a mechanism converged with public service to craft a sensitive and hybrid initiative to address societal problems. There is a need to intensify and concretize an effective tool to promote a culture of peace as an ethical solution to a culture of violence. [ABSTRACT FROM AUTHOR]

Artificial Intelligence (AI) is reshaping the way legal services are delivered, which includes arbitrators in Alternative Dispute Resolution (ADR) proceedings. This trend is being accelerated by the coronavirus (COVID-19) pandemic, with many disputes being conducted online. Previously, legal tasks have usually been associated with human lawyers; however, increasingly autonomous computer systems may soon replace arbitrators in the delivery of legal services in ADR proceedings. This article evaluates the extent to which the deployment of AI may augment arbitrators in ADR proceedings and provides an analysis of how much legal work may be effectively performed by AI in ADR proceedings. The central focus is on the capabilities of AI systems against human arbitrators and the requirement for human intervention and supervision of AI systems deployed in ADR proceedings. This article extends the debate on AI and arbitrators where the focus is on the augmentation of legal services in ADR with AI systems and the implications therein. The doctrinal approach is employed to conduct the study. The primary objective of this article is to evaluate the extent to which the deployment of AI systems may augment the efficiency and productivity of legal services in ADR and to highlight the proposed recommendations. [ABSTRACT FROM AUTHOR]

Ukrainian institutions that would facilitate alternative dispute resolution have been in the process of establishment since Ukraine's independence in 1991. At present, only the activity of arbitration courts is regulated in Ukraine by law as an alternative way of resolving disputes. Since 2010, there have been repeated attempts to create financial ombudsman institute. The first ideas of creating business ombudsman institute date back to 2013. This type of ombudsman has been in operation since 2014 and can be considered the most successful and effective both now and in the near future. Currently in Ukraine, there are also the following types of specialized ombudsmen: insurance, energy, language and education ones. Dispute settlement with the participation of a judge was introduced in civil litigation as an alternative method of dispute resolution in 2017. This institution provides the parties of the conflict with additional opportunities for faster and more effective settlement of the dispute. At present, this institution is not very widely used in practice, but in the coming years it will become more popular. The example of the activities of specialized ombudsman institutions and dispute resolution with the participation of a judge shows that Ukraine is adopting the world's best dispute resolution practices that will contribute to a faster, more effective resolution of the conflict without trial.

Disputes within the built environment are usually diverse, with their complexity often depending on the number of role players and difficulty of the construction project. Disputes can be resolved through litigation, but this is often costly and time consuming. A study in 2012 reveals that, among others, arbitration, mediation, negotiation and adjudication are different forms of Alternative Dispute-Resolution (ADR) methods preferred and used to resolve disputes in the built environment. This article offers insight into the current preference and application of ADR methods by architectural practitioners in the South African built environment. Registered persons, as defined by the South African Council for the Architectural Profession (SACAP), formed the population of this study. According to SACAP, a registered person is defined as a person who is registered in one of the categories of professionals and/or candidates. The study will refer to architectural practitioners as a collective population group. A questionnaire survey was distributed to 13 622 registered SACAP professionals and candidates to determine the implementation of ADR methods. This questionnaire was distrusted by the Chief Operations Officer, Mrs Barbara van Stade to the aforementioned SACAP database. The survey response amounted to 396 participating architectural practitioners, resulting in 2.91% of registered architectural professionals and candidates in the South African built environment. Consequently, this is the most comprehensive study on the preferred use of ADR methods by architectural practitioners in the built environment of South Africa. This study specifically focuses on architectural practitioners who have been involved in settling disputes between the period of 2012 to 2016. The findings reveal a shifting preference in ADR methods used since what the previous study found in 2012. Although previous studies indicate adjudication as the preferred method to resolve disputes, the data reveals that architectural practitioners increasingly make use of negotiation, followed by mediation and then arbitration. This study identifies current ADR trends, and provides a perspective on the future development of ADR mechanisms for architectural professionals in the South African built environment.

Collective labor disputes based on the differences in economic interests between workers and employers can be effectively resolved exclusively through conciliation procedures. Contemporary alternative methods arose mostly due to the necessity to resolve collective labor disputes; mediation for this purpose is applied differently in various countries. National legislation equally provides various means for collective labor dispute resolutions and determines relevant intermediary procedures. An intermediation in a collective labor dispute resolution can be private and/or state-appointed and mandatory or alternative and remains a very perspective means of alternative dispute resolution. An analysis of different countries’ legislation distinguishes several common features of intermediation in collective labor disputes, concerning mainly the goals, objectives and principles. For bodies and persons conducting intermediation, the degree of compulsion in their decisions varies greatly from country to country. However, the obtained experience reveals common and distinctive procedural features and provides the possibility to classify existing approaches, having combined them into groups. The analysis also follows general development trends of collective labor dispute intermediation in different countries and identifies several shortcomings that are characteristic to different systems of intermediation legal regulation. Further research on the most effective ways of collective labor dispute conciliation is necessary for establishing new harmonious labor relations as the grounds for social progress.

Conflict in university environments has two stages. The first is internal --typical of all universities, both public and private-- which is mainly due to interpersonal relationships, and when it is not resolved, remains latent due to the fear of confronting it. The other conflict is external; it occurs in public universities through groups existing in the campus in relation to some external entities. It is characterized by a structural conflict, although the level researched is microsociological, that is, based on internal conflicts. This article presents a review of the state of the art (secondary sources), whose objective is to identify the internal conflicts that occur in public and private universities, what figure or form of dispute resolution they use and what method of resolution could be applied in higher education institutions. It is concluded that there is a lack of research on the subject, therefore it is necessary to explore the nature of conflicts in universities and their forms of resolution. [ABSTRACT FROM AUTHOR]

Copyright of Revista CES Derecho is the property of Universidad CES and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Alternative Dispute Resolution (ADR) mechanisms include several procedures that allow parties to resolve their disputes out of court in a private forum, with the assistance of a qualified neutral intermediary of their choice. Arbitration and mediation are one of the most popular institutes of alternative dispute resolution. This article analyzes the legal, social, and cultural prerequisites for the development of the institutes of arbitration and mediation in Lithuania and Ukraine.

This paper deals with prevention and alternative dispute resolution (ADR) in tax matters, particularly in the light of the specific nature of administrative relations, which also include tax procedures. Given the involvement of stakeholders, ADR benefits both the taxpayers and the tax authority, enabling greater legal certainty and speedier finalisation of procedures. Yet, ADR also poses an open threat to the public interest and equality as international and constitutional administrative principles, and must therefore be limited in tax procedures. This also derives from the legal acts of the EU and the Council of Europe. In addition to theoretical frameworks and types of dispute prevention and resolution mechanisms studied by means of scientific literature review, legal sources analysis and comparative insights, the paper presents the Slovenian regulation and practice of the Financial Administration (FURS) over the past years. The aim of this research is to examine the de iure and de facto situation at the national level. The analysis shows that, in tax matters, ADR is noticeably more intensive at the international level than within national tax systems. On the other hand, individual countries prefer to establish regulatory mechanisms for prevention, which should result in even more desired avoidance of disputes. It can be concluded that efficient tax procedures require an integrated approach, including both dispute prevention and ADR, in order to ensure the principles of tax justice and systemic inclusion of all stakeholders in its governance.

The article is devoted to the problems of law enforcement, trends and prospects for the development of mediation in Russia, examing the place and role of the mediation procedure in the alternative dispute resolution system (ADR). According to L.A. Sungatullina, the legislation on alternative dispute settlement procedures in Russia, is undergoing significant changes. However, in general, we can talk about progressive trends in legal regulation. The authors conclude that the decision of the legislator on the possibility of acting as a mediator by retired judges is controversial. [ABSTRACT FROM AUTHOR]

This article explores the purpose and efficacy of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention or Convention). The Convention's genesis was premised on the notion of alleviating the enforceability issues that are annexed to international mediation settlement agreements (IMSAs) arising from cross-border mediation. While such enforceability issues are not entirely unfounded, the way in which the Convention has been drafted to address such issues has been the subject of criticism. In view of such criticism, this article explores the empirical research upon which the Convention's introduction is based and queries whether the structure of the instrument heralds an unnecessary juridification of the mediation process. In particular, a close review of the research highlights the unintended consequences that can flow from the Convention's uptake, suggesting that the introduction of the Convention may lead to an increase in issues pertaining to IMSA enforcement. It is in this context in which this article submits that the Convention may be regarded as a solution in search of a problem. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Privado (00347922) is the property of Editorial Reus and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Law / Teise is the property of Vilnius University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Dispute resolution systems are broadly divided into two sides namely Judicial Dispute Resolution (JDRS) and Non-Judicial Dispute Resolution Systems (NJDRS). The first one is more formal, and the latter is informal which is known as Alternative Dispute Resolution (ADR) all over the world. Though ADR is claimed to be a great innovation of the West, it is found to be practiced in the Islamic Judicial System from its very inception. ADR was practiced throughout the history of Islamic Judiciary as sulh. However, the use of the word sulh in the meaning of ADR needs to be explained in the present judicial context. Scholars sometimes discussed sulh as a system parallel to ADR and sometimes as a process, which creates confusion in its multiuse. Hence, this study aims at eliminating this confusion on the paradoxical use of the term sulh as a system for dispute resolution as well as a process of that system. At present, hardly any study has precisely differentiated between them. Thus, this qualitative study focuses on discussing it primarily from the perspectives of the Quran, documented sources as well as interviews. The major finding of this study is that sulh, comparing with present day ADR, does not need to be used paradoxically. The main contribution of the study is to propose a clarification of sulh in the line of ADR fruitfully. The findings of this study are not only useful in clarifying the exact meanings of the term as used in different contexts but also applicable to solve problems faced by arbitrators involved in various indigenous traditional dispute resolution systems such as shalish in Bangladesh and elsewhere. [ABSTRACT FROM AUTHOR]

Given the number of role players and the complexity of the building process, disputes are inevitable. As an alternative to litigation, which is often costly and time consuming, Alternative Dispute Resolution (ADR) methods could be used. Arbitration, mediation, negotiation and adjudication are a few examples of ADR and, if understood correctly and implemented effectively, ADR could prove beneficial to all parties involved in disputes. 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 architectural professionals to determine how informed these architectural professionals are about the different ADR methods, their implementation and resultant consequences. majority of the respondents are not familiar with the term ADR and could not provide a clear definition; 69.4% of architectural professionals do not discuss ADR methods with their client before entering into an agreement, and 58.4% of the population have hardly any or no knowledge regarding the methods and benefits of ADR. These observations indicate that a significant portion of architectural professionals are currently in breach of the SACAP Code of Conduct and could potentially lose their professional license. These results indicate a possible way forward to facilitate a larger implementation of ADR in future building projects. The real-world problem is that architectural professionals do not apply ADR methods because of the lack of knowledge regarding the implementation and benefits of ADR. It is considered that the unique contribution of this article lies in the fact that all architectural professionals in South Africa were asked to participate in the survey regarding ADR, its methods, implementations, and their knowledge thereof. This is the first evidence of many anecdotal statements made on the lack of implementation and knowledge regarding ADR methods within the architectural profession of South Africa. The findings reveal that the majority of the respondents are not familiar with the term ADR and could not provide a clear definition; 69.4% of architectural professionals do not discuss ADR methods with their client before entering into an agreement, and 58.4% of the population have hardly any or no knowledge regarding the methods and benefits of ADR. These observations indicate that a significant portion of architectural professionals are currently in breach of the SACAP Code of Conduct and could potentially lose their professional license. These results indicate a possible way forward to facilitate a larger implementation of ADR in future building projects.

Gestionar conflictes de manera eficient s'ha convertit en una preocupació universal (Lipsky i altres, 2003). Més enllà del fet, de tots sabut, que els conflictes són consubstancials a la vida en societat, avui dia cal tenir present que les relacions interpersonals són antagòniques i a la vegada complementàries, que el món s'ha globalitzat i que els conflictes, en moltes ocasions, són molt més complexos que abans. En definitiva, que vivim un constant canvi de paradigma i “quan canvien els paradigmes, el món mateix canvia amb ells” (Khun, 1962). Els casos de tres grans empreses americanes (Coca-Cola, PECO Energy i Schering-Plough) solen citar-se, entre d'altres, com a exemples representatius de la dècada dels noranta que, liderant sectors molt diferents, però amb una insatisfacció compartida amb les fórmules tradicionals de resolució dels seus conflictes, van generar nous i reeixits models d'organització interns de gestió d'aquests conflictes. El desenvolupament d'aquesta nova àrea del management en les grans organitzacions dels EUA va suposar, en el seu moment, una nova realitat per a les organitzacions, i va comportar la realització de diversos estudis aplicats liderats per grups de recerca de diferents universitats, models a seguir avui dia, tant per la seva metodologia com pels resultats efectius i concloents que han proporcionat. El present treball té per objecte resumir les principals conclusions d'aquests estudis amb la finalitat de proporcionar les claus del canvi cap a una gestió eficient dels conflictes en l'àmbit empresarial que passen, en moltes ocasions, com veurem, per l'ús adequat de la mediació en una determinada tipologia de conflictes de l'empresa.

This article examines the role of the criminal judge in light of the vanishing trial phenomenon and the emergent reality of many doors to process legal conflicts in both the civil and criminal domains. It focuses on judicial conflict resolution (JCR), which is any activity conducted by judges in order to promote consensual disposition of legal cases, in “ Plea Bargains Facilitating Days” (moqed) in Tel-Aviv Magistrate’s Court. We conducted quantitative and qualitative analyses of data collected from observations of 717 hearings in 704 criminal cases and found that, on average, 5.55 (SD = 3.62) hearings were required for disposing of a case, and the average duration of a legal proceeding from indictment to closure was 548.55 (SD = 323.17) days. In most of the hearings the judges’ role was confined to managerial-bureaucratic decisions intended to enable the negotiation between the parties. JCR activities occurred in only 16.9 percent of the hearings, and we identified six types of JCR practices in the promotion of plea bargains: narrow and broad facilitation of negotiations between the parties, forecasting the legal outcome, negatively presenting the judicial process, using lawyer-client relations to promote agreement, and using Alternative Dispute Resolution (ADR) techniques. These findings are compared to previous findings on the roles of judges in civil pretrial proceedings, and the more active role of the civil judge in promoting settlements is discussed. We further discuss the possibility of expanding a therapeutic and rehabilitative approach in the framework of criminal JCR during preliminary hearing days, which become today the main door of criminal justice. [ABSTRACT FROM AUTHOR]

Copyright of Perspektive Mediation is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The online business permit to the world to buy a product from a country and be delivered in another one. However, a dispute between an owner and contractor in this area frequently happens caused by delivery issues. A dispute in this area comes from a claim of the customer generally. This issue can impact the performance and the image of the company. Moreover, resolve a dispute can take time, and it's expensive. In this paper, by using different documents, we discover nine feasible alternatives to resolve a dispute. Combing with eight relevant criteria, we identify that prevention is the best solution to avoid a reduce the effect of a dispute. Following that, thanks to the additive weighting technique, negotiation is the second-best solution. These two different alternatives assembled would be the most efficient way to solve a dispute with effectiveness. [ABSTRACT FROM AUTHOR]

Disputes within the built environment are usually diverse, with their complexity often depending on the number of role players and difficulty of the construction project. Disputes can be resolved through litigation, but this is often costly and time consuming. A study in 2012 reveals that, among others, arbitration, mediation, negotiation and adjudication are different forms of Alternative Dispute-Resolution (ADR) methods preferred and used to resolve disputes in the built environment. This article offers insight into the current preference and application of ADR methods by architectural practitioners in the South African built environment. Registered persons, as defined by the South African Council for the Architectural Profession (SACAP), formed the population of this study. According to SACAP, a registered person is defined as a person who is registered in one of the categories of professionals and/or candidates. The study will refer to architectural practitioners as a collective population group. A questionnaire survey was distributed to 13 622 registered SACAP professionals and candidates to determine the implementation of ADR methods. This questionnaire was distrusted by the Chief Operations Officer, Mrs Barbara van Stade to the aforementioned SACAP database. The survey response amounted to 396 participating architectural practitioners, resulting in 2.91% of registered architectural professionals and candidates in the South African built environment. Consequently, this is the most comprehensive study on the preferred use of ADR methods by architectural practitioners in the built environment of South Africa. This study specifically focuses on architectural practitioners who have been involved in settling disputes between the period of 2012 to 2016. The findings reveal a shifting preference in ADR methods used since what the previous study found in 2012. Although previous studies indicate adjudication as the preferred method to resolve disputes, the data reveals that architectural practitioners increasingly make use of negotiation, followed by mediation and then arbitration. This study identifies current ADR trends, and provides a perspective on the future development of ADR mechanisms for architectural professionals in the South African built environment. [ABSTRACT FROM AUTHOR]

Purpose This paper aims to explore the use of alternative dispute resolution (ADR) techniques as a legitimate means of ejection of recalcitrant tenant in property. This is with a view of providing information that will improve property investment and management.Design/methodology/approach The paper adopts a case study approach using five selected case studies where ADR approach was used to recover premises.Findings The experience from the case studies shows that the use of ADR in premises recovery is effective but has its challenges. In the five case studies, consent judgment, mediation and negotiation were used to recover premises in less than three months compared to an average of 18 months using litigation. Also, the cost in all the cases were lower where they exist at all than when litigation are used. The paper provides useful information to practitioners on the use of the effective alternative approach to recover premises from recalcitrant tenants.Originality/value The paper provides practical ways through which recovery of premises could be achieved through non-adversarial technique in developing property markets, which hitherto was not available in literature. [ABSTRACT FROM AUTHOR]

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.

Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)