Alternative Dispute Resolution in a Contemporary South African Context
Author: A. Tim Trollip
Publisher: Butterworth-Heinemann
Published: 1991
Total Pages: 128
ISBN-13:
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Author: A. Tim Trollip
Publisher: Butterworth-Heinemann
Published: 1991
Total Pages: 128
ISBN-13:
DOWNLOAD EBOOKAuthor: South African Law Commission
Publisher:
Published: 1997
Total Pages: 54
ISBN-13:
DOWNLOAD EBOOKAuthor: Ernest E. Uwazie
Publisher: Cambridge Scholars Publishing
Published: 2014-06-26
Total Pages: 265
ISBN-13: 1443862541
DOWNLOAD EBOOKConflicts in Africa have a great deal in common, and striking parallels can be drawn between them at all levels. Dynamics affecting the most complex war-time conflicts, civil unrest and other macro disputes are in play even in the smallest community conflicts. The converse is also true: lessons learned through community mediation, for example in South Africa, are applicable to the most complex and largest conflicts to be found on the continent. Together, the eleven chapters in this publication, in addition to the prologue and epilogue, suggest that a comprehensive assessment of efforts and investments in conflict resolution and peace studies in Africa since the mid-1990s is due in order to identify lessons and challenges, as well as best practices. Just as conflict dynamics are comparable between African conflicts, whether large or small, local or international, so are alternative dispute resolution processes. Effective approaches to resolving large-scale conflicts and civil wars are effective at the community level, and ineffectual techniques at the community level are just as likely to be counter-productive in mediating international disputes. While there may be some differences in mediating macro- and micro-conflicts (such as the time required, the need for negotiation teams, and the complexities of agenda development or pre-negotiations), as far as the mediation process is concerned, the differences are more like variations on a theme than real substantive dissimilarities. This volume provides case studies of programs and policies, and legislations on alternative dispute resolution and peace building, and examines and proposes some new, promising ideas for conflict prevention, as well as maintenance of peace, justice and security in Africa.
Author:
Publisher:
Published: 2003
Total Pages:
ISBN-13:
DOWNLOAD EBOOKAuthor: John Brand
Publisher: Juta and Company Ltd
Published: 2008
Total Pages: 332
ISBN-13: 9780702179556
DOWNLOAD EBOOKThis second edition contains a new section on dispute resolution in the public sector.
Author: Tobias Gerhardus Wiese
Publisher:
Published: 2016
Total Pages:
ISBN-13: 9781485136675
DOWNLOAD EBOOKAuthor: Tobie Wiese
Publisher:
Published: 2016
Total Pages: 382
ISBN-13: 9781485118954
DOWNLOAD EBOOKAlternative Dispute Resolution in South Africa: Negotiation, mediation, arbitration and ombudsmen addresses the increasing use of alternative dispute resolution mechanisms ir resolving disputes rather than resorting to court-based litigation. The focus of the book is on resolution of commercial and labour disputes. Alternative Dispute Resolution in South Africa covers negotiation, mediation, arbitration, ombudsmen and administrative dispute resolution. The skills, techniques and relevant statutory framework for each field of alternative dispute resolution are discussed, and local and international examples of the application of the relevant principles are provided.
Author: Omer Shapira
Publisher: Cambridge University Press
Published: 2016-03-14
Total Pages: 499
ISBN-13: 1107143047
DOWNLOAD EBOOKOmer Shapira proposes and justifies a theory of mediators' ethics which guides mediators' conduct and applies to mediators at large.
Author: J. Mashamba
Publisher: African Books Collective
Published: 2014-09-02
Total Pages: 226
ISBN-13: 998775354X
DOWNLOAD EBOOKToday, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.
Author: H. Bhorat
Publisher:
Published: 2012
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKThis paper, while broadly located within reforming the labor market policy debate, is specifically focused on one aspect of the labor regulatory regime, namely the dispute resolution system. Hence, we attempt to understand the efficiency and effectiveness of the country's institutionalized dispute resolution body, the Commission for Conciliation, Mediation and Arbitration (CCMA). A better and more informed understanding of the nature of dispute resolution and its determinants, it would seem, remains central to any detailed debate regarding labor market institutions in particular and labor market regulation in general. Ultimately then, the study intends to empirically verify the patterns of dispute referral, settlement and determination regionally, sectorally and historically. It should be noted at the outset that this paper, possibly for the first time for South Africa, provides a detailed on economic and econometric analysis and interpretation of dispute resolution in the post-apartheid period.