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Article
Publication date: 1 February 1998

EKENE I. EZULIKE and DAVID J. HOARE

The relative merits of alternative dispute resolution (ADR) over conventional methods of dispute resolution, namely litigation and arbitration, is well documented, but as…

Abstract

The relative merits of alternative dispute resolution (ADR) over conventional methods of dispute resolution, namely litigation and arbitration, is well documented, but as yet, the various ADR procedures currently available are not being extensively utilized within the construction industry in the UK. The purpose of the present paper was to discover from UK experts in dispute resolution why ADR has not become a more frequently used technique for resolving disputes in the UK construction industry, and to suggest ways in which this problem can be overcome. The findings indicate that there is a lack of understanding of the principles behind ADR and a lack of experience in dispute resolution in general. The findings strongly suggest that the lack of understanding and experience in ADR can best be overcome by educating and training. This should be carried out early on in the working lives of professionals by universities, professional institutions and specialist bodies such as the CEDR.

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Engineering, Construction and Architectural Management, vol. 5 no. 2
Type: Research Article
ISSN: 0969-9988

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Article
Publication date: 13 April 2015

Umar Aimhanosi Oseni

The purpose of this study is to examine the legal framework for court-annexed dispute resolution in courts with Sharī‘ah jurisdiction in Nigeria, Malaysia and Singapore…

Abstract

Purpose

The purpose of this study is to examine the legal framework for court-annexed dispute resolution in courts with Sharī‘ah jurisdiction in Nigeria, Malaysia and Singapore. The major part of the study is dedicated to propose reforms in the administration of justice system in the courts with Sharī‘ah jurisdiction in Nigeria and the relevance of such reforms to the ongoing reforms in the Middle East and North African (MENA) countries.

Design/methodology/approach

This is an integrative literature review, which adopts a comparative approach in analyzing the conceptual framework of amicable dispute resolution in the modern world with particular reference to the Sharī‘ah court.

Findings

The findings of this research illustrate the adaptability of the practices in Malaysia and Singapore in the courts with Sharī‘ah jurisdiction in Nigeria and the MENA region.

Practical implications

An exposition of the dispute resolution processes in Islamic law reveals the relevance of these processes in modern reforms of the administration of justice system. The practical implications of this study include the streamlining of the rules and procedures of modern Sharī‘ah courts in post-revolution Arab countries to allow for court-annexed amicable (alternative) dispute resolution initiatives.

Originality/value

As far as it is known, this is the first conceptual study on the court-annexed dispute resolution frameworks of Sharī‘ah courts in three commonwealth jurisdictions.

Details

International Journal of Conflict Management, vol. 26 no. 2
Type: Research Article
ISSN: 1044-4068

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Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and…

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

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Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 8 April 2019

Daramola Thompson Olapade, Biodun Olapade and Bioye Tajudeen Aluko

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…

Abstract

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.

Details

Journal of Property, Planning and Environmental Law, vol. 11 no. 1
Type: Research Article
ISSN: 2514-9407

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Article
Publication date: 29 June 2012

Heap‐Yih Chong and Rosli Mohamad Zin

The purpose of this research is to discover the behavior of dispute resolution in the Malaysian construction industry by analyzing factors that affect the selection of…

Abstract

Purpose

The purpose of this research is to discover the behavior of dispute resolution in the Malaysian construction industry by analyzing factors that affect the selection of dispute resolution methods using factor analysis approach.

Design/methodology/approach

Preliminary interviews and a questionnaire survey were conducted. Dispute resolution methods were grouped and discussed together, based on the similarity of their characteristics, and used for the questionnaire survey. This research approach is different from the earlier studies that mostly focused on a single dispute resolution method. The data were further analyzed with factor analysis. This improved the data interpretation.

Findings

Seven latent factors were extracted and revealed that the contractors and developers preferred alternative dispute resolution (ADR). However, the appreciation of the outcomes of ADR was perceived to be very low. Arbitration and litigation were in part accepted and agreed upon by the respondents.

Originality/value

The combined results from the literature review on the stages of dispute resolution and the latent factors affecting the selection of dispute resolution methods could assist in decision making. The selection of ADR or non‐ADR itself is not a major issue; rather, there is a concern for increased efficiency and an appreciation of the methods in the construction industry are more demanding.

Details

Engineering, Construction and Architectural Management, vol. 19 no. 4
Type: Research Article
ISSN: 0969-9988

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Article
Publication date: 1 January 1992

L.R. Macdonald

Considers the benefits of the methods of dispute resolution used bythe recently formed Centre for Dispute Resolution. Examines the CEDR′stechniques of mini‐trials and…

Abstract

Considers the benefits of the methods of dispute resolution used by the recently formed Centre for Dispute Resolution. Examines the CEDR′s techniques of mini‐trials and mediation, the reasons why negotiations fail, the features of ADR, the types of disputes that can be solved by ADR, salient features of CEDR, suitable mediators, ADR abroad, and model clauses. Concludes that while ADR cannot solve all disputes, the increase in use of ADR techniques cannot be restrained or ignored.

Details

Property Management, vol. 10 no. 1
Type: Research Article
ISSN: 0263-7472

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Article
Publication date: 10 October 2016

Haytham Besaiso, Peter Fenn and Margaret Emsley

This paper aims to investigate the use of alternative dispute resolution (ADR) techniques in the Palestinian construction industry. It also seeks to identify some of the…

Abstract

Purpose

This paper aims to investigate the use of alternative dispute resolution (ADR) techniques in the Palestinian construction industry. It also seeks to identify some of the drivers and barriers to the greater use of particular ADR techniques.

Design/methodology/approach

In this study, 12 semi-structured in-depth interviews were conducted with senior ADR practitioners comprising nine construction professionals, two eminent lawyers and a retired judge.

Findings

This research has explored the practices of mediation, adjudication and expert evaluation in the Palestinian construction industry and has identified deficiencies in implementation and the roles that the cultural and legal contexts play in this. The research findings cast some doubt on the results of previous studies asserting the widespread use of construction mediation.

Originality/value

This paper contributes to knowledge by bringing new insight into the practice of particular ADR techniques in the Palestinian construction industry and in identifying challenges to the more widespread adoption of these ADR techniques. This paper exposes the myth of the popularity of construction mediation and the dilemma to the use of mediation brought by the social construction and conceptualisation of the mediator’s role.

Details

International Journal of Law in the Built Environment, vol. 8 no. 3
Type: Research Article
ISSN: 1756-1450

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Article
Publication date: 13 July 2007

Carol Reade and Mark Reade McKenna

The purpose of this article is to propose a conceptual framework for elucidating cross‐cultural paradoxes in dispute resolution and present a case study of a hybrid…

Abstract

Purpose

The purpose of this article is to propose a conceptual framework for elucidating cross‐cultural paradoxes in dispute resolution and present a case study of a hybrid process that combines aspects of interest‐based mediation and indigenous dispute resolution in order to inform the design of conflict management systems in multinational enterprises (MNEs). Design/methodology/approach – A case study approach utilizing participant observation and informant feedback is used to present an organizational intervention in the Sri Lankan subsidiary of a European MNE. Discussion of the case is framed by theories of culture and conflict and a literature review of indigenous dispute resolution in Sri Lanka. Findings – The case illustrates how one MNE developed a culturally appropriate conflict management system in its subsidiary by crafting an innovative, informal channel for managing conflict and systematically embedding it into the organization alongside its formal conflict management process. Research limitations/implications – The case study approach limits the generalizability of the results. Future research should include a larger sample of countries, organizations, and dispute resolution practices, and incorporate feedback from employees to better assess the efficacy of the intervention. Practical implications – MNEs have an untapped opportunity to develop innovative approaches for managing conflict in their subsidiaries by melding interest‐based and indigenous mediation processes to develop culturally appropriate conflict management systems. Originality/value – This paper contributes to the literatures on cross‐cultural conflict management and conflict management systems design by presenting an innovative approach to the application of hybrid dispute resolution mechanisms in MNEs. This study provides valuable insights for international managers, conflict systems design practitioners, and cross‐cultural conflict scholars.

Details

International Journal of Conflict Management, vol. 18 no. 2
Type: Research Article
ISSN: 1044-4068

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Book part
Publication date: 19 November 2019

Paulo Marzionna

This chapter discusses the adoption by Brazilian companies of alternative dispute resolution (ADR) methods for individual workplace conflicts. Brazil is an interesting…

Abstract

This chapter discusses the adoption by Brazilian companies of alternative dispute resolution (ADR) methods for individual workplace conflicts. Brazil is an interesting case to study ADR due to its high level of institutionalized individual workplace conflicts and its extensive workplace statutory regulation. Investigating the case of three Brazilian private companies of different sectors and sizes, I found that Brazilian companies are developing their own ADR practices, focusing on ombudsman offices (OOs), instead of using the mediation and arbitration methods that are predominant in the United States. I argue that the adoption of the ombudsman can be explained by institutional and workplace level factors, which include the characteristics of Brazilian industrial relations system, each company’s human resources (HRs) strategy, and the relationship between companies and unions. Furthermore, I discuss how the usage rate of the OOs might vary according to the OO’s internal structure and its functioning rules. The cases provide important insights for scholars interested in ADR in general and in Brazilian industrial relations system, as well as union leaders, HR managers, and other practitioners dealing with workplace conflicts globally.

Details

Advances in Industrial and Labor Relations
Type: Book
ISBN: 978-1-83909-192-6

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Article
Publication date: 14 October 2019

Doron Pely and Golan Luzon

The purpose of this paper is to locate, describe and analyze the differences between the way migrants from communal cultures and local communities in Western Europe…

Abstract

Purpose

The purpose of this paper is to locate, describe and analyze the differences between the way migrants from communal cultures and local communities in Western Europe resolve intra-communal and inter-communal conflicts, and to use the findings to propose a hybrid alternative model that may be able to bridge across identified differences. Such a hybrid model will facilitate enhanced integration and adaptation between host and migrant communities, contributing to improved conflict resolution outcomes.

Design/methodology/approach

This paper starts with an exploration, review and analysis of existing relevant literature describing refugee/migrant–host community interactions and their consequences. The second stage includes review and analysis of relevant alternative dispute resolution (ADR) literature. The third stage undertakes an examination and analysis of the practices identified in stage two, and the fourth stage proposes a method that uses potentially “bridging” practices by incorporating useful and relevant elements from host and refugee communities’ ADR mechanisms, in a way that may help resolve inter-communal disputes.

Findings

The paper demonstrates significant differences between host and migrant communities’ dispute resolution practices and the integrability of relevant ADR approaches toward creating a usable, hybrid, bridging approach to handle inter-communal conflicts.

Research limitations/implications

The paper proposes a hybrid “bridging” host–refugee inter-communal conflict management model. The proposed model should be tested to prove feasibility and viability.

Practical implications

Should the proposed model prove useful, the practical implications may lead to the construction and use of different (hybrid) conflict management mechanisms in appropriate communities. Such mechanisms may lead to a reduction in the number and severity of inter-communal conflicts.

Social implications

A reduction in inter-communal conflicts within the framework of a host–migrant interface may have strong positive outcome to inter (and intra) communal relations and may reduce friction, crime, marginalization, hostility and radicalization.

Originality/value

The paper highlights the challenges to both migrant and host communities when it comes to finding a common ground for resolving inter-communal disputes and offers a pragmatic hybrid model to bridge cultural and functional gaps and help promote mutually satisfactory outcomes.

Details

International Journal of Conflict Management, vol. 30 no. 5
Type: Research Article
ISSN: 1044-4068

Keywords

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