Search results

1 – 10 of over 27000
To view the access options for this content please click here
Article
Publication date: 1 June 2001

Sai‐On Cheung, S. Thomas Ng, Ka‐Chi Lam and Wing‐Sang Sin

Unresolved construction dispute can be detrimental to project success. A systematic method to evaluate the seriousness of construction dispute of a construction project…

Abstract

Unresolved construction dispute can be detrimental to project success. A systematic method to evaluate the seriousness of construction dispute of a construction project will assist management to take appropriate corrective actions. Evaluation of construction disputes requires an analysis on both the likelihood of occurrence and its impact, which are normally expressed by practitioners in linguistic terms. The application of classical discrete analysis will not be able to accommodate the fuzzy nature of this information. To determine how fuzzy sets theory can be applied to construction disputes evaluation (CDE), a fuzzy CDE model has been developed based on the knowledge extracted from practitioners in Hong Kong. The fuzzy CDE system consists of four components: dispute identification, dispute analysis; dispute evaluation; and dispute control. This paper describes the framework and operation of the fuzzy CDE system developed. The results indicate that CDE can be modelled by the fuzzy sets theory.

Details

Construction Innovation, vol. 1 no. 2
Type: Research Article
ISSN: 1471-4175

Keywords

To view the access options for this content please click here
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.

Details

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

Keywords

To view the access options for this content please click here
Article
Publication date: 1 June 2002

Polonca Koncar

Outlines the present system of labour and social disputes settlement in Slovenia. Looks at the construction of the courts, precedural aspects and the areas which they…

Abstract

Outlines the present system of labour and social disputes settlement in Slovenia. Looks at the construction of the courts, precedural aspects and the areas which they govern. Provides some suggestions for improvement and change. Considers alternative methods of dispute settlement and the impact of the European convention on Human Rights.

Details

Managerial Law, vol. 44 no. 3
Type: Research Article
ISSN: 0309-0558

Keywords

To view the access options for this content please click here
Book part
Publication date: 19 September 2012

Björn Sjöblom and Karin Aronsson

Purpose – The aim of the present chapter is to analyse episodes of dispute and conflict in co-located computer gaming. The main purpose is to extend prior research on…

Abstract

Purpose – The aim of the present chapter is to analyse episodes of dispute and conflict in co-located computer gaming. The main purpose is to extend prior research on dispute-interaction to a computer mediated setting.

Methodology – Naturally occurring multiplayer computer gaming was video recorded in Internet cafés (28 hours). A single case was selected that involved a series of escalating disputes over the course of 45 minutes of gaming. The social interaction involved – of two 16-year-old boys playing World of Warcraft – was analysed using conversation analytical procedures.

Findings – The sequential analyses show how the two players engaged in disputes at the points where one or both of the players’ avatars had been killed. The players held each other accountable for their in-game performance, and avatar death was a central event in which gaming competence was contested, often in outright confrontations. Such disputes, where each player attempted to present the other as inferior, were used for negotiating player identities in what Goffman (1967) has called character contests. In gaming, players thus risk losing the game as well as their social standings. Disputes were also linked to the variable stakes of the game: with more at stake, players were more likely to escalate conflicts to the point of even quitting the game altogether.

Originality – The chapter shows how disputes are central components in adolescents’ computer gaming, and how they both structure the players’ intersubjective understanding of the game, and how they play a role in local identity work.

Details

Disputes in Everyday Life: Social and Moral Orders of Children and Young People
Type: Book
ISBN: 978-1-78052-877-9

Keywords

To view the access options for this content please click here
Book part
Publication date: 7 July 2014

Christel Dumas and Emmanuelle Michotte

Much of the management research on socially responsible investment (SRI) consists in demonstrating how SRI is good for business and good for society. But the belief that…

Abstract

Purpose

Much of the management research on socially responsible investment (SRI) consists in demonstrating how SRI is good for business and good for society. But the belief that business and market-based strategies will bring positive social and ecological change is far from natural and results in disputes. This study shows how SRI proponents have to develop and combine arguments in order to construct and defend a valid and plausible discourse on SRI that could resist the critiques and appease the disputes resulting from its institutionalization.

Methodology

We collect articles in the media to identify the SRI controversies. For these disputes, we look at the attempts of SRI to give a robust justification of the particular arrangement it promotes, vis-à-vis a public audience, and we discuss possible resolutions.

Findings

SRI focuses on appealing to conventional finance with a market logic, resulting in very few challenges of the legitimacy of the existing institutional order. In a few cases, SRI seeks a resolution based on a competing principles resulting in hybrid constructions of compromises, which could be consolidated by SRI models and tools.

Implications

The results contribute to a better understanding of SRI as it is perceived today, and of how the disputes around its mainstreaming may unfold in the future. This helps us clarify our expectations towards SRI and shows that if we want to address shortcomings in finance, we should probably not rely on SRI as it is defined and practiced in the 21st century.

Details

Socially Responsible Investment in the 21st Century: Does it Make a Difference for Society?
Type: Book
ISBN: 978-1-78350-467-1

Keywords

To view the access options for this content please click here
Book part
Publication date: 19 July 2016

William K. Roche and Colman Higgins

The purpose of this chapter is to examine the genesis, operation, and effects of a dispute resolution body known as the National Implementation Body (NIB). The NIB was…

Abstract

Purpose

The purpose of this chapter is to examine the genesis, operation, and effects of a dispute resolution body known as the National Implementation Body (NIB). The NIB was established by employers, unions, and the State in Ireland and was active between 2000 and 2009. It recorded significant success in resolving major disputes. A distinctive feature of the NIB was its networked character: the body involved key employer and union leaders and senior public servants, who exerted informal pressure on the parties in dispute to reach a settlement either within the NIB process itself or in the State’s mainstream dispute resolution agencies.

Research Methods

The research draws on case studies of disputes and interviews with key members of the NIB.

Findings

The findings reveal how the NIB mobilized networks to resolve a series of major disputes that threatened to derail national pay agreements or cause significant economic disruption.

Originality/value

The chapter examines the operation of networked dispute resolution in detail and considers the wider implications of networked dispute resolution in both Continental European and other Anglo-American countries.

Details

Managing and Resolving Workplace Conflict
Type: Book
ISBN: 978-1-78635-060-2

Keywords

To view the access options for this content please click here
Book part
Publication date: 1 February 2009

Andrew G. Brown and Robert M. Stern

We first discuss what fairness may mean in the context of the dispute settlement process, noting the crucial relation between fairness in dispute settlement and the…

Abstract

We first discuss what fairness may mean in the context of the dispute settlement process, noting the crucial relation between fairness in dispute settlement and the functioning of the trading system as a whole. We explore this relation further through an analysis of three main groups of dispute settlement cases. These are cases that turn around the question of defining fair competition; cases that arise from the use of contingency measures; and cases that draw the boundaries between domestic regulatory measures and the trade-related norms and rules of the WTO. There follows an analysis of experience with compliance and with the use of countermeasures in various cases. Finally, taking together the rulings of the Dispute Settlement Body and the procedures for compliance and the use of countermeasures, we conclude that while the present dispute settlement process serves to protect the fairness of the trading system as a whole, there are some aspects of dispute settlement that remain problematic from the standpoint of fairness.

Details

Trade Disputes and the Dispute Settlement Understanding of the WTO: An Interdisciplinary Assessment
Type: Book
ISBN: 978-1-84855-206-7

Keywords

To view the access options for this content please click here
Book part
Publication date: 1 February 2009

Pao-Li Chang

This chapter provides a theoretical framework of dispute settlement to explain the surge in blocking incidence of GATT panel reports during the 1980s and the variations in…

Abstract

This chapter provides a theoretical framework of dispute settlement to explain the surge in blocking incidence of GATT panel reports during the 1980s and the variations in withdrawn incidence versus total disputes across different decades of the GATT regime. The study first suggests the role of the degree of legal controversy over a panel ruling in determining countries' incentives to block (appeal) a panel report under the GATT (WTO) regime. The study then analyzes the effects of political power on countries' incentives to use, and their interactions in using, the dispute settlement mechanism, given two-sided asymmetric information regarding panel judgement.

Details

Trade Disputes and the Dispute Settlement Understanding of the WTO: An Interdisciplinary Assessment
Type: Book
ISBN: 978-1-84855-206-7

Keywords

To view the access options for this content please click here
Book part
Publication date: 1 February 2009

Kara M. Reynolds

Previous research on the success of the WTO dispute-settlement system may miscalculate the true benefits of the dispute process due to the nature of the datasets used…

Abstract

Previous research on the success of the WTO dispute-settlement system may miscalculate the true benefits of the dispute process due to the nature of the datasets used. Approximately 33 percent of all disputes filed at the WTO are classified as pending or inactive and thus omitted from most studies. Further investigation reveals that many of these inactive cases were actually settled by the countries involved or considered in a similar WTO dispute, and, as a result, no further WTO action was taken. This suggests that the WTO dispute settlement process may be more effective in resolving disputes than otherwise thought. For those disputes not successfully resolved, I empirically estimate why countries may choose to initiate WTO dispute settlement action but fail to follow through, thus allowing the offending party to continue with the alleged WTO illegal activities. The results suggest that developing countries are less likely to resolve their complaints in the WTO dispute settlement system, a troubling implication for the equity of the system.

Details

Trade Disputes and the Dispute Settlement Understanding of the WTO: An Interdisciplinary Assessment
Type: Book
ISBN: 978-1-84855-206-7

Keywords

To view the access options for this content please click here
Book part
Publication date: 10 December 2003

Michal Alberstein

The present paper attempts to map the discursive relations between conflict and settlement as reflected in the realms of law and mediation during the second half of the…

Abstract

The present paper attempts to map the discursive relations between conflict and settlement as reflected in the realms of law and mediation during the second half of the 20th century, offering a 21st century model to combine the mediation drive to settle through reaching inter-subjective transformation with the legal drive to escalate and promote social conflict. Contemporary mediation, according to this model, should involve on the one hand “negotiating for justice,” according to the familiar models of problem solving and transformation, and on the other hand “fighting for law”: acknowledging the self-referential and ideological quality of conflicts, while emphasizing the pragmatic need to end them through an interpretive public act that involves value judgments.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-252-8

1 – 10 of over 27000