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1 – 10 of over 4000
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 established…

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

Article
Publication date: 1 February 2001

David Thomas

The paper summarises the role of alternative dispute resolution, by ombudsmen and others, in the development of the European single financial market. It describes three particular…

Abstract

The paper summarises the role of alternative dispute resolution, by ombudsmen and others, in the development of the European single financial market. It describes three particular initiatives sponsored by the European Commission — a financial services alternative dispute resolution (ADR) network, a general consumer ADR network and work on the relationship between ADR schemes and the Internet — and indicates where the Financial Ombudsman Service fits into these.

Details

Journal of Financial Regulation and Compliance, vol. 9 no. 2
Type: Research Article
ISSN: 1358-1988

Abstract

Details

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

Book part
Publication date: 12 March 2002

Patrice M. Mareschal

This research examines the mediation process in the labor relations context to identify the determinants of mediators' tactics. First, data collected from secondary sources…

Abstract

This research examines the mediation process in the labor relations context to identify the determinants of mediators' tactics. First, data collected from secondary sources, informal networking with dispute resolution professionals, participant observation of new mediator training sessions, and qualitative interviews with Federal Mediation and Conciliation Service (FMCS) mediators were used to develop a written survey. Next, the survey was distributed to practicing mediators with the FMCS. In brief, this research compares the assumptions underlying the FMCS' training curriculum with practitioner sentiments concerning good mediator practice.Six hypotheses were developed from the preliminary analysis. These hypotheses were tested using linear regression. Four statistically significant relationships were found. Three hypotheses were confirmed. Survey results indicated that mediator tactics tend to cluster into two groups, “the broad approach” and “the narrow approach.” The survey data suggest that the broad and narrow approaches to mediation are complements to each other rather than substitutes for one another. Therefore, I summed the “broad approach” and “narrow approach” scales to create one measure of mediator tactics, which I named “the bifocal approach.” The following predictors of the bifocal approach were found to be statistically significant: bargaining context, mediator acceptability, bargaining chips, and unionization rate.

Details

Advances in Industrial & Labor Relations
Type: Book
ISBN: 978-0-76230-853-8

Article
Publication date: 26 September 2022

Esi Elliot, Robert Spencer Smith and Pelin Bicen

The purpose of this paper is to explore and understand how Chambers of Commerce enhance networking among ethnic small businesses and enable the co-creation of value. This study…

Abstract

Purpose

The purpose of this paper is to explore and understand how Chambers of Commerce enhance networking among ethnic small businesses and enable the co-creation of value. This study contributes to extant research through the emergence of the concept of cultural networking competence. This study highlights how Chambers of Commerce in the USA ensures the continuation, growth and replication of ethnic small businesses through cultural networking competence.

Design/methodology/approach

This study investigates the research question by conducting qualitative research and adopting an interpretive approach of investigation in the Hispanic Chamber of Commerce in Chicago. Subjects were recruited using purposive sampling techniques via community links.

Findings

Findings show the existence of four different types of value in line with Holbrook’s typology of value – utilitarian, social, emotional and altruistic value. Because these values are culturally related, this study regards these values as cultural networking competence, which differs from general networking competence due to its focus on culture. With cultural networking competence, ethnic firms benefit from access to new domains, the creation of new opportunities, an improved effectiveness in achieving objectives beyond their own ethnic networks and the resources of other actors that can be leveraged for wider impact.

Originality/value

This study contributes to extant research through the emergence of the concept of cultural networking competence. This study highlights how Chambers of Commerce in the USA ensures the continuation, growth and replication of ethnic small businesses through cultural networking competence.

Details

Journal of Research in Marketing and Entrepreneurship, vol. 25 no. 1
Type: Research Article
ISSN: 1471-5201

Keywords

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 its way…

9584

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.

Details

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

Keywords

Article
Publication date: 8 September 2023

Mugdha Shirish Mujumdar and Sandeep G. Prabhu

This study aims to explore the telecom regulations and telecom reforms of different countries in the context of consumer complaints and grievance handling. The telecom dispute

Abstract

Purpose

This study aims to explore the telecom regulations and telecom reforms of different countries in the context of consumer complaints and grievance handling. The telecom dispute resolution mechanisms of countries such as Australia, the USA, the UK and India are studied. This qualitative research is carried out for the three major telecom markets: Australia, the USA and India.

Design/methodology/approach

Here, research is conducted in two stages. In the first stage, the telecom policies of the major telecom markets, their ombudsman policies and consumer grievance redressal mechanisms are studied. In the second stage, the qualitative analysis of the three telecom markets, Australia, the USA and India, is conducted through in-depth interviews, the questionnaire method for telecom customers and secondary research.

Findings

Telecom customer satisfaction is significantly higher in countries with the telecom ombudsman as a system of telecom governance redressal. This study dedicates significant importance to the distinctiveness of the grievance resolution systems in different countries and suggests recommendations for improving the mechanisms. The recommendations given in the research study emerge as the output of interviewing telecom experts, academicians and researchers and court judges.

Research limitations/implications

This study has partial limitations as primary research was carried out only in selected countries with limited participants.

Practical implications

This study is useful for policymakers, regulators and think tanks in the telecommunications sector.

Social implications

The resolution of individual customer grievances is significant to the telecom industry and all participants. A well-oiled grievance redressal system enhances the trust among the service users and aids in the industry’s growth. Further practical assessment of redressal offered by different telecom operators can be used for benchmarking, and it can create an onus on telecom operators for timely and adequate redressal of consumer complaints. In certain countries with a well-developed alternate dispute resolution (ADR) mechanism, the service offerings of telecom operators and the quality of services are deemed to be better than those without such an ADR. The research aims to bring in the positives of ADR systems from specific telecom markets and suggest the effectiveness of such ADR for countries such as India, which has over 1.17billion active subscribers. This research aims to aid responsive communication with telecom consumers in the overall telecom industry, which can bolster telecom consumers’ confidence and help the industry grow sustainably. Discussing perspectives on telecom dispute resolution in various conferences and discussing use-cases of innovative dispute settlements can act as stimuli in this space. As ADR procedures are conducted in the shadow of the law, a dispute resolution framework must have a buy-in from the government, telecom experts, the judiciary and private telecom stakeholders. This can only help achieve a framework that can reap the benefits of various ADR/ODR processes facilitating better access to justice, including cost-effectiveness, swiftness, a broader reach for dispute resolution and improved efficiency of dispute resolution.

Originality/value

Previous studies have focused on the study of telecom reforms and mechanisms in a particular country and there was a limited comparison with other countries’ mechanisms. Also, there has been minimal research in this area in recent years. This paper contributes to analyzing the effectiveness of the telecom ombudsman framework in Australia, the USA, the UK and India. It also studies the reforms and consumer grievance-handling mechanisms in a few other countries. It also gives well-researched recommendations for improving the consumer grievance resolution system.

Details

Digital Policy, Regulation and Governance, vol. 25 no. 6
Type: Research Article
ISSN: 2398-5038

Keywords

Book part
Publication date: 1 January 2006

Elizabeth A. Hoffmann

This study compares dispute resolution strategies of workers in hierarchical, conventional businesses with those of members of worker cooperatives – organizations in which all…

Abstract

This study compares dispute resolution strategies of workers in hierarchical, conventional businesses with those of members of worker cooperatives – organizations in which all workers co-own and co-manage the business. Drawing on data from three industries (coal mining, taxicab driving, and food distribution), this study finds some support for predictions in the literature that assert that the cooperative's flattened structure and egalitarian ideology will affect workers’ grievance resolution. Although the data do not indicate a single pattern in dispute resolution strategies (i.e., with all members of the cooperatives resolving their disputes one way and all non-cooperative employees using a different strategy), the data do demonstrate that, when comparing matched cooperative and conventional businesses within each industry, the worker cooperative members possess more dispute resolution strategies than their conventionally employed counterparts.

Details

Advances in Industrial & Labor Relations
Type: Book
ISBN: 978-1-84950-470-6

Article
Publication date: 1 January 1977

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that…

2054

Abstract

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

Details

Managerial Law, vol. 20 no. 1
Type: Research Article
ISSN: 0309-0558

Book part
Publication date: 14 April 2016

Michal Alberstein

The paper articulates common organizing narratives which recur within alternative movements in law, and posits the art of dispute resolution as an experimental reconstructive…

Abstract

The paper articulates common organizing narratives which recur within alternative movements in law, and posits the art of dispute resolution as an experimental reconstructive methodology for engaging conflicts, while incorporating a critique of classical liberal thought. The paper offers a reading of conflict resolution approaches, including Alternative Dispute Resolution; Therapeutic Jurisprudence; Restorative Justice, and Transitional Justice, in search of a new legal culture or jurisprudence which emerges from the following narratives: emphasis on process; emphasis on constructive conflict intervention; deconstruction and hybridization; a search for an underlying layer; emphasis on relationship and acknowledgment of emotions; community work and bottom-up development.

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