582 results on '"*CONCILIATION (Civil procedure)"'
Search Results
2. Honest Abe and ADR.
- Author
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Curran, Dennis J. and Kingdon, Emma
- Subjects
CONCILIATION (Civil procedure) ,MEDIATION ,LEGAL settlement ,PRESIDENTS of the United States ,LAWYERS - Abstract
Abraham Lincoln's 25-year legal career dwarfed his four years as president. Many of the talents he exhibited as president--his strong sense of moral duty and a commitment to conciliation, whenever possible--were cultivated as a lawyer. Lincoln may not have known the term "ADR," but he certainly understood and captured its essence. He had a deep and intuitive understanding that lawsuits can stir up the worst in people, pit neighbor against neighbor, divide families, and splinter whole communities. He discerned the advantages of a negotiated settlement. His legal career is replete with intriguing examples of creative dispute resolution. [ABSTRACT FROM AUTHOR]
- Published
- 2024
3. Trabajos de cuidado y corresponsabilidad: la función institucional.
- Author
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RODRÍGUEZ GONZÁLEZ, Sarai
- Subjects
PERSONNEL management ,GENDER inequality ,GOVERNMENT policy ,CONCILIATION (Civil procedure) ,CIVIL rights - Abstract
Copyright of Revista Internacional y Comparada de Relaciones Laborales y Derecho del Empleo is the property of ADAPT University Press 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.)
- Published
- 2024
4. Liberal egalitarianism and critical legal studies: articles of conciliation.
- Author
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McManus, Matthew
- Subjects
- *
LIBERALISM , *JURISPRUDENCE , *CONCILIATION (Civil procedure) , *CRITICAL legal studies , *REALISM - Abstract
Liberal egalitarian jurisprudence and critical legal studies have often been at odds, despite sharing a core of set of political and analytical commitments. This paper makes the case for their conciliation in the 21st century on the basis that both traditions have much to offer one another. Liberal egalitarians offer the theoretical tools for developing an egalitarian normative approach to law, and critical legal theorists offer a vital realism about power. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
5. Mediating Commercial Disputes in Morocco: New Horizons of ADR in Africa.
- Author
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Rharrabi, Hanane and Kai-Chieh Chan
- Subjects
MEDIATION ,ARBITRATION & award ,CONCILIATION (Civil procedure) ,INDUSTRIAL mediation ,COMMERCE - Abstract
The article introduces the state of mediation of commercial disputes in Morocco and demonstrates the potential role of Morocco in alternative dispute resolution (ADR) in Africa with the adoption of the Arbitration and Conventional Mediation law. Topics discussed are ADR and legal culture of the Arab world, different forms of mediation practiced in Morocco such as conciliation by tribal and religious leaders and arbitration, and formation, legality and effects of mediation agreements.
- Published
- 2023
6. A reflection on 'The Liberal Promise' on its 30th birthday
- Author
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Allen, Dominique
- Published
- 2020
7. MEDIATION IN INTERNATIONAL FAMILY DISPUTES.
- Author
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VOICULESCU, Anca Magda
- Subjects
DOMESTIC relations ,CONDUCT of court proceedings ,CONCILIATION (Civil procedure) ,MEDIATION ,LANGUAGE & languages - Abstract
There is an increasing importance attached to use of methods to reach agreed solutions in national and international family law, both during the course of litigations involving children, and also in order to prevent such juridical disputes. Among the different means of amicable dispute resolution (such as conciliation, counselling, arbitration, etc.), mediation remains just one of many possibilities, but still the most widely promoted method of alternative dispute settlement. The purpose of the article is to identify the advantages and limits of mediation in comparison with court proceedings, and subsequently to highlight its particularities in the context of child abduction cases (which characteristically involve the highest levels of tension between the parties). Hence, the objectives of the present study are to identify specific challenges of mediation in international chils abductions, such as object, timeframes, cooperation among mediators and administrative/judicial authorities, (non)ennforceability of the agreement in all jurisdictions concerned or language difficulties, associated with different cultural and religious backgrounds, geographical distance, visa and immigration issues. Furthermore, the study aims to identify use of mediation in order to prevent child abductions, at an early stage of the break of the relationship between parents, where an amicable solution is still reachable and recommendable in the best interests of the child. [ABSTRACT FROM AUTHOR]
- Published
- 2023
8. From Conciliation to Conflict: How Dobbs v. Jackson Women's Health Organization Reshapes the Supreme Court's Role in American Polarized Society.
- Author
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Stern, Shai
- Subjects
POLARIZATION (Social sciences) ,CONCILIATION (Civil procedure) - Abstract
Dobbs v. Jackson Women's Health Organization, issued by the United States Supreme Court on June 24, 2022, overturned the groundbreaking cases of Roe v. Wade and Planned Parenthood v. Casey. In doing so, the Court sprinkled gasoline onto the fire of social polarization in America. In denying the constitutional status of a woman's right to bodily autonomy and--no less important--opening the door to the denial of other longstanding constitutional rights, the Court's decision emboldened conservatives, enraged liberals, and will roil American politics for years to come. However, as this Article argues, the significance of Dobbs goes well beyond constitutional or doctrinal questions: the decision undermines the status of the Court and the entire legal system as the last consensual arena for resolving complex and intractable disputes in American society. American society has been divided and polarized for decades over a host of fundamental issues, especially abortion. This social polarization has led to a decline in the legitimacy, perceived trustworthiness, and influence of the nation's social and political systems. As these systems lost their ability to serve as mechanisms for resolving disputes, the legal system became almost the only means in American culture for creating dialogue and building consensus. For decades, the Supreme Court has worked to preserve this status. When the Court is required to deal with rooted social disputes in American society, it has often chosen a strategy of conciliation--meaning that the victory of one side does not nullify the rights or delegitimize the worldview of the other. This pluralistic view adopted by the Court has elevated it above the storms of social polarization that have raged across the United States in recent decades. The Dobbs ruling, however, points to a change of strategy on the part of the Court in dealing with rooted disputes in American society. In Dobbs, the Court applied a "conflict strategy," in which a victory is granted to one party, at the cost of a declaratory violation of the values--and a practical violation of the rights--of the other. In this sense, the significance of Dobbs goes beyond the discussion of a woman's right to her body, as crucial as that is. The change in the Court's strategy for resolving in-depth disputes in American society indicates a retreat from the pluralistic view it has adopted and, no less significant, the infiltration of social polarization into the legal system as well. Continued implementation of the conflict strategy will lead to further violation of the civil rights of racial, gender, and sexual minorities (including possibly those rights previously recognized by the Court). It will also lead to rapid deterioration in the Court's status as an institution above the partisan fray and a decline in the ability of American society to obey the rule of law. Moreover, pursuant to the conflict strategy, the Court loses its objectivity, and therefore, its ability to resolve disputes conclusively. [ABSTRACT FROM AUTHOR]
- Published
- 2023
9. Factors Hindering Couples from Accessing Marriage Conciliation Boards in Mainland Tanzania.
- Author
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Alphonce, Janeth, Binamungu, Cyriacus, and Bakta, Seraphine M
- Subjects
- *
MARRIAGE law , *SPOUSES , *CONCILIATION (Civil procedure) , *JURISDICTION - Abstract
To safeguard marriage, the Law of Marriage Act of Mainland Tanzania, established marriage conciliation boards (MCBs) to reconcile disputing spouses. Divorce cases are referred to MCBs before they are filed in court. The divorce rate in Mainland Tanzania is increasing and case law indicates that some parties are by-passing MCBs without good cause. The authors were motivated to study the causes of this trend. Data were collected in Morogoro and Kilimanjaro regions through documentary review and in-depth interviews. They identified six factors limiting parties' access to MCBs: set-up of the boards; MCBs' regulatory framework; jurisdiction; costs; choice of forum; and inadequate provisions governing the process followed by MCBs. The study concluded that the government attaches minimal significance to MCBs and recommends that the government should intervene, including by reforming the law governing MCBs. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
10. Investor-State Mediation - A Third Lane on the ISDS Highway?
- Author
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JUNG, JULIA
- Subjects
- *
INVESTOR-state arbitration , *MEDIATION , *CONFLICT management , *CONCILIATION (Civil procedure) - Abstract
This article sets out in detail the proposition of investor-State mediation and examines recent developments in the field. The article also sheds light on practicalities such as the agreement to mediate, the necessity of an ongoing consent, timing issues, mediation rules, the process, criteria on how to choose the mediator and mediation counsel, etc. Moreover, the article analyzes the two main reasons for the limited uptake of ICSID conciliation. Also, it sets out current political and structural obstacles to settlement of investment disputes. Ways to overcome these obstacles in the future are being suggested. Furthermore, current discontent in ISDS is compared with what investor-State mediation is offering in this regard. Eventually, it is concluded that investor-State mediation, although no panacea to every dispute, can be a valuable addition to the ISDS toolbox. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
11. Lícitos planos, insólitos interesses: Agentes públicos coloniais e o projeto de dinamização econômica em Ilhéus no início do século XIX.
- Author
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OLIVEIRA SILVA, AYALLA
- Subjects
ECONOMIC recovery ,BUSINESS cycles ,CONCILIATION (Civil procedure) ,CIVIL procedure ,MEDIATION ,DOMESTIC economic assistance - Abstract
Copyright of Varia História is the property of Varia Historia 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.)
- Published
- 2022
- Full Text
- View/download PDF
12. CONCILIATION OBFUSCATION.
- Author
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Reed, Alex
- Subjects
CONCILIATION (Civil procedure) ,CONGRESSIONAL Review Act, 1996 (U.S.) ,DISCRIMINATION lawsuits - Abstract
Before the U.S. Equal Employment Opportunity Commission may sue an employer for violating federal antidiscrimination law, it must first seek to engage the employer in conciliation. Conciliation offers employers an opportunity to resolve discrimination charges voluntarily in a setting analogous to settlement negotiations. In January 2021, EEOC promulgated a rule mandating that, as part of conciliation, employers be given certain information about the underlying charge. Congress subsequently rescinded the rule, however, citing its ostensible pro-employer/anti-worker bias. Congress’s nullification of the conciliation rule has generated considerable uncertainty not only for employers and workers but also for the Commission itself. That is because the rule was rescinded using the Congressional Review Act (CRA), which prohibits a rule from being issued “in substantially the same form” as one previously disapproved. Yet, the Act does not define “in substantially the same form” or otherwise specify what criteria should be used in assessing rules’ similarity. Nor has any court interpreted the phrase in the specific context of CRA. This article examines three possible methodologies for how the Commission might go about issuing a conciliation rule consistent with CRA— based on proposals from the academic literature, other agencies’ experience in reissuing disapproved rules, and procedures specified in CRA’s post-enactment legislative history—and demonstrates that while EEOC retains the discretion to issue a new conciliation rule, it is effectively barred from doing so absent further action by Congress. [ABSTRACT FROM AUTHOR]
- Published
- 2022
13. Corrective justice and redress under Australia's racial vilification laws
- Author
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Swannie, Bill
- Published
- 2021
14. Pensando o multiculturalismo: um encontro entre Taylor e Kymlicka.
- Author
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Camati, Odair
- Subjects
MULTICULTURALISM ,COMMUNITARIANISM ,DEMOCRACY ,CONCILIATION (Civil procedure) - Abstract
Copyright of Veritas is the property of EDIPUCRS - Editora Universitaria da PUCRS 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.)
- Published
- 2022
- Full Text
- View/download PDF
15. ¿Es el teletrabajo una fórmula de conciliación de la vida personal, familiar y laboral?
- Author
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FERNÁNDEZ COLLADOS, Maria Belén
- Subjects
TELECOMMUTING ,COVID-19 pandemic ,CONCILIATION (Civil procedure) ,CIVIL procedure ,EQUALITY - Abstract
Copyright of Revista Internacional y Comparada de Relaciones Laborales y Derecho del Empleo is the property of ADAPT University Press 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.)
- Published
- 2022
16. WHAT DRIVES TRICKLE-DOWN EFFECTS? A TEST OF MULTIPLE MEDIATION PROCESSES.
- Author
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WO, DAVID X. H., AMBROSE, MAUREEN L., and SCHMINKE, MARSHALL
- Subjects
INTERMEDIARIES (Interpersonal relations) ,CONCILIATION (Civil procedure) ,CONFLICT management ,SUPPLY-side economics ,DYADS ,SOCIAL exchange - Abstract
Organizational research has established the existence of trickle-down effects, wherein the perceptions, attitudes, or behavior of one person in an organization affects those of another person at a lower level. Although current research has explained the phenomenon using several different theoretical perspectives, prior studies have not explicitly tested the theorized mechanisms. This paper develops and tests a model that incorporates three theories of trickle-down effects for interactional justice perceptions: social exchange theory, social learning theory, and displaced aggression. Using cross- sectional data from 200 supervisor-subordinate dyads in Study 1 and longitudinal data from 270 supervisor-subordinate dyads in Study 2, we test this multiple mediator model. The results demonstrate that the two aspects of interactional justice perceptions--interpersonal and informational justice perceptions--trickle down fromsupervisors to subordinates through two different mechanisms. Specifically, displaced aggression accounts for the trickle-down effects of interpersonal justice perceptions and social exchange accounts for the trickle-down effects of informational justice perceptions. We discuss the implications of the findings for research on trickle-down effects and organizational justice. [ABSTRACT FROM AUTHOR]
- Published
- 2015
- Full Text
- View/download PDF
17. Conciliação, disputa e residualidade: A reforma agrária no Brasil durante os governos do PT.
- Author
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PAULO CAMPOS, MARCOS
- Subjects
CONCILIATION (Civil procedure) ,CIVIL procedure ,QUARRELING - Abstract
Copyright of Historia Agraria is the property of Historia Agraria 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.)
- Published
- 2021
- Full Text
- View/download PDF
18. Uzlaştırma : sınava hazırlık kitabı
- Author
-
author unknown and author unknown
- Subjects
- Tahkim, Arabuluculuk, Uzlasma (Hukuk), Criminal law--Turkey, Arbitration, Mediation, Conciliation (Law), Ceza hukuku--Türkiye, Conciliation (Civil procedure), Uzlasma (Medeni yargilama)
- Published
- 2018
19. Alternative dispute resolution in the employment and industrial field
- Author
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Stewart, David
- Published
- 2020
20. Conciliation of investor-state disputes, Arb-Con-Arb, and the 'Singapore Convention'
- Author
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Sim, Christine
- Published
- 2019
21. INNOVATIONS OF LEGAL REGULATION OF MEDIATION IN THE RUSSIAN FEDERATION.
- Author
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Burova, Inna Leonidovna, Volkova, Maria Aleksandrovna, and Kurbanov, Aiden Shamilovich
- Subjects
INTERNATIONAL mediation ,CONCILIATION (Civil procedure) ,ARBITRATION & award ,INTERNATIONAL arbitration ,INTERNATIONAL relations - Abstract
The analysis of changes in the legislation of the Russian Federation on conciliation procedures, including the mediation procedure, in connection with the adoption of Federal Law of 26.07.2019 N 197-ФЗ "On Amending Certain Legislative Acts of the Russian Federation" is carried out. The authors positively assess the expansion of the scope of the use of conciliation procedures in administrative cases and cases arising from administrative and other public legal relations. The authors predict an increase in the interest of subjects of legal relations in dispute in the use of mediation procedures in connection with giving notarized mediation agreements or their notarized copies the force of executive documents. Despite the general positive assessment of changes in the legislation on conciliation procedures, the authors note its individual shortcomings. In particular, there is an incorrect use of legal terminology in determining the procedural status of judicial mediators, who, participating in arbitration and civil proceedings, nevertheless, are not "participants in the trial". It seems that the changes that took place in the legislation of the Russian Federation should give a new impulse to the development of conciliation procedures in general, and mediation in particular, on the territory of the Russian Federation. [ABSTRACT FROM AUTHOR]
- Published
- 2019
22. INTERNATIONAL STANDARDS FOR MEDIATION.
- Author
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B., Kyrdan
- Subjects
STANDARDS ,MEDIATION ,EUROPEAN Union membership ,INTERNATIONAL mediation ,DISPUTE resolution ,CONCILIATION (Civil procedure) ,PUBLIC sphere - Abstract
The adoption of the Law of Ukraine «On Mediation» required analysis of mediation standards in various spheres of public life. Mediation in Ukraine is an alternative way to resolve dispute. However, its application is impossible without studying foreign experience in this area. In our article we have analyzed a number of foreign documents that define the standards of mediation. It is concluded that international regulations, which define the standards of mediation, are already recognized and used by a number of Member States of the European Union and require more implementation in Ukrainian legislation. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
23. Mediation in Russia: Law Enforcement Issues, Tendencies and Prospects.
- Author
-
IZMAILOV, ROBERT RINATOVICH, SUNGATULLINA, LILIA AZATOVNA, and MIKHAYLOV, ANDREY VALERIEVICH
- Subjects
- *
MEDIATION , *LAW enforcement , *DISPUTE resolution , *COMMERCIAL law , *CONCILIATION (Civil procedure) , *CONFLICT management , *LEGISLATION , *JUSTICE administration - Abstract
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]
- Published
- 2020
- Full Text
- View/download PDF
24. (19-014) Community Association DP270447 v ATB Morton Pty Limited [2019] NSWCA 83
- Author
-
Seymour, Mark
- Published
- 2019
25. Indian courts and bilateral investment treaty arbitration.
- Author
-
Ranjan, Prabhash and Anand, Pushkar
- Subjects
- *
INVESTMENT treaties , *JURISDICTION , *DOMESTIC courts & international law , *CONCILIATION (Civil procedure) , *COURTS - Abstract
Indian courts have had limited opportunities to deal with bilateral investment treaty (BIT) arbitrations. In this paper we examine the interactions between BIT arbitration and Indian courts through a study of three domestic court cases arising in context of anti-arbitration injunctions in BIT arbitration. These three cases are Port of Kolkata v LDA, India v Vodafone, and India v Khaitan. Through these three cases, for the first time, Indian courts have thrown light on issues such as jurisdiction of domestic courts on matters pertaining to BIT arbitration, the applicability of the Indian Arbitration and Conciliation Act, 1996 ('A&C Act') to BIT arbitration and questions surrounding "abuse of process" by foreign investors. Two out of three cases held that the A&C Act does not apply to BIT arbitration. On "abuse of process", the courts held that these questions should be addressed by BIT arbitration tribunals and not by domestic courts. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
26. Child Voice in Parenting Coordination: Toward a Model of Inclusion.
- Author
-
Yasenik, Lorri, Graham, Jonathan, and Fieldstone, Linda
- Subjects
- *
JOINT custody of children , *PART-time parenting , *DOMESTIC relations , *CO-parents , *CONCILIATION (Civil procedure) , *CHILDREN of divorced parents , *CHILDREN of separated parents - Abstract
Is it possible to bring the voice of children to the parenting coordination process without their involvement? And, if children are involved, what are the considerations for safe and appropriate inclusion? Ninety‐two parenting coordinators recently surveyed responded about their current practice and thoughts on child inclusion. Their comments, along with current trends in child‐inclusive practice, and with the Association of Family and Conciliation Courts Guidelines for Parenting Coordination (2019), assisted in providing a guiding framework and a forum for discussion for the community of parenting coordinators. Key Points for the Family Court Community: The AFCC Guidelines for Parenting Coordination provide some guidance regarding safe and meaningful child inclusion in parenting coordination.PCs should consider their professional background, training, skills, and experience before attempting to include children in the parenting coordination process; Child Consultants may be used in the role to bring the child's voice to parenting coordination if the PC's training and experience are not adequate to ensure the safety of the child in the process.Obtaining the child's voice is the most reliable way to bring the child's needs and preferences to the parenting coordination; otherwise coparents are mostly responsible for providing input, which puts the coparents in the position of accepting, dismissing or distorting their child's views.Parental conflict can be mediated by their child's voice.PCs must be able to modify what to bring back to parents so at any level of readiness parents may be more open to incorporating their children's thoughts and views into decision‐making. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
27. New AFCC Guidelines for Parenting Coordination (2019).
- Author
-
Force, Task
- Subjects
- *
JOINT custody of children , *PART-time parenting , *DOMESTIC relations , *DOMESTIC violence , *CONCILIATION (Civil procedure) - Abstract
In 2017, AFCC President Annette Burns (2017–18) commissioned a Task Force, led by Dr. Debra Carter, to review the many changes and developments in parenting coordination that had occurred across the United States, in Canada, and across the world in the approximately 12 years since the 2005 Parenting Coordination Guidelines were released. Though primarily commissioned to update and revise the 2005 Guidelines, the Task Force also identified emerging issues in need of exploration – the use of technology in parenting coordination, parenting coordination as an intervention when intimate partner violence is a component of the dynamic, the importance of multicultural awareness and responsiveness, and the overall impact of the statutes, rules, and regulations that had evolved in significantly varying forms since parenting coordination first presented as an intervention for court‐involved families. The work of the Task Force, including the new (2019) Guidelines for Parenting Coordination, is presented. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
28. Issue Information.
- Subjects
- *
JUVENILE courts , *CONCILIATION (Civil procedure) , *PARENTING - Published
- 2020
- Full Text
- View/download PDF
29. Rhode Island Council on Postsecondary Education v.Hellenic Society Paideia - Rhode Island Chapter, 202 A.3d 931(R.I. 2019).
- Author
-
Rankel, Jeffery
- Subjects
CONCILIATION (Civil procedure) ,CONTRACTS ,PLAINTIFFS - Published
- 2020
30. 14 years of litigation and counting.
- Author
-
NWEDAMUTSU, TSEPO
- Subjects
CONCILIATION (Civil procedure) ,ARBITRATION & award - Abstract
The article offers the Constitutional Court of South Africa judgment in the case MEC for the Development of Health, Western Cape Provincial Department v Prof AR Coetzee & 49 Other. It dismissed the appeal by the MEC for the Department of Health, Western Cape Provincial Department, while confirming the determination of the Commission for Conciliation, Mediation and Arbitration as to the Respondents' entitlement to a Scarce Skills Allowance, payment of the capital sums.
- Published
- 2020
31. The Timor Sea Conciliation: The Unique Mechanism of Dispute Settlement.
- Author
-
Tamada, Dai
- Subjects
- *
MARITIME boundaries , *BOUNDARY disputes , *CONCILIATION (Civil procedure) ,UNITED Nations Convention on the Law of the Sea (1982) - Abstract
The maritime boundary dispute between Timor-Leste and Australia was submitted to the compulsory conciliation procedure under the United Nations Convention on the Law of the Sea (UNCLOS). This is the first instance of conciliation, whether voluntary or compulsory, under UNCLOS. The Timor Sea conciliation led to the successful settlement of the long-standing deadlock between the parties that had hitherto not been settled by negotiation and had no possibility of being settled by litigation (within, for example, International Tribunal for the Law of the Sea or International Court of Justice proceedings) or arbitration (within the context of an UNCLOS Annex VII tribunal). This article aims to elucidate the unique mechanism of conciliation and, to this end, analyses both the procedural particularities of conciliation under UNCLOS and the substantive considerations in conciliation proceedings. The author places emphasis, in particular, on the fundamental importance of the economic factor in the Timor Sea maritime delimitation – namely, the sharing ratio of the natural resources in the Greater Sunrise gas fields. Being a definitive factor for the success of this conciliation, it was the economics of this dispute that incentivized the parties to compromise and settle. Furthermore, given that conciliation is a most elucidating piece in the rather complicated puzzle that is the UNCLOS dispute settlement mechanism, the Timor Sea conciliation offers valuable insights into this mechanism. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
32. The Tort of Interference with Custody: A Tale of Two Jurisdictions.
- Author
-
CRUMP, DAVID
- Subjects
- *
CIRCUMSTANTIAL evidence , *INTENTION (Law) , *JURISDICTION , *CONCILIATION (Civil procedure) - Published
- 2020
33. Les enjeux identitaires dans la trilogie de crise de Linda Lê.
- Author
-
CAVALLERO, CLAUDE
- Subjects
TRILOGIES (Literature) ,CULTURAL identity ,CONCILIATION (Civil procedure) ,PSYCHOLOGICAL criticism ,PAIN - Abstract
Linda Lê’s novelistic works – shaped by several conflicting influences – reveal a problematic cultural identity, and her conflicting points of view nourish a rebellious writing style, as dazzling in its metaphorical and dreamlike fluidity as is the daze it can inspire. This article deals with the ambiguities deriving from the quest for identity unfolding through the texts inspired by the suffering born from the exile that led the author to declare in an interview: «I have the impression of carrying in me a dead body. It is surely Vietnam that I carry as a dead child». This outstanding piece of work is a testament to the psychological difficulties upon which writings of migrant authors often reflect. Focusing on the trilogy devoted to the death of her father, composed of the three novels: Les Trois Parques; Voix, une crise; Lettre morte, the article aims to enlighten the path of writing through which real resilience is achieved by the novelist, in order to finally be able to mourn, to overcome the dilemma of not being able to return to the native country, by opening up to new ways of finding her identity instead of having to make amends with the painful past and trying to be reborn under the auspice of a conciliating tone. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
34. Governare l'odio: Pace e giustizia criminale nell'Italia moderna (secoli XVI–XVII).
- Author
-
Figliulo-Rosswurm, Joseph
- Subjects
- *
CONCILIATION (Civil procedure) , *NONFICTION - Published
- 2023
- Full Text
- View/download PDF
35. (20-051) Yarranabbe Property Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 122
- Author
-
Woffenden, Ellen
- Published
- 2020
36. CONCILIATION IS MODERN NECESSITY FOR DEVELOPING EGYPTIAN LEGAL SYSTEM.
- Author
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Ghanem, Mohamed Abdelnaby Elsayed
- Subjects
- *
CONCILIATION (Civil procedure) , *JUSTICE administration , *LEGAL judgments , *LEGAL procedure ,EGYPTIAN politics & government - Abstract
Judiciary represents the only way for settling all kinds of disputes in a modern state. The ability of judiciary to settle disputes in a reasonable and acceptable time has become endangered owing to the complication in ways of life and the increasing and overlapped disputes. Consequently, the problem of slow pace of litigation and that of inefficiency of judgments have arisen. These two phenomena are too dangerous and threaten justice. Further; they strip the right of litigation guaranteed by constitution of its value. The phenomenon of slow pace of litigation is considered one of the most important topics which researchers should care. This research has affirm belief that the right of litigants and enabling individuals to practice it and facilitating it is considered the first step of the way of social and economic establishment of all individuals in Egypt.[5]. The first supposition of justice necessitates and guarantees the right of citizens to resort to their usual judge to prevent the aggression on their rights, freedom and what can lead to getting their judicial equity within a reasonable period without unreasonable delay. It is not enough to mere state whether in constitution or law, the right of persons to resort to his judge in his suitable time. It is a must that the litigants should feel that justice is within reach and this cannot be attained except one can get his right in the least time and in the least expenses. Justice is not only conveying the right to its owner but also conveying it on two conditions: (1) in the nearest chance. (2) in the best way, namely, this must be done easily and without difficulties along with a period of time enough for preparing means of defense.[3],[7]. The delay of litigation procedures for feeble reasons leads to losing the right of citizens and making those whose rights have been devoured resort to violence instead of using legal ways which can last for years. The delay of justice is not only a kind of aggression which can be more difficult and painful than losing the dispute or depriving the right of litigation but also denying it. So, it is said that: "Justice delayed, justice denied."[4],[9]. In fact, the right of litigation loses every value and effect with the increase of the phenomenon of slow pace of litigation. It is a nonsense to state the right of litigation and meanwhile complicate the procedures followed by the litigant to reach his right in a way that prevent the individual to resort to his judge, according to what is stated in the explanatory note for the Egyptian Civil and Commercial Procedural Law No. 13 of 1968 and, thereby, gets lost in procedural mazes and superficial aspects. As a result his dispute lags in courts of jurisdiction and makes him divert from his lawsuit for being unable to exert more physical and psychological effort after going to the court again and again for reasonable or unreasonable delay and facing necessary or useless procedures and administrative complications which he cannot solve or find no outlet for them. So, he prefers safety and returns from the march of judiciary with a broken heart leaving behind his right to be devoured by procedures or for the interest of his opponent. It is truly said that "it is not by anyway a just affair that comes too late and if it happened, it is, then, nearer to aggression. Also, it is not a just case which puts burdens on the shoulders of that taking refuge to it or looking forward to it.". It has been taken for granted that getting the judicial protection in the courts of justice regulated by the state takes a long time, suffering and perseverance which surpass all endurance. That is because disputes before the courts of state are characterized by slow pace of litigation, complication, evasion and delay rather than being an effective way of getting rights. That is because of the malpractice of the texts of law that guarantee the rights of the defense for the parties of litigation. It has become good for that who procrastinates to let his litigant resort to judiciary. It has been deeply stated in the minds of people that the best way to end one's right is to resort to the court. From this point, Alternative Dispute Resolution have become of great importance as they are characterized by the simplicity of procedures decreasing the pressure thrown on courts, lessening the burdens on judges and settling the disputes as quick as possible without any precautions as they depend on compromise. Further, these ways can be adapted to suit our judicial reality. Owing to these meanings and saving both the time and effort of the parties of administrative, commercial and civil disputes arising between the ministries and public judicial persons and between the employees of these ministries and the other legal personalities and what may result in lessening the burden thrown on the judges owing to the decreasing number of disputes heard in courts, the project of law prepared the entity which originates a new mechanism to conciliate between the disputed parties represented in committees headed by one of the present or previous judges or judicial panels. So, the legislator has taken the lead and originated alternative mechanisms other than judiciary which can give judgments in the disputes that may arise between the administration bodies including its officials and the other individuals and the judicial persons to conciliate between the two disputed parties before resorting to judiciary to make things easy for those having rights and to lessen the pressure on courts to make courts ready for big cases to avoid the slow pace of litigation and achieving a just and quick justice.[1],[2]. As a result, the legislator originated a new mechanism to settle the disputes in which the ministries and the legal persons are a party of them via committees whose task is to conciliate between the two parties of the dispute which is a matter which achieve the interests of the citizens and contributes to decreasing the number of cases and disputes presented before judiciary bodies. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
37. Neutral evaluators or testimonial connoisseurs? Valuing and evaluating reconciliation in post‐genocide Rwanda.
- Author
-
Eramian, Laura
- Subjects
EVALUATORS ,GENOCIDE ,RECONCILIATION ,CONCILIATION (Civil procedure) - Abstract
Copyright of Social Anthropology / Anthropologie Sociale is the property of Berghahn Books 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.)
- Published
- 2019
- Full Text
- View/download PDF
38. AUSTRALIA AND TIMOR-LESTE CONCILIATION AND MARITIME BOUNDARY TREATY.
- Author
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Kaye, Stuart
- Subjects
MARITIME law ,UNITED Nations Convention on the Law of the Sea (1982) ,CONCILIATION (Civil procedure) - Published
- 2019
39. A juridical and legal study of examples of emergent contracts concluded in the form of compromise contracts.
- Author
-
Shoghlabad, Ebarhim Kargari, Dadashnezhad, Davood, and Baqizadeh, Mohammad Javad
- Subjects
CONCILIATION (Civil procedure) ,JURISPRUDENCE - Abstract
Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores 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.)
- Published
- 2019
40. „I have experienced only advantages.": Ein Interview zum Thema Scholar-Practitioner-Profile mit Prof. Dr. Moti Mironi, Israel.
- Subjects
MEDIATION ,PUBLIC sector ,LABOR disputes ,CONCILIATION (Civil procedure) - Abstract
An interview with professor at the Law Faculty of Haiffa University and practicing mediator, Moti Mironi is presented When asked about involvement in the field of mediation, he refers to contract negotiation in the public sector. He expresses his views on the mediation in labor disputes in the U.S. and conciliation service.
- Published
- 2019
- Full Text
- View/download PDF
41. Zustimmungsgesetze und Vermittlungsausschuss: Verfahrensfehler können zur Nichtigkeit führen!
- Author
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Hey, Johanna
- Subjects
TAX administration & procedure -- Government policy ,CONCILIATION (Civil procedure) ,MEDIATION policy ,BUSINESS tax policy ,TAX laws -- Interpretation & construction - Abstract
The article examines the need of regulations to clarify the limits of competence of the Conciliation Committee in Germany and reports the frequency of mediation procedures in tax legislative procedures in purview of the Körperschaftsteuergesetz (KStG) 1999 German corporate income tax law. Topics discussed include limits of competence of the mediation committee and consent laws; and the mediation committee procedure for the tax adjustment law.
- Published
- 2019
- Full Text
- View/download PDF
42. EVIDENCE AND FALLIBILITY.
- Author
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DiPaolo, Joshua
- Subjects
- *
EVIDENTIALISM , *FALLIBILITY , *CONCILIATION (Civil procedure) , *EPISTEMIC logic , *MONOTONIC functions - Abstract
The "Evidentialist Dictum" says we must believe what our evidence supports, and the "Fallibility Norm" says we must take our fallibility into account when managing our beliefs. This paper presents a problem for the Evidentialist Dictum based in the Fallibility Norm and a particular conception of evidential support. It then addresses two novel Evidentialist responses to this problem. The first response solves the problem by claiming that fallibility information causes "evidence-loss." In addition to solving the problem, this response appears to explain what's wrong with certain illegitimate dismissals of misleading evidence. However, this explanation opens it up to objections. Next, I consider and pose challenges to an Evidentialist strategy that attempts to solve the problem by converting accounts of fallibility's epistemic significance for rational belief into principles of evidential support. I conclude by sketching a solution that allows us to capture what's true in the Evidentialist Dictum and the Fallibility Norm. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
43. Involucrados dentro de lo posible: Conciliación trabajo-paternidad de padres primerizos chilenos.
- Author
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Pavicevic, Yanko and Herrera, Florencia
- Subjects
FATHERS ,FATHERHOOD ,CHILD care ,CONCILIATION (Civil procedure) ,EQUALITY - Abstract
Copyright of Revista Austral de Ciencias Sociales is the property of Facultad de Filosofia y Humanidades, Intituto de Ciencias Sociales, Universidad Austral de Chile 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.)
- Published
- 2019
- Full Text
- View/download PDF
44. The Commission for Conciliation, Mediation and Arbitration (CCMA) and Alternative Dispute Resolution (ADR) in labour relations in South Africa: an appraisal of efficacy and challenges.
- Author
-
RAPATSA, Mashele
- Subjects
CONCILIATION (Civil procedure) ,DISPUTE resolution ,INTERNATIONAL relations ,INDUSTRIAL relations ,BARGAINING power - Abstract
The Labour Relations Act 66 of 1995 provides that Alternative Dispute Resolution (ADR) is predicated on providing less complex statutory processes within which labour disputes may be expeditiously and cost effectively resolved. Has or is this fundamental objective being realised? This article proffers a critical disposition of the realities besieging South Africa's prime institution of labour dispute resolution, the Commission for Conciliation, Mediation and Arbitration (CCMA), whose establishment brought about high expectations in terms of normalising systems of labour dispute resolution, and ushering in employee-friendly employment relations. It has been observed that although the CCMA provides simplified labour dispute processes, majority of workers still struggle to achieve a practical realisation of the intended ADR benefits, largely owing to low literacy levels and the skewed bargaining power which is still slanted towards employers. Employers still wields the determining power at both conciliation and arbitration stages, and are better placed to manipulate a conciliation outcome due to technical knowledge of labour laws and the power of record keeping, against employees, who often are the disadvantaged proletariat with limited or no skills or training in labour relations. Further, the arbitration process still manifests some elements of adversarialism, which favours the resources-rich employers. [ABSTRACT FROM AUTHOR]
- Published
- 2018
45. Recognition and Epistemic Injustice in the Epistemology of Disagreement.
- Author
-
Lougheed, Kirk
- Subjects
- *
EPISTEMIC logic , *JUSTICE , *CONCILIATION (Civil procedure) , *OPPRESSION , *CULTURAL imperialism - Abstract
The article focuses on concept of ‘Epistemic injustice' concerns the process of credibility conferral upon knowledge claimants. The contention is that individuals belonging to marginalised or underprivileged groups may suffer from a lack of credibility when they deserve to be counted as credible knowers. The article adds problem confined to epistemology, it also resonates with debates in justice theory and epistemic injustice to cultural forms of oppression, in this case ‘cultural imperialism'.
- Published
- 2018
- Full Text
- View/download PDF
46. Conciliation and Arbitration: Dispute Resolution Mechanisms in Bangladesh's Industry.
- Author
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Thakur, Sazeeda Johora
- Subjects
CONCILIATION (Civil procedure) ,ARBITRATION & award ,DISPUTE resolution ,LABOR laws ,LABOR disputes - Abstract
Purpose. This paper examines the different mechanisms used in Bangladesh to solve employment disputes, e.g. conciliation and arbitration, which are devised to maintain peaceful relationships between employer and employee. Design/methodology/approach. Research draws on legislation - i.e. the 2006, 2013, and 2015 versions of the Bangladesh Labour Act - and other documentation - e.g. conference papers and reports on Bangladesh. Findings. Overall, the paper points to the successful incorporation of different dispute resolution mechanisms, yet singling out those sectors where the use of conciliation and arbitration should be given careful consideration to prevent possible negative consequences. Research limitations/implications. The paper looks at the effectiveness of solving labour disputes through alternative settlement procedures prior to the involvement of national employment tribunals. Originality/value. The originality of the paper lies in its practical approach, as it looks at Bangladesh's both legislation and reports. Paper type. Research paper. [ABSTRACT FROM AUTHOR]
- Published
- 2018
47. Strong Medicine: Fighting the Sexual Harassment Pandemic.
- Author
-
DAVIS, KENNETH R.
- Subjects
SEXUAL harassment ,HOSTILE work environment ,HUMAN sexuality & law ,WORK environment ,CONCILIATION (Civil procedure) - Abstract
The article discusses the issue of sexual harassment in the workplace and how to effectively prevent it. Also cited are the provisions of the U.S. sexual harassment law, particularly its prevention of employer to deploy a worker to a hostile work environment, how the focus on litigation and conciliation have failed to reduce workplace harassment, as well as some cases like Meritor Savings Bank v. Vinson, Oncale v. Sundowner Offshore Services, Inc., and Burlington Industries, Inc. v. Ellerth.
- Published
- 2018
48. Conciliation and its failure, 1861-1862.
- Author
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Grimsley, Mark
- Subjects
- *
AMERICAN Civil War, 1861-1865 , *CONCILIATION (Civil procedure) , *NINETEENTH century , *HISTORY - Abstract
Examines the United States government's conciliatory policy towards Southern civilians during the American Civil War in 1861-1862. Strains on the policy's implementation; Lack of coherent strategic purpose; Coaxing Southern civilians back to their former allegiance to the United States; Erosion of support for the Confederate government; Slave power conspiracy; Guerrilla activity encountered by Union troops.
- Published
- 1993
- Full Text
- View/download PDF
49. The Conciliation Court Conundrum: Minnesota's system has many virtues. Procedural consistency isn't one of them.
- Author
-
ERNSTON, COURTNEY
- Subjects
CONCILIATION (Civil procedure) ,MEDIATION ,DISPUTE resolution ,DIVORCE ,LEGAL self-representation ,CROSS-examination - Abstract
The article discuss the wrench that has been thrown into an already stressed system and Conciliation court offers a dispute resolution process for people pursuing small claims without forcing them to hire an attorney. It mentions Conciliation courts have become increasingly popular venues for divorce mediation. It also mentions pro se litigant be expected to know how to cross-examine a witness or introduce evidence if the judge decides on the mini-trial format.
- Published
- 2020
50. GST in the AAT
- Author
-
Frost, Stephen
- Published
- 2011
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