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As part of the recent proposal for a regulation that would overhaul the entire standard essential patents licensing system (SEP Proposal), the European Commission has envisaged a pre-trial mandatory FRAND determination by a conciliator. The paper investigates the relationship between the FRAND determination process under such a proposal and the test developed by the European Court of Justice (CJEU) in Huawei v. ZTE, which represents the current guiding framework for SEP licensing negotiations in the EU. The paper aims at demonstrating that even, if the SEP Proposal were not to displace Huawei, it endorses an anti-injunction approach which is inconsistent with the CJEU's stance and is essentially triggered by the German case law. [ABSTRACT FROM AUTHOR]

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]

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.)

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]

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.

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]

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]

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]

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.)

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]

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.)

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.)

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]

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.)

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]

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]

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]

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]

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]

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.

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]

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]

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.)

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.)

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.

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.

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]

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.)

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]

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'.

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]

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.

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.

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.