Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 17 of 17 for “"Mediation and arbitration"”.
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Legal representation at the commission for conciliation mediation and arbitration
… at the Commission for Conciliation, Mediation and Arbitration was initially not recognized in South Africa as it was not recognized by the Roman Dutch Law in respect of administrative tribunals. This right was gradually introduced into administrative tribunals although exercisable …
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Providing a Blueprint for Kuwaiti to Promote Alternative Dispute Resolution (Mediation and Arbitration) for Commercial Disputes to Improve the Kuwaiti Economy
… litigation is a difficult, time-consuming, and costly endeavor, whereas less-adversarial dispute resolution methods such as mediation and arbitration, promote conflicting parties to be more resilient and to explore ideas through discussion and exchange. Developed countries commonly practice …
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Alternative dispute resolution in Intellectual Property Law: a growing need for a viable alternative to court litigation
… litigation has become expensive, time consuming, and poor decision making has led to unpredictable and inconsistent results. This paper explores the possibility of using alternative methods, such as mediation and arbitration, to resolve complex IP disputes. The paper critiques modern judicial …
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A comparison of the South African and Swaziland's labour market regulatory systems in dispute resolution
… almost intertwined to each other, are however standing on a separate footing. Of late in South Africa, there have been cries for an urgent need to deregulate the labour market in the quest to create more jobs and free the small and medium businesses to participate in the economy without stringent …
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‘When is dismissal an appropriate sanction for misconduct? and who has the last say?’
… Labour history has been marred by confusion and inconsistency in relation to the test to be adopted in determining the fairness of dismissals. This has been so, because there have been two dominant schools of thought, one referred to as the ‘own opinion’ approach, whereby the …
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Assessing the role of local Authority institutions on peasants-pastoralists land use conflict mitigation in Tanzania, a case of Kishapu District
Peasant-pastoralists land use conflict remains to be the most serious resource-use conflict in Tanzania. The study investigated the role of local authority institutions on land use conflict mitigation between peasants and pastoralists in Kishapu district, Tanzania. A case study design was adapted. …
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Assessing the role of local Authority institutions on peasants-pastoralists land use conflict mitigation in Tanzania, a case of Kishapu District
Peasant-pastoralists land use conflict remains to be the most serious resource-use conflict in Tanzania. The study investigated the role of local authority institutions on land use conflict mitigation between peasants and pastoralists in Kishapu district, Tanzania. A case study design was adapted. …
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A critical assessment of the conciliation hearing in Germany and South Africa from a comparative point of view
… labour disputes through conciliation in Germany and South Africa. In a rapidly evolving labour environment, parties have an increased interest in obtaining legal clarity on the outcome of a dispute. Neither employers nor employees can afford delays. Access to justice is essential. An amicable …
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Collective bargaining in the education sector in South Africa: Should this sector be classified as an essential service?
Collective bargaining within public education and limited confidence in the arbitration process has resulted in strike action by educators with adverse consequences on learners. The right to basic education is fundamental and of national importance. Depriving a society the right to basic education …
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Reforming the Approach to Alternative Dispute Resolution in Kenyan Industrial Disputes: A Comparative Analysis
… are an inherent part in any relationship and industrial relationships are not exempt from this. To this end it is important to have a dispute resolution system that ensures efficient and effective resolution of disputes that arise in the course of industrial relationships. Efficient and …
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The judicial review of CCMA awards in South Africa
… practice at the Commission for Conciliation, Mediation and Arbitration (“CCMA”). A right to review the outcome thereof rests with the Labour Court. Prior to the enactment of the LRA an employee had the right to appeal the outcome of the Industrial Court. The appeal process has subsequently …
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The magistrate and the community: summary proceedings in rural England during the long eighteenth century
… worked at a local level in rural communities, and in the role of the rural magistrate at summary level, has been the subject of relatively little attention by historians. More attention has been given to the higher courts, when the majority of plebeian men and women who experienced the law …
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From Sidumo to Dunsmuir the test for review of CCMA arbitration awards
… to identify the test for judicial review of arbitration awards issued by the Commission for Conciliation, Mediation and Arbitration ('CCMA'). Currently, that test is set out in section 145 of the Labour Relations Act 66 of 1995 ('LRA'), read with the Constitutional Court's decision in Sidumo …
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Representation at CCMA tribunal: still a vexed issue
… commented that the Commission for Conciliation, Mediation and Arbitration (hereinafter 'CCMA') were structured in such a manner that it would not be necessary for employees and employers to be represented by legal representatives as they would be able to represent their cases themselves. While …
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Impact of court-annexed mediation in South Africa: a developmental perspective
… was to investigate the impact of court-annexed mediation on access to justice, the efficiency and effectiveness of the justice system, and maximisation of the benefits of court-annexed mediation in South Africa. Alternative dispute resolution has become a recognised approach to dispute …
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The Application Of Insurance As A Risk Management Tool For Alternative Dispute Resolution (ADR) Implementation In Construction Disputes
… days, construction projects have become more and more complex and intriguing. One source of the complexity arises from the large number of parties involved. This is especially the case for large-scale construction projects. Because of such complexity, disputes are almost inevitable and …
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An investigation of the nature of conflict and conflict management strategies involving learners in selected public secondary schools of Lusaka District
This study investigated of the nature of conflict and conflict management strategies involving learners in selected public secondary schools. The study considered learners from Kabulonga and Munali Boys Secondary Schools. The objectives of the study were to; investigate the nature of conflict …