Amicable Settlement Research Articles

Forecasting the outcomes of construction contract disputes using machine learning techniques

PurposeThis study aims to develop a predictive model using machine learning techniques to forecast construction dispute outcomes, thereby minimizing economic and social losses and promoting amicable settlements between parties.Design/methodology/approachThis study develops a novel conceptual model incorporating project characteristics, root causes, and underlying causes to predict construction dispute outcomes. Utilizing a dataset of arbitration cases in Türkiye, the model was tested using five machine learning algorithms namely Logistic Regression, Support Vector Machines, Decision Trees, K-Nearest Neighbors, and Random Forest in a Python environment. The performance of each algorithm was evaluated to identify the most accurate predictive model.FindingsThe analysis revealed that the Support Vector Machine algorithm achieved the highest prediction accuracy at 71.65%. Twelve significant variables were identified for the best model namely, work type, root causes, delays from a contractor, extension of time, different site conditions, poorly written contracts, unit price determination, penalties, price adjustment, acceptances, delay of schedule, and extra payment claims. The study’s results surpass some existing models in the literature, highlighting the model’s robustness and practical applicability in forecasting construction dispute outcomes.Originality/valueThis study is unique in its consideration of various contract, dispute, and project attributes to predict construction dispute outcomes using machine learning techniques. It uses a fact-based dataset of arbitration cases from Türkiye, providing a robust and practical predictive model applicable across different regions and project types. It advances the literature by comparing multiple machine learning algorithms to achieve the highest prediction accuracy and offering a comprehensive tool for proactive dispute management.

Evaluating Industrial Dispute Resolution Methods: A Case Study of Bangladesh

Currently, parties involved in the process of industrial dispute resolution prefer alternative dispute resolution (ADR) to the adversarial process which requires an evaluation of ADR to infer how effective it is. Theoretically, the concept of ADR has been originated from the theory of conflict resolution management. Even though ADR has been implemented largely by apparel firms, studies to assess the effectiveness of ADR are scant. To assess the effectiveness of ADR as an industrial dispute resolution method (DRM), the study evaluated seven hypotheses using the Chi-square test and Cramer’s V. Data were gathered from both employers and employees of apparel factories in Bangladesh using two different sets of survey questionnaires. The results showed that employees are more familiar with ADR processes if the companies are run for a long time. It has also been found that the presence of a labor union has been determined to be crucial in the selection of DRMs and workers advocate more for ADR than formal adjudication machinery. The findings of the research are expected to contribute to the dispute resolution process since this study attempted to explore the perceptions of both employees and employers which is instrumental to the amicable settlement of disputes by applying ADR.

Exploring the Practice of Victim-Offender Mediation, to Proceed or Retrieve: The Case of Ghana

In contrast to the State-centred perspective, which is based on criminal jurisprudence and holds that crime is committed against the State rather than the victim, the primary party. Victim-Offender Mediation (VOM), also known as restorative justice or transformative justice, aims to resolve some criminal offenses amicably. It appears the State is ignoring the victim's needs, restoration, interests, fears, and desires in order to proceed with the prosecution as it sees fit to settle its disputes in the strict criminal justice system. Outcomes sometimes appears unsatisfactory to victims, offenders, families, and the public. The paper conducts a theoretical and historical examination of VOM from a global as well as a Ghanaian viewpoint. Despite a few minor difficulties, it notes that VOM has been embraced by many states all over the world because the benefits far outweigh the drawbacks. Additionally, it has been noted that Ghana's judicial system supports the use of VOM. In particular, the Courts Act, 1993, the Alternative Dispute Resolution Act, 2010, and the Court- Connected ADR Practice Manual, 2010 call for the encouragement, promotion, and facilitation of amicable settlements of offenses that do not amount to felonies and do not qualify as serious offenses. The practice of VOM in Ghana has not only helped victims receive restorative justice and emotional healing, improving access to justice for the poor and vulnerable, but has also contributed to reducing the load and pressure of cases placed on the courts, which causes the wheel of justice to turn grind slowly. As a result, rather than eliminating VOM in Ghana, efforts must be made to strengthen and institutionalize it.

Growth of Alternative Dispute Resolution Method in The Legal System

Alternative Dispute Mechanism is viewed as the most significant and critical perspective in present day time of dispute settlement. It is an old peculiarity and technique to determine the questions through amicable settlement. It will assist with settling the debate without meddling by unbending court method and conventions. ADR component demonstrate exceptionally helpful, essential and more successful in commercial and civil dispute. The complicity of business and common questions can undoubtedly oversee through the ADR without meddling by details and complex methodology of regulation. The non-intercession by supporters and court will make it more powerful instrument for question settlement. It might consider as elective technique for equity conveyance framework in India. In this exploration paper the specialist will attempt to examination the ADR framework is elective strategy for dispute settlement and way for the Alternative mechanism of existing complex legal framework. The examination will be contended with a goal to investigate the concentrate between the ordinary strategy versus ADR technique for debate settlement and will close by giving a few viable arrangements that ADR is considered as an essential choice in settlement of questions.

Amicable settlements for civil and commercial disputes: a comparative study of Emirati and Egyptian legislations

Amicable settlements for civil and commercial disputes: a comparative study of Emirati and Egyptian legislations

Increasing Knowledge of Law Students of UMN Al-Washliyah Medan on Visum Et Repertum

In the process of investigating cases involving the life of a person, investigators generally ask for help from experts, such as doctors in the form of information called visum et repertum. Good cooperation between the police/investigators and doctors/forensic experts has been established for a long time and continues to work hand in hand to enforce justice for both victims and suspects. Often peace or amicable settlements are unsuccessful, while evidence has been lost due to the healing process. So that at this time when a visa is requested, the results of the examination are not in accordance with the actual crime so that the victim will be disappointed with the court's decision. The role of the investigator is very much expected to explain the intent and purpose of the victim's examination by the doctor to make a visum et repertum so that the public will understand the importance of the Visum et Repertum which is valid evidence. Therefore, socialization is needed in the form of counseling with the topic of visum et repertum. The activity was carried out on FH UMN Al-Washliyah students with lecture and question and answer methods, then an evaluation of success will be carried out with a pre-test before counseling and post-test after counseling. The activity was attended by 118 people with the results of the pre-test (mean score of 61), and post-test (mean value of 82), which means that there was an increase in students' understanding of the visum et repertum after counseling.

Discretion as Alternative Resolution of Criminal Act of Domestic Violence at Jayapura

This research is aims to examine in depth on the application of the discretion which is done by the police officers on handling domestic violence in Jayapura and the obstacles which encountered. The method which is used in this research is normative legal research which is supported by empirical legal research. The result of this research found that there’s 6 cases of domestic violence at Jayapura which were resolved through criminal justice process and the victim didn’t withdraw their report. Facts revealed there were 13 cases of domestic violence which were resolved through reconciliation by restorative justice. Amicable settlement is the best alternative to protect the wife and children from the threat of the husband’s anger and revenge after serving a sentence. The officials use restorative justice as the discretion choice on settle the domestic violence cases. The obstacle which experienced by the victim and the perpetrators have a different reason. A settlement of the case through the criminal court or reconciliation has been agreed by both parties as the best solution for the future. Even though it is impacting on the punishment of the perpetrator, or a divorce is happened, both parties have considered the consequences of the solution which chosen.

Investor-State Dispute Settlement Mechanism in Vietnam’s New Generation Free Trade Agreements: Challenges and Recommendations

In the recent years, Vietnam's attraction to foreign investment capital has increased rapidly. As a result, the disputes in the field of foreign investment have emerged more frequently. The fact that a dispute occurs between the government of the host country and a foreign investors, regardless of its cause, will bring adverse consequences to both parties. Amicable settlement of such disputes is an important factor to improve the efficiency of foreign investment, maintaining the trust between the host country and foreign investors. Therefore, stipulating commitments on the dispute settlement mechanism for international investment in multilateral free trade agreements such as Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Vietnam - EU Investment Protection Agreement (EVIPA), and Regional Comprehensive Economic Partnership (RCEP) are indispensable. Therefore, in this context, the paper studies the investor-state dispute settlement (ISDS) mechanism in new-generation free trade agreements to which Vietnam is a member, namely EVIPA, CPTPP, RCEP; accordingly, the paper proposes some recommendations to Vietnam.

Evolution of Alternative Dispute Resolution in India: Stepping to Effective Justice System

Alternative Dispute Mechanism is considered the most important and significant aspect in modern period of dispute settlement. It is an old phenomenon and method to resolve the disputes through amicable settlement. It will help to resolve the dispute without interfering by rigid court procedure and formalities. ADR mechanism prove very useful, vital and more effective in commercial and civil disputes. The complicity of commercial and civil disputes can easily manage through the ADR without interfering by technicalities and complex procedure of law. The nonintervention by advocates and court will make it more effective tool for dispute settlement. It may consider as alternative method of justice delivery system in India. In this research paper the researcher will try to analysis the ADR system is alternative method of dispute settlement and path for the alternative mechanism of existing complex judicial system. The research will be competed with an objective to explore the study between the conventional method vis-a-vis ADR method of dispute settlement and will conclude by providing some effective solutions that ADR is considered as a primary option in settlement of disputes

Multi‐tiered dispute resolution clauses in engineering contracts: A Jordanian legal perspective

AbstractThis study delves into the intricacies of the multi‐tier dispute resolution clause in engineering contracts, particularly within the Jordanian legal system. The multi‐tier dispute resolution clause has evolved from a traditional arbitration clause into a more comprehensive approach, reflecting the complexities of modern contractual relationships. The study employs a doctrinal or library‐based methodology involving a comprehensive review of relevant legal texts, statutes, regulations, and case law. The multi‐tier dispute resolution clause is defined as a contractual clause that stipulates the existence of different stages, each involving separate procedures, to address disputes and seek to resolve them. The study also examines the mandatory nature of the multi‐tier dispute resolution clause and the procedural defense based on an arbitration clause. The study concludes that following the sequence outlined, the multi‐tier dispute resolution clause should be binding. This necessitates the Jordanian legislator's intervention to establish a legislative framework that empowers decisions made by the Dispute Adjudication Board (DAB) or Dispute Avoidance/Adjudication Board (DAAB) to achieve the goals of multi‐tiered dispute resolution clause. It also calls for an amendment to Article (109) of the Civil Procedure Law, allowing procedural defense based on the Multi‐Tiered Dispute Resolution Clause, not limiting it to the arbitration clause, even if arbitration is not one of its tiers. This power should also extend to amicable settlements to ensure the proper implementation of the steps under the multi‐tiered dispute resolution clause.

Amicable Settlements: A Comment on Guideline 13(2)(v) of the Revised Guidelines for Consideration of Communications and Monitoring Implementation of Decisions by the African Committee of Experts on the Rights and Welfare of the Child

The African Committee on the Rights and Welfare of the Child (African Children’s Committee) is mandated to monitor the implementation of the African Charter on the Rights and Welfare of the Child in Africa (African Children’s Charter). The African Children’s Committee has developed Revised Guidelines for Consideration of Communications and Monitoring Implementation of Decisions by the African Committee of Experts (RCG) which provide for amicable settlements. This contribution argues that the implementation of amicable settlements presents gaps that do not reconcile the substantive aspects on the one hand and the procedural on the other, in terms of practical implementation. This contribution contextualises the use of amicable settlements in international law and evaluates their use by the African Children’s Committee. The comment examines the application of Guideline 13(2)(v) and its consequential implications and it is proposed that it should be revisited to distinguish between the substantive and procedural aspects of the amicable settlements and how they should be handled to their logical conclusion.

Legal Protection Of Consumers Related To Breach Of Business Performance

. Losses suffered by customers can come from unlawful acts of producers or the existence of a valid contractual relationship between producers and consumers. This study uses an analytical method with an empirical juridical approach or legal sociology, which is an approach to the problem by reviewing the regulations that have been enforced in society as positive law with its implementing regulations including its implementation in the field. Law No. 8 of 1999 concerning Consumer Protection and the Decree of the Minister of Industry and Trade mentions the Dispute Settlement Agency. Based on the explanation of UUPK article 45 paragraph (2) the settlement of consumer disputes as referred to in this paragraph does not rule out the possibility of an amicable settlement by the parties to the dispute. At every stage, efforts are made to use a peaceful settlement by both parties to the dispute. Based on the provisions of Article 45 paragraph (2) UUPK linked to the explanation, consumer dispute resolution can be carried out in the following ways: 1) Peaceful settlement by the parties to the dispute without involving a neutral court or third party; 2) Settlement through court; 3) Settlement out of court through the Consumer Dispute Settlement Agency. In liability based on a default, the obligation to pay compensation is none other than the result of applying the provisions of the agreement, which are legal provisions that both parties voluntarily comply with based on the agreement.

Адвокат и мирное урегулирование споров

The article is devoted to the analysis of some norms of the legislation and the Code of Professional Ethics of a Lawyer related to the amicable settlement of disputes and applied by a lawyer both in the provision of legal assistance and in the case of bringing the lawyer to responsibility.

ASSESSING THE AWARENESS OF PACIFICATION COMMITTEES' STRUCTURE AND FUNCTION AMONG BARANGAY OFFICIALS AND CONSTITUENTS: GROUNDWORK FOR A SPECIALIZED TRAINING PROGRAM

This study analyzes the level of awareness of the barangay (the smallest administrative division in the Philippines) regarding the Lupong Tagapamayapa, an informal justice system established under the Local Government Code (Republic Act No. 7160). The study is situated in selected barangays in the third district of Cagayan, and was motivated by observations of a low awareness level and adherence to the Lupong Tagapamayapa provisions in one such barangay. The research used a descriptive research design to collect, present, and describe data concerning the current status of the Lupong Tagapamayapa. A researcher-made structured questionnaire with a 5 point-likert scale, based on the mandates in Sections 399 to 422 of the Local Government Code, was administered to participants after validation by research experts. Data collected was analyzed using both descriptive and inferential statistics. The study concludes that that the members of Lupong Tagapamayapa and constituents display a very high level of awareness about the structure, functions, and procedures of the committee. The committee members are well-versed with the requirements for their roles, the importance of their residency, their terms of office, the regulations regarding termination of membership, and the procedures for amicable settlement. The constituents have demonstrated significant awareness of the Lupon's creation, terms of office, vacancies, administrative supervision, subject matter for amicable settlement, and the procedure for such settlements. However, certain areas like the provision regarding a Lupon member's change in workplace and the timeframe for protesting a settlement require more attention and awareness. Based on the findings, an enhanced training program must be implemented. While the members of the Lupong Tagapamayapa are generally well-informed, there are areas, such as the implications of changing one's place of work and the process following resignation, that could benefit from further training and orientation.

An Assessment of the Effectiveness of Alternative Dispute Resolution Methods

This study assesses the effectiveness of Alternative Dispute Resolution (ADR) practices in projects run under the Department of Roads of Nepal government. Secondary data from case studies and primary data from questionnaire and key informant interviews are analysed in view of the decisions regarding the use of ADR in settlement of road project cases. The research uses a descriptive method in the assessment. Out of eight (8) projects, disputes related to four (4) were settled by litigation based on ADR (Adjudication and Arbitration) decision, one was sent for the reformation of arbitration by court/litigation and three (3) were awarded by ADR (Arbitration) but remained pending in the settlement process by litigation till 14 May 2022. Negotiation (i.e. amicable settlement) is the most applied ADR to resolve the disputes followed by Conciliation, Mediation and Adjudication. Arbitration is used as the last stage of ADR due to its high legal value in spite of the high time and cost. The study is significant for professionals to overcome the identified causes effectively to create zero-dispute projects by handling the issues in real time.

TINJAUAN YURIDIS PERLINDUNGAN HUKUM PENGGUNA JASA TRANSPORTASI UMUM KHUSUSNYA TAKSI MENURUT UNDANG-UNDANG PERLINDUNGAN KONSUMEN

According to the Consumer Protection Act " In this thesis consists of 2 (two) sub-problems namely, (1) What is the form of responsibility of the Driver and the Lombok Transportation Company Taxi if there is an accident on the passenger? (2) What is the legal remedy that can be taken by passengers at the Lombok Taxi Transportation Company for accidents suffered by passengers? To solve these sub-problems, the data collection method is used which is sourced from document studies and interviews.The results of this study indicate that: (1). The responsibility of the taxi company towards taxi service users starts from the transport of passengers to the agreed destination. Business operators are obliged to provide compensation for consumer losses due to accidents suffered by passengers. In carrying out its responsibilities, the Company and the driver have provided medical and maintenance costs. (2) What legal remedies are taken by passengers at the Lombok Taxi Transportation Company for accidents suffered by passengers, carried out through court (non litigation) and through court (litigation). Dispute resolution through out of court, carried out amicable settlement. If the peace route is not reached, then if one party and or the parties are not satisfied, they can file a lawsuit in the district court in the general court environment.

Baseball Arbitration as a Suitable Alternative for Construction and Real Estate Disputes

Baseball Arbitration (or Final Offer Arbitration (FOA)) is a dispute resolution mechanism to resolve controversies where each party submits a final offer. The arbitral tribunal must then decide by picking only one of these proposals. Given the arbitrators’ powers’ limitations, these proceedings are usually shorter and less expensive than traditional dispute resolution mechanisms. In addition, contrary to conventional arbitration, parties tend not to assume unrealistic or extreme positions, which could promote amicable settlement since it is an all-or-nothing proceeding. FOA could effectively resolve monetary disputes in industries where parties seek to preserve the commercial relationship while avoiding unnecessary delays. Therefore, Baseball Arbitration could be advantageous in the construction and real estate sectors. However, most arbitral institutions do not have specific rules for conducting Baseball Arbitration proceedings. This article proposes a model clause for parties wishing to submit their disputes to FOA. In our proposal, the arbitrator will receive the parties’ final offers and then issue its reasoned award, asserting the rationale to choose one offer over the other. Arbitration, Baseball Arbitration, Final Offer Arbitration, ADR Mechanisms, Construction Disputes, Construction Arbitration, Real State Disputes, Real Estate Arbitration, Model Clauses

THE ROLE OF MEDIATION AS A FORM OF AMICABLE SETTLEMENT PRIOR TO ARBITRAL PROCEEDINGS UNDER BANI ARBITRATION CENTER RULES AND PROCEDURES

In the matter of dispute settlement, there are various forms which can be pursued other than litigation. These methods are generally referred to as alternative dispute resolutions or ADR. Alternative dispute resolutions are typically classified as negotiation, mediation, conciliation and arbitration. This paper in particular will further discuss mediation and the responsibility it possesses as a form of amicable settlement before advancing to arbitral proceedings. Several arguments and insight will be presented based on existing arbitration regulations in order to further evaluate how arbitral proceedings progress as well as the role of mediation as a preexisting condition prior to an arbitration. The research method used in this paper is judicial normative research which will focus on the existing regulations, in particular their validity and enforceability. Furthermore, the statutory approach utilized in this article is applied with a literature review to enhance the discussions further elaborated. The author concludes that an arbitration is the last resort while a mediation, as an alternative dispute resolution, will provide a win-win solution.

No-challenge and pay-for-delay agreements in patent licence and settlement agreements under European competition law

... In a world that seems to grow increasingly litigious and complex, one can hardly deny the benefits of amicable settlements. At the very least, such settlements lessen the burden on infringement and validity courts. However, any kind of agreement relating to the validity and/or enforceability of a patent goes to the heart of the relationship between IP and competition law. In the European Union those agreements have to be reviewed carefully under Article 101 of the Treaty on the Functioning of the European Union (TFEU), to evaluate whether they are compatible with the internal market and do not in any way encumber research and development (R&D), by overextending the temporarily limited monopoly granted by a patent in exchange for the disclosure of an invention. Accordingly, any agreement limiting or prohibiting a party from challenging a patent or providing for a de facto extension of the 20-year monopoly right granted by a patent entails by nature a potential conflict with antitrust. Since patent and antitrust law coexist and both serve legitimate interests, the tension between them is intentional and finding the right balance serves the purpose of driving technological development and fostering technological progress.

Amicable Settlements for Civil and Commercial Disputes: A Comparative Study of Emirati and Egyptian Legislations

Amicable Settlements for Civil and Commercial Disputes: A Comparative Study of Emirati and Egyptian Legislations