Dispute Handling Research Articles

Resolving disputes in mediated “gig” work: How marketplace structure influences the impartiality of dispute handling by labor market intermediaries

AbstractScholars of work disputes have mostly focused on alternative dispute resolution (ADR) by employer organizations. With the context of work changing, disputes in mediated “gig” work should also be subject to scholarly analysis. To examine factors influencing the impartiality of ADR by labor market intermediaries, we focus on intermediary dispute handlers and the relationships these private regulators have with dispute parties. Building on the ethnography of disputing literature, we uncover how, depending on the structure of their marketplaces, intermediaries may frame their third‐party role differently and influencing the impartiality of their ADR processes. The paper illustrates this point, drawing on fieldwork inside a labor platform and a temporary staffing agency. Existing explanations focus on the promise of impartiality of ADR by an external third‐party. Using interview, observational, and archival data, we analyze third‐party roles in mediated labor markets and posit that impartiality is primarily linked to marketplace structure.

Communication Strategy in Handling Land Boundary Disputes at the Land Office of Lhokseumawe City

This research aims to determine the communication strategy used by the Dispute Control and Handling Section of the Lhokseumawe City Land Office in managing land boundary disputes. The main theories and concepts used are communication strategy, organizational communication, and persuasive communication. This research uses a qualitative approach with a case study method, data collected through observation and interviews with employees involved in handling land boundary disputes. The results of this study found that the Lhokseumawe City Land Office uses a caucus process in its communication strategy in handling disputes, in contrast to the more commonly used direct mediation approach. The stages of dispute handling are in accordance with Hafied Cangara's five-step communication planning model. Analysis of the communication dimensions shows that internal communication occurs both vertically and horizontally through meetings, phone calls, and WhatsApp messages, involving reciprocal exchanges between leaders and employees and between employees. External communication involves the office acting as a facilitator during meetings. Persuasive techniques identified include integration, which involves negotiation, and fear induction, which highlights the potential consequences of unresolved disputes. The implications of this research underscore the importance of structured communication planning and strategy in effective dispute management. The findings suggest that other government agencies may benefit from adopting a similar approach. The use of effective persuasive techniques can improve the efficiency of dispute resolution.

On Legal Improvement of Labor Dispute Handling in the Background of Internet

On Legal Improvement of Labor Dispute Handling in the Background of Internet

A Study on Smallholder Farmers’ Willingness to Sustain Cooperation with New Farmers—Analysis Based on the Perspective of Smallholder Farmers’ Satisfaction

In the context of rural revitalization, it is important to promote the establishment of lasting cooperation between small farmers and new farmers to drive farmers to increase their income and achieve common prosperity. Based on the research data of 342 small farmers in six provinces, the article empirically analyzes the willingness of small farmers to continue cooperation with new farmers in the future from the perspective of satisfaction using an ordered logistic model. The research results show that small farmers’ satisfaction with the benefit linkage model, with the benefit distribution, and with benefit dispute handling positively and significantly influence small farmers’ willingness to continue cooperation with new farmers in the future. For every 1% increase in satisfaction with the benefit linkage model, the probability of continuing to cooperate with new farmers in the future increases by 9.40%, and for every 1% increase in satisfaction with the benefit distribution and satisfaction with benefit dispute handling, the probability of continuing to cooperate with new farmers increases by 7.30% and 9.40%, respectively. Accordingly, this paper puts forward policy suggestions such as respecting the choice of interest linkage model of small farmers, improving the benefit distribution mechanism, and handling cooperation disputes reasonably, in order to improve the satisfaction of small farmers’ cooperation, promote the construction of lasting cooperation between small farmers and new farmers, and build a rural community of interest.

Roles of Dispute Handling Unit in Resolving Labour Disagreements in the Hotel Sector of North Region of Unguja, Tanzania

The study focused on the roles of Dispute Handling Unit in resolving labour disagreements in the hotel sector of Zanzibar . The specific objectives were : To examine the harmonious labour relationship that is created by Dispute Handling Unit in resolving labour disputes in the hotel sector of Zanzibar, to examine the training on labour laws for employers and employees by Dispute Handling Unit in resolving labour disputes, and To examine the influence of timely dispute resolution by Dispute Handling Unit on resolving disputes in the hotel sector of Zanzibar The descriptive research design was adopted. A sample of 152 respondents participated in the study, and data were collected using a questionnaire. The findings found a significant positive relationship among harmonious labour relationship, training of labour laws, timely dispute resolution, and dispute resolving in Zanzibar. However, the study concluded that DHU's creation of a harmonious labour relationship in the hotel sector did not lead to resolving disputes in the Zanzibar hotel sector because the low effort was made by the DHU in harmonious labour relationship in the hotel sector in Zanzibar. Also, it was found that training by DHU on labour laws helped resolve disputes in the hotel sector in Zanzibar because they were not frequently organised, and timely dispute resolution influenced dispute resolution in the hotel sector in Zanzibar. Lastly, the study concluded that there were significant positive relationships among creating a harmonious labour relationship, timely dispute resolution, DHU training, and resolving disputes in the Zanzibar hotel sector.

Fragmented Property Rights and Residents’ Participation in Renovation of Old Communities: Comparative Case Studies in Haikou, China

Insufficient residents’ participation in the renovation of old communities is ubiquitous in urban China. This paper attempts to explain the reasons for this phenomenon. Based on the theory of anti-commons, this research intends to explore how the fragmentation of property rights impedes residents’ participation, and then unravel the mechanism of conflicts and cooperation among various stakeholders in renovation projects. Abundant qualitative data in terms of the situation of property rights were collected by semi-structured interviews from fieldwork on seven renovation projects in Haikou, Hainan Province, China. Then we compared the seven projects to examine the relationship between property rights and resident’s participation. This study shows that characteristics of residents’ participation vary from types of property rights in the renovation of old communities. Residents’ participation can be facilitated by the privatization of property rights, but fragmented property rights tend to impede participation. Meanwhile, administrative obstacles between street offices, residents’ committees, and homeowners’ associations will ebb residents’ motivation for participation. Yet the homeowners’ association plays an important role in dispute handling, which can promote residents’ involvement.

Causes of Hospital Violence, Characteristics of Perpetrators, and Prevention and Control Measures: A Case Analysis of 341 Serious Hospital Violence Incidents in China.

Objective: Hospital violence remains a global public health problem. This study aims to analyze serious hospital violence causes in China and the characteristics of perpetrators. It likewise seeks to understand frontline personnel's needs and put forward targeted suggestions.Methods: Serious hospital violence cases from 2011 to 2020 in the China Judgment Online System (CJOS) were selected for descriptive statistical analysis. A total of 72 doctors, nurses, hospital managers, and security personnel from 20 secondary and tertiary hospitals in China were selected for semi-structured interviews.Results: Of the incidents, 62.17% were caused by patients' deaths and dissatisfaction with their treatment results. Moreover, it was found that out-of-hospital disputes (11.14%) were also one of the main reasons for serious hospital violence. The perpetrators were mainly males (80.3%), and had attained junior high school education or lower (86.5%). Furthermore, most of them were family members of the patients (76.1%). Healthcare workers urgently hope that relevant parties will take new measures in terms of legislation, security, and dispute handling capacity.Conclusion: In the past 10 years, serious hospital violence's frequency in China has remained high. Furthermore, their harmful consequences are more serious. The causes of hospital violence are diverse, and the characteristics of perpetrators are obvious. Frontline healthcare workers urgently need relevant parties to take effective measures in terms of legislation, security, and dispute handling capacity, to prevent the occurrence of violence and protect medical personnel's safety.

Studying the Impact of Factors Affecting Competitiveness in Seafood Export Enterprises: A case in the Mekong Delta, Vietnam

This study aims to explore the factors affecting the competitiveness of seafood exporters in the Mekong Delta by surveying 200 people who are leaders and managers of exporting enterprises seafood exports in the region. The results show that the factors affecting competitiveness are measured by 10 components in order of importance: (1) Research and development capacity, (2) Brand competitiveness, (3) Human resource capacity, (4) Production technology capacity, (5) Business relationship development capacity, (6) Marketing capacity, (7) Management capacity, (8) Capacity price competitiveness, (9) Financial capacity, (10)Commercial dispute handling capacity. The study makes several recommendations to the leaders of seafood export enterprises to improve their competitiveness. References Hoang, T.T. (2011). Improving competitiveness of Vietnamese seafood export enterprises by 2020. Doctoral thesis.  Ho Chi Minh City: University of Economics Ho Chi Minh City. Ministry of Agriculture and Rural Development. (2010). Vietnam Fisheries Development Strategy to 2020. Hanoi. Nguyen, D.T & Nguyen, T.M.T (2008). Research on dynamic competitiveness of Vietnamese enterprises in Ho Chi Minh City. The scientific research topic is mentioned in the Set No. B2007-09-46-TD. Vietnam:  University of Economics Ho Chi Minh City. Porter, M. E. (1980). Competitive Strategy Techniques for Analyzing Industries and Competitors. US: New York Free Press 1980. Porter, M. (1990). National competitive advantage. Ho Chi Minh City: Young Thanh, N.V. (2005). Enhancing the competitiveness of Vietnamese enterprises in the current period", Economic Development Magazine, November issue Quy, P.T. (2005). Policies and solutions to improve the competitiveness of Vietnam's export aquatic products in the process of international economic integration. Research project at ministerial level, MS B2004.38.80

IMPLEMENTATION EFFECTIVENESS OF HOSPITAL RESPONSIBILITY TOWARDS MEDICAL DISPUTE PROCESS AT HOSPITAL X CIBINONG

Medical disputes that are rife in the medical world in Indonesia are a separate burden for medical personnel in carrying out daily practices, where the hospital as a place for medical personnel to work, should be responsible for medical personnel involved in medical disputes. The absence of sufficiently clear regulations governing the responsibility of hospitals in resolving medical disputes, makes medical personnel, in this case, the most disadvantaged part. The purpose of this study is to empirically determine the applicable laws and regulations regarding the responsibility of hospitals in the process of resolving medical disputes and the effectiveness of their implementation. The research method used is qualitative research with case study approach. Data sources are primary and secondary data. The data analysis subjects were informants, namely the director of medical services, the legal department officer and the public relations officer. The analysis tool uses interactive analysis. There were at least 4 laws and regulations related to hospital responsibility for medical personnel and implementation of regulations regarding hospital responsibility towards medical dispute process is 88%. The research found no guidelines for handling medical disputes. This study shows that the laws and regulations related to hospital responsibility and their implementation in the medical dispute resolution process have been implemented. The recommendation to Hospital X Cibinong is to make guidelines on the flow of medical dispute handling and provide education about health law to all hospital staff, especially medical personnel as parties most vulnerable to malpractice suits.

PENYELESAIAN SENGKETA PERTANAHAN MELALUI JALUR MEDIASI (STUDI PADA KANTOR PERTANAHAN KABUPATEN KARAWANG)

Settlement of Land Disputes through Mediation (Studies on Karawang Regency Land). The Karawang Regency Land Office can resolve several cases of land disputes through mediation, but cases are rarely resolved. In this thesis, several issues are raised, namely the role of the Karawang Regency Land Office in resolving land disputes through mediation, the procedure for resolving land disputes through mediation at the Karawang Regency Land Office and what is the success rate of mediation and obstacles in the mediation process at the Karawang Regency Land Office.
 The research method used in this research is a combination of a normative juridical approach with an empirical juridical approach. The normative juridical approach is to collect the necessary literature in the form of books, research journals, internet sites and laws and regulations on mediation, the National Land Agency, then an empirical juridical approach, namely by collecting data which is then taken from the results of interviews with the Head of Dispute Handling Subsection. , Conflicts and Land Cases.
 Settlement of land disputes at the Karawang Regency Land Office through mediation, which acts as a mediator. Settlement of land disputes through several procedures that have been implemented at the Karawang Regency Land Office. The success rate of resolving land disputes through mediation is rarely resolved, this is influenced by several obstacles. After conducting the research, it was concluded that the role of the Karawang Regency Land Office in resolving land disputes through mediation as a mediator was not optimal. Dispute resolution carried out at the Karawang Regency Land Office is carried out in accordance with Technical Guidelines No..05 / Juknis / D.V / 2007 concerning Mediation Implementation Mechanisms and Regulation of the Minister of Agrarian Affairs Number 11 of 2016 concerning Settlement of Land Cases. The success rate of mediation at the Karawang Regency Land Office is very low. This level of success is influenced by obstacles in the mediation process from the disputing parties which brings more emotional feelings, if the disputing parties use the services of a legal attorney, then there are some attorneys who prefer to win cases in court, and the absence of one of the parties in the mediation process.

Alternative Dispute Resolution in SMEs in the Construction Industry in Masvingo Urban, Zimbabwe

Dispute handling may present particular problems for SMEs. The research explored the Alternative Dispute Resolution (ADR) methods used in SMEs and their implications on the performance of SMEs in the construction industry in Zimbabwe. The study revealed that collective bargaining and negotiation are the main ADR methods used in the SMEs while conciliation and arbitration are utilized externally at NEC and the ministry of labour. It was also noted that most SMEs do not have established ADR structures and collective bargaining and negotiation had an impact on employee performance. Collective Bargaining, Conciliation and Adjudication

Chinese Legal Culture and Legal Pluralism in Foreign Commercial Dispute Handling: An Exploratory Analysis

In recent years, China’s ‘Go Global’ policy has encouraged Chinese companies to go abroad to invest; inevitably this increased investment activity has generated a range of tensions and commercial disputes. The legal cultures that have shaped the mind-sets of parties to these commercial disputes will affect the choice of different dispute resolution methods. Recent Chinese investment in Australia has also grown significantly in areas such as mining, agriculture and real estate; as a result of cultural differences, the economic engagement between Australia and China will inevitably involve some degree of negotiation, disagreement and conflict. This leads us to examine the impact that legal culture has on dispute resolution practices found in Chinese companies operating in Australia. This exploratory analysis draws upon theories of globalization and legal culture and discusses Chinese legal culture and its impact on commercial disputes involving Chinese companies operating in Australia.

Classifying Influential Information to Discover Rule Sets for Project Disputes and Possible Resolutions

Public–private partnership (PPP) is a strategy where governments encourage private institutions to financially support public construction projects, by providing proper incentives based on collaboration with private institutions. However, disputes may occur during a contract management. This paper investigates various public–private partnership (PPP) disputes and their critical influential factors for associating fundamental project information and dispute resolutions. In this study, knowledge is extracted from the association rules so that dispute handling patterns can be identified from historical database. Analytical results show that the rule sets achieve 83.92% confidence level. By applying the results in practice, project managers can determine the likely method for dispute resolutions with known project attributes, dispute items, and the phase in which a dispute occurs. This research demonstrates an effective application and valuable reference for early notice of dispute handling methods in public infrastructure projects.

Widows, Family, Community, and the Formation of Anglo-Hindu Law in Eighteenth-Century India

AbstractLate eighteenth-century colonial agrarian and judicial reforms had a direct impact on women from elite and non-elite backgrounds. Informed by British liberal ideologies and upper-caste Brahmanical norms, colonial policies marginalized women's access to, and control over, resources in the emergent political economy. In this article, I reconstruct histories of the ways in which Anglo-Hindu law compromised women's status as heirs, businesswomen, and members of society who wielded social capital with other community groups. Focusing on widows in Banaras who commandeered their property disputes, I illustrate that pre-colonial precedents of case-resolution under the Banaras rulers, and practices of ‘forum shopping’ by disputants themselves, shaped the widows’ approach to the colonial courts. Colonial judicial plans being incommensurable to everyday life, the courts incorporated pre-colonial forms of dispute handling and maintained a flexible approach to the practice of colonial law under the supervision of an Indian magistrate for a period of time. These characteristics made the courts popular among local society in the Banaras region. However, British officials, insistent on applying abstract scriptural laws, aligned customary practice to the dictates of Anglo-Hindu law. This article shows that the narrow legal subject position available to widows under scriptural law reordered their relationships with family and community networks to their disadvantage.

Analysis of the Regulatory Framework for Electronic Money in Sri Lanka: Suggestions for Future Sustainability and Governance

“Electronic Money” which is also known as e-Money or Digital Money is distinguished by definition compared to other forms of electronic usage of money. Stored value or pre-paid products in which the monetary value is stored on an electronic device in the consumer’s possession are considered as electronic money products. Hence, typical debit and credit cards, mobile banking and Internet banking do not fall under e-Money classification. There are no specific regulations or guidelines issued for e-Money in Sri Lanka. Current e-Money operations are mainly governed by Mobile Payments Guidelines No. 1 and 2 of 2011 for Bank-led Mobile Payment Services and Custodian Account Based Mobile Payment Services, respectively. Also, these operations are further impacted by several other regulations in Sri Lanka which are not directly relevant to eMoney. Considering current trends and growth of electronic based transactions and comparing other developed markets, Sri Lanka has the potential of embracing electronic money products. Therefore, it is pertinent for Sri Lanka to develop specific legislations and directions for electronic money.This paper presents a detail analysis of applicable existing local regulations and selected international standards practiced in developed eMoney markets such as Europe, Japan, Hong Kong, and Kenya. Gap analysis for local regulation was conducted in comparison to the summarized international best practices and suggestions were developed in order to address them. As the final artifact of the paper, a framework covering the regulations with eight key aspects covering definitions, eligibility for issuers and process of approval, authority and their powers, customer onboarding and due diligence, consumer and merchant protection, operational guidelines and restrictions, dispute handling and legal framework, technology mandates and interoperability were developed and the operational regulatory process with five main components covering continuous monitoring and improvements were proposed for Electronic Money Regulations in Sri Lanka for Future Sustainability and Governance.

On the retention and revision directions of the Regulations on Handling of Medical Malpractice

The authors discussed the retention and revision of the Regulations on the Handling of Medical Malpractice following the enforcement of the Tort Liability Law.These discussions also covered the amendment of the concept of medical malpractice,and the reforms to make on the medical malpractice appraisal system built upon the Regulations following the enforcement.In the meantime of applying the Law to judge cases of medical malpractice,the Regulations as an administrative regulations issued by the State Council,should be revised before playing its role in preventing medical malpractice,medical dispute handling,and penalising medical institutions and medical workers of malpractice. Key words: Medical damage liability; Tort Liability Law; Regulations on Handling of Medical Malpractice; Judicial expertise; Medical malpractice

Comparison of multilabel classification models to forecast project dispute resolutions

Early forecasting of project dispute resolutions (PDRs) provides decision-support information for resolving potential procurement problems before a dispute occurs. This study compares the performances of classification and ensemble models for predicting dispute handling methods in public–private partnership (PPP) projects. Model analyses use machine learners (i.e., Support Vector Machines (SVMs), Artificial Neural Networks (ANNs), and Tree-augmented Naïve (TAN) Bayesian), classification and regression-based techniques (i.e., Classification and Regression Tree (CART), Quick, Unbiased and Efficient Statistical Tree (QUEST), Exhaustive Chi-squared Automatic Interaction Detection (Exhaustive CHAID), and C5.0), and combinations of these techniques that performed best for a set of PPP data. Analytical results exhibit that the combined technique of QUEST+CHAID+C5.0 has the best classification accuracy at 84.65% in predicting dispute resolution outcomes (i.e., mediation, arbitration, litigation, negotiation, administrative appeals or no dispute occurred). Moreover, as the dispute category and phase in which the dispute occurs are known during project execution, the best classification model is the CART model, with an accuracy of 69.05%. This study demonstrates effective classification application for early PDR prediction related to public infrastructure projects.

Dispute Handling Capability: Morphology and Modalities — Development of a Model

Dispute handling capability is a critical resource in society given that disputes are an ever present reality in social, economic and political activity spheres. Over the years, there has been a surfeit of scholarly endeavour in the social sciences and in applied fields of research in understanding the morphology and substance of disputes. The main contribution of the current study to this genre of research would be to examine one important aspect of this area of research — dispute handling capability. The study has been carried out in the discovery mode and is an exploratory study since repeated literature searches before, during and after this study have yielded little information about this construct, although there is considerable work on disputes and dispute resolution. The study to conceptualize Dispute Handling Capability and propose its modalities, took a 3-phase approach. In Phase 1, relevant studies were scanned to gain some insights into the concept of dispute handling capability. Subsequently, in Phase 2, the study analysed 30 incidents from the Mahabharata. Incidents of disputes were outlined, described, analysed, and insights were drawn from them to further sharpen the understanding of the phenomenon and to generate items for its measurement. Armed with sharper understanding of dispute handling capability, in Phase 3, an interview checklist, was created and a connection was made with subjects through exploratory interviews. The study has identified the Morphology of Dispute Handling Capability (DHC) in terms of five dimensions — Artfulness, Diplomacy, Detachedness, Fair Mindedness and Sagacity. Further the study also tried to capture the modalities of DHC in terms of its correlates. The study suggests that socio-economic correlates in terms of age, work experience, gender, marital status, number of children, caste, education, family income, and personality type could be correlated with DHC. Among organizational correlates, organizational culture, presence of union, product type, organizational profile and organizational workforce profile could be correlated with DHC. Dispute Handling Training is also expected to be correlated with DHC. These correlates would help in understanding DHC modalities in the social and organizational spheres. The study is a pioneering endeavour to examine the concept of dispute handling capability (DHC) and to identify the socio-economic and organizational correlates of DHC. From the practitioner's point of view, the study will help in diagnosing DHC of individuals, which can form the basis of mentoring and coaching programmes designed to develop these capabilities in executives.

Supporting Dispute Handling in E-Commerce Transactions, a Framework and Related Methodologies

An E-commerce transaction is a means to conduct particular commercial activities using the global digital E-commerce infrastructure. We concentrate here on business to customer (B-to-C) E-commerce transactions. These transactions are based on protocols offered by the global infrastructure, primarily the Internet. Using electronic means to do business can greatly improve the efficiency of the business transactions. It, however, poses some problems that were rarely considered to be important before. One class of problems is caused by the behavior of untrusted participants. For reasons such as dishonesty, disputes may arise. In the general case, when a dispute arises an untrustworthy participant may have an arbitrary behavior, and may or may not cooperate with the dispute handling process. In this paper, we study one class of disputes where the participants have some limited willingness to cooperate, and the causes or demands by the initiators are directly related to the actions in the transactions in which the disputes arise. To this end, we first establish a correctness criterion by extending the existing notion of transactional atomicity to a broader context where the behavior of untrustworthy players is taken into consideration. We then introduce the concept of a dispute, and the difficulties to handle it caused by abnormal behavior of players. We introduce a strategy, benefit set, based on which a solution is built to circumvent that behavior. Due to the special features of E-commerce transactions, we propose a two-tier arbiter structure as the main mechanism in our solution.

Negotiating a Web site agreement

There is much to ponder when a company decides to turn over the design and maintenance of its Web site to a service provider. The practicalities of building and operating a Web site involve far more than nuts-and-bolts engineering. Also pertinent are many performance, intellectual property, and even liability issues that could prove to be a thorny (and expensive) thicket to an unwary company. Many companies look to outside consultants to get them online. But going to an outside agent for this work requires that an agreement outlining the project be made between the company and the designer and/or host of the Web site. Such agreements can range from an informal letter to a lengthy contract with many exhibits and schedules attached. Regardless of its complexity, though, every Web site agreement requires careful consideration of several key issues: the domain name; virtual and nonvirtual hosting; technical requirements; pricing considerations; assignment and subcontracts; acceptance procedures; ownership; intellectual property; international issues; use of data about customers; developer publicity; client publicity; noncompetition clause; host performance and warranties; commercial transaction security; and dispute handling.