Dispute Resolution Process Research Articles

REVIEW OF INDONESIAN CONSTITUTIONAL COURT DECISION NUMBER 135/PHP.BUP-XIX/2021

The determination of the elected Regent and Deputy Regent by the General Election Commission (KPU) of Sabu Raijua Regency was formed without paying attention to the provisions of the Legislation and General Principles of Good Governance. The reason is that Orient Riwu Kore was only known to have dual citizenship after issuing the KPU Decree. The Constitutional Court later annulled the KPU decree. In contrast, Article 24C of the Constitution mandates that the MK's authority decide disputes regarding the general election results. On the other hand, the KPU stipulation decree is related to the general election process, not a dispute over the vote results. The dispute resolution process should be done through administrative efforts to the BAWASLU and the PTUN. Therefore, it becomes a question regarding the basis of the authority and reasons for the Constitutional Court to resolve disputes over the general election process. This research is in the form of normative juridical. The approach used in this research is the statutory approach and the case approach. This research is categorized in a prescriptive research typology. The data that has been collected will be analyzed qualitatively, and the results of this study are categorized in the form of prescriptive-analytical research. The result of this research show if the dispute of the KPU decree should be solved by administrative efforts in the form of adjudication to Bawaslu. Only then can the PTUN lawsuit be filed. However, suppose the dispute resolution process is carried out through the Administrative Court, it will take a long time. So that it can be understood that the acceptance of the applicant's application by the Constitutional Court is due to the absence of a more effective mechanism that can be carried out for the determination of the KPU decree other than through the Constitutional Court.
 Keywords: election disputes; constitutional court decision; decrees; general election commissions.

Review of the new alternative dispute resolution process for tax disputes

Geskille tussen belastingbetalers en die Suid-Afrikaanse Inkomstediens is ’n alledaagse gebeurtenis. Alternatiewe geskilbeslegting is in hierdie opsig ’n belangrike hulpmiddel. Dit is omdat belastinglitigasie, soos alle ander, tydrowend en duur is. Terwyl die Suid-Afrikaanse Inkomstediens egter op belastingbetalerskoste litigeer omdat sy koste gefinansier word uit belasting wat ingevorder word, litigeer belastingbetalers op eie koste met beperkte hulpbronne. In die praktyk skep dit onbillikheid: enersyds kan die Suid-Afrikaanse Inkomstediens, vanweë sy toegang tot die openbare beurs, die koste van litigasie op enige vlak van die geregtelike hiërargie bekostig; aan die ander kant, as gevolg van finansiële beperkings, word toegang tot geregtigheid vir die meeste belastingbetalers deur appèltribunale en geregshowe ernstig beperk. Om hierdie rede is alternatiewe geskilbeslegtingsprosedures van kritieke belang om toegang tot geregtigheid te verseker vir die meerderheid belastingbetalers wat in belastingdispute gewikkel is. Hierdie artikel toon dat die nuwe reëls nie onafhlanklik nie maar in tandem met die Wet op Belastingadministrasie 28 van 2011 werk: terwyl laasgenoemde alternatiewe geskilbeslegting as ’n moontlike meganisme vir die oplossing van betwiste kwessies in ’n hangende appèl erken, skryf die nuwe reëls die prosedures voor wat gevolg moet word wanneer hierdie proses ook al gekies word. Hierdie proses wat gevolg moet word, is nou verbind met die behoorlike funksionering van Suid-Afrika se belastingadministrasiestelsel en die bereiking van die doelwitte soos uiteengesit in artikel 2 van Wet 28 van 2011. Sodoende vestig hierdie artikel ’n rasionele verband tussen, aan die een kant, die doel waarvoor die magte aan die minister verleen is in artikel 103(2) gelees met artikel 257(1), en die uitoefening daarvan by wyse van die inwerkingtreding van die nuwe reëls wat verband hou met alternatiewe geskilbeslegting, aan die ander kant. Die ontleding van die nuwe reëls in hierdie artikel toon egter dat, hoewel belastingbetalers ’n reg het om alternatiewe geskilbeslegting te versoek, hulle nie ’n reg het om deelname aan sodanige proses deur die Suid-Afrikaanse Inkomstediens af te dwing nie. Dit ondermyn die doeltreffendheid van die alternatiewe geskilbeslegtingsmeganisme wat in wetgewing verorden is. Gevolglik word aanbeveel dat reël 13 gewysig word deur ’n bepaling by te voeg wat ’n reg verleen van die soort wat hier beoog word. Boonop toon hierdie artikel dat belastingbetalers ingevolge die nuwe reëls nie die reg het om redes te versoek vir ’n besluit deur die Suid-Afrikaanse Inkomstediens om ’n versoek om alternatiewe geskilbeslegting af te wys nie. As ’n remedie word aanbeveel dat ’n bepaling in die nuwe reëls ingevoeg word wat aan belastingbetalers ’n reg verleen om redes vir ’n besluit van hierdie aard te ontvang. Sodoende sal toegang tot onderhandeling en versoening onder die nuwe reëls meer sinvol en doeltreffend gemaak word. ’n Verdere voordeel van so ’n wysigingsbepaling sou wees dat dit die alternatiewe geskilbeslegtingsmeganisme in die nuwe reëls aansienlik meer belastingbetalergesentreerd in sy vooruitsigte sal maak as wat tans die geval is.

Getting Back to ADR Business in the Wake of the Covid‐19 Pandemic

In last month's Part 1 (see link below), London author/mediator/attorney Rhys Clift provided background on technological changes preceding the global pandemic, and how they combined to affect alternative dispute resolution processes. This month, he continues on how and why Covid‐19 changed business mediation even more, and why these changes are now a permanent part of the dispute resolution landscape.

Comparative Analysis of Alternative Dispute Resolution Laws in Pakistan: its Adaptation, Procedure and Compatibility

The judicial system of Pakistan is well structured and organized. Regular courts are actively functioning in the country. Despite formal litigations, various developed countries of the World have adopted the resolution of disputes through alternative ways, most popularly through Alternative Dispute Resolution. Alternative dispute resolution is such a method whereby issues of the people are solved without formal cases in the courts. The alternative dispute resolution system, already have its roots in the customary structure of the society. Pakistan has also codified various laws with respect to Alternative Dispute Resolution. In this research paper various Alternative Dispute Resolution laws are comparatively analyzed. Its adaptation, procedure and compatibility are discussed and recommendations are given for its effective legislation and implementation. Background and objective of alternative dispute resolution processes and laws are discussed. Role of the ADR laws is also highlighted with respect to reducing of burden of cases from the judiciary.

Inheritaged land dispute resolution process through litigation judicial mechanism in Gorontalo city

The phenomenon that occurs in land disputes every year has increased. This is evident from data from the Indonesian National Land Agency (BPN) which mentions around 2,865 cases of large-scale land disputes that have not been completed and have an impact on hampering the completion of registration and granting of land rights. Disputes can happen to anyone and anywhere. Disputes can occur between individuals and individuals, between individuals and groups, between groups and groups, between companies and companies, between companies and countries, between countries, and so on. The purpose of the study is a description of the settlement of inheritance land disputes through the litigation judicial mechanism in Gorontalo City. The research approach chosen in this study is descriptive qualitative with ethnographic research types. This type of research data consists of primary data and secondary data. Settlement of inheritance land disputes, then there are 2 (two) courts that handle it, namely the Religious Court and the District Court (General). Dispute resolution in court (litigation) is one of the most popular ways for some people in addition to the existence of out-of-court (non-litigation) dispute resolution methods, because the court is an institution that is trusted to provide binding solutions for justice seekers related to the problem at hand, but on the other hand some justice-seeking communities feel that their rights are violated if something goes wrong the authority to adjudicate from the court against the dispute it is trying. Cases of inheritance disputes in Gorontalo City, are not monopolized by the Religious Courts, but many residents who are in dispute inheritance take the route of district courts or public courts.

Online dispute resolution: can we leave the initial decision to Large Language Models (LLM)?

In the era of digitization and artificial intelligence, online dispute resolution has become a topic of growing interest. In this article, we will explore the potential of Large Language Models (LLM) in online dispute resolution, how they can be implemented, the necessary technological resources, as well as their limitations and challenges. LLMs have the ability to process and analyze large volumes of data in a short period of time. This allows them to evaluate many indicators, criteria, and parameters, something that could take a long time for human judges or experts. This speed and efficiency can be particularly useful in cases involving a large number of documents, such as contracts, expert reports, and others. To implement LLMs in online dispute resolution, adequate technological resources are needed. One of the main challenges is ensuring the security and privacy of the data processed by these models. To do this, the use of technologies such as blockchain can be of great help, as it allows for the creation of secure, decentralized, and unalterable records of transactions and decisions made during the dispute resolution process. LLMs are promising tools for online dispute resolution, but it is important to recognize their limitations and challenges. Although they can offer greater efficiency and agility in the analysis of legal cases, they should not be used as substitutes for human legal professionals. Instead, LLMs should be considered as complementary tools, which can enhance and enrich the decision-making process in legal cases. By responsibly and ethically implementing LLMs in online dispute resolution, and proactively addressing the risks of bias and partiality, these tools can provide great value in the legal field and improve accessibility to justice for all.

Mediasi Sebagai Alternatif Penyelesaian Sengketa Ekonomi Syariah

The establishment of Law Number 3 of 2006 concerning Religious Courts has increased the authority of religious courts, namely by resolving disputes from the sharia economy. Parties to the dispute can take a path that can be resolved, namely by litigation and non-litigation. There are several ways through non-litigation, such as mediation, negotiation, arbitration, and musharawah. However, the focus of this discussion is on mediation. Supreme Court Regulation Number 1 of 2016 concerning mediation procedures in court in article 1 point 1 states that mediation is one way to resolve disputes by negotiating to obtain agreement from two parties which will be assisted by a mediator. The necessity in conducting this mediation is a provision of article 10 of PERMA SES. This provision states that judges are required to seek peace first before hearing cases. Mediators in court have a vital role in the dispute resolution process from two parties Provide facilities for dialogue, neutrality, provide agreement facilities, encourage legal compliance, confidentiality, good communication skills, make agreements, stages of the mediation process, the first to fill out the form. Both parties may choose a mediator who is submitted to the judge. The initial stage in the mediation process is to provide a resume with a maximum of five days calculated to the mediator. Furthermore, the mediator mediates with negotiation material at an unlimited mediation meeting, both posita and petitum lawsuit, The mediation process takes place within thirty days calculated from the determination to carry out mediation, can be extended again for thirty days with the agreement of two parties. If within thirty days there is no sign of successful mediation, the process can be stopped immediately. If the mediation process has been carried out by the mediator and two parties, then the mediator will draw conclusions from mediation

Kepastian Hukum Penyelesaian Sengketa oleh Majelis Adat Setikar Kampung dalam Sistem Peradilan Indonesia

Settlement of disputes between residents in Aceh Tamiang Regency was organized by the Setikar Village Council (MDSK) as a village deliberation body, which was later better known by the community through mediation through village traditional apparatus. This study aims to find out and explain how the procedures for resolving disputes between communities by MDSK, and analyze the legal certainty of dispute resolution between communities by MDSK in the Indonesian Judicial system. The research method of this study is normative juridical research by examining aspects of legal certainty in dispute resolution by the Aceh Tamiang District MDSK in the Indonesian justice system. The legal materials used consist of primary, secondary and tertiary legal materials. The approach taken in this research is the approach to legislation and the approach to the principle of legal certainty. The research data will be analyzed qualitatively in accordance with the legislation and conformity with the principle of legal certainty. The results of the study indicate that out-of-court dispute resolution in Aceh Tamiang District is organized by MDSK. The dispute resolution process is carried out by examining initial data related to the subject of the dispute, examining documentary evidence and adjusting it in the field, then making decisions by deliberation and consensus. Dispute resolution by MDSK has not met the principle of legal certainty. Because, MDSK does not have legality as a mediation forum and is not recognized as a mediator as regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. Then, there are no implementing regulations in the form of guidelines for dispute resolution through MDSK, standard rules for implementation procedures and dispute resolution procedures.

ISLAMIC BANKING DISPUTE RESOLUTION: THE EXPERIENCE OF MALAYSIA AND INDONESIA

The dispute resolution mechanism in a country involving Islamic banking depends on its applicable law. A workable mechanism guarantees a harmonious settlement and ensures justice is upheld in conjunction with the spirit of Islamic law. This study aims to analyse various mechanisms to resolve Islamic banking disputes in Malaysia and Indonesia by referring to the latest legal and judicial developments in both jurisdictions. It adopts doctrinal and comparative legal research methodology whereby the relevant primary and secondary sources of law were meticulously appraised. Findings of this study reveal that both countries have their own unique way of dealing with Islamic banking and finance cases. In Malaysia, the jurisdiction is vested in civil courts with mandatory reference to the SAC in deciding Shari’ah issues. Regarding Indonesia, Article 55 (1) of Law No. 21 (2008) provides that a Religious Court shall have jurisdiction to hear matters involving Islamic banking disputes, unless there is an agreement stating that the dispute resolution should be done in another manner, provided the chosen manner does not contradict with Shari’ah principles. There is also an option to refer to the Dewan Shari’ah Nasional Majlis Ulama Indonesia for expert opinions. Both jurisdictions also acknowledge alternative dispute resolution as a mechanism for dispute settlement. This study emphasises the need to enhance the knowledge and in-depth understanding of judges in the relevant field of law; Shari’ah law for civil court judges and civil law for religious court judges, to facilitate the dispute resolution process.

Integrating BIM in Construction Dispute Resolution: Development of a Contractual Framework

Building information modeling (BIM), through its data-rich digital representation of building elements, has revolutionized the architecture, engineering, and construction (AEC) industry. Facilitating the process of its implementation, several legal aspects of BIM have been discussed and standardized in the published contract systems, but legal provisions for dispute resolution through BIM are yet to be established. With more enhanced use of BIM, there is a need for a dedicated protocol for utilizing BIM in construction dispute resolution. This study aims to identify, analyze, and classify the potential legal aspects for integrating BIM into the construction dispute resolution process and thereby determine the corresponding provisions required in BIM-enabled contracts. Potential legal aspects were extracted through an analysis of published literature, including research papers, FIDIC contracts, and standard BIM contract documents. A questionnaire survey involving 140 respondents was conducted from which the 24 identified legal aspects were validated to be incorporated in BIM contracts as contract provisions. The proposed BIM-DRes framework maps the legal aspects and finalized contractual provisions with the phases of a construction project and highlights the main stakeholders associated with or affected by these aspects. The developed framework was further validated by three experts from the construction industry. This research explores this overlooked area and expands the body of knowledge on BIM-based dispute resolution, setting the ground for the extension of BIM-enabled contracts.

Kajian Yuridis Terhadap Transaksi Jual Beli Online Dengan Menggunakan Fitur Paylater

Introduction: Shopee Paylater is a payment method which means users or consumers will get loans instantly. Each agreement of the parties has an obligation to fulfill achievements to other parties, in practice some of the Consumers do not carry out their obligations properly and correctly, some of the Consumers are not in good faith when carrying out product or service transactions, there are also buyers who do not pay in accordance with the agreed maturity date, therefore the Consumer is deemed to have defaulted.Purposes of the Research: Analyze and review the dispute resolution process if the consumer defaults on the Shopee Paylate payment method. Methods of the Research: : This research is included in normative legal research, namely research examining various positive legal provisions, various legal principles, legal principles and doctrines to answer legal issues faced by.Results of the Research: The results of the study show that the The procedure for carrying out online buying and selling transactions through Shopee using the Paylater feature can be done with the payment method in cash or installments. Furthermore, the process of resolving consumer disputes who default on paylater on the shopee marketplace is by paying a fine of 5% of the total bill and will continue to increase if it is not paid, consumers cannot checkout through shopee and the existing shopee paylater limit will be reduced because of this. the. does not carry out dispute resolution methods through litigation or non-litigation, the Shopee Paylater organizer only takes steps to resolve the dispute internally and provides administrative sanctions for defaulters on the Shopee Paylater usage agreement.

Mediation as an Alternative Dispute Resolution to resolve interpersonal conflicts in Hong Kong universities

PurposeThis paper aims to provide insight into mediation as an Alternative Dispute Resolution (ADR) to resolve interpersonal conflicts for undergraduate students in Hong Kong.Design/methodology/approachMixed methods research approach was utilised to examine university students' understanding of dispute resolution at their respective universities in Hong Kong, and factors that may influence their decision to utilize ADR on campus.FindingsThe tendency for university students in Hong Kong to voice criticisms was low due to: (1) unawareness of proper grievance channels; and (2) fear of potential academic retribution from the institution. This may be the result of inadequate promotion and transparency in the existing higher education dispute resolution framework. Academic staff acknowledged the limitation of the existing closed-door dispute resolution system and the need for an alternative conflict management system which emphasises on restoration of harmony in the university community.Originality/valueAs there is a lack of study focusing on ADR practices in Hong Kong universities, this paper provides insight into the feasibility of integrating ADR into the existing dispute resolution processes in resolving interpersonal conflicts at universities in Hong Kong.

The Dispute Settlement through International Arbitration between PT. Karaha Bodas Company against PT. Pertamina and PLN

Arbitration is a dispute resolution institution that uses an adversarial approach with the result that win lose chosen as an alternative by business people. Alternative dispute resolution that is currently in demand is through arbitration because it is in line with the increase in commercial transactions in the business sector both nationally and internationally. Dispute resolution through arbitration provides benefits for the disputing parties. These advantages include the confidentiality of the disputing parties, relatively cheaper costs, a fast, efficient dispute resolution process and provide flexibility for the disputing parties. International arbitration dispute resolution has a uniqueness which adheres to the principle of final and binding (last resort and binding). An international arbitral award that has been decided abroad if it is brought to Indonesia, there are two possibilities, i.e. the International arbitral award asks to be enforced or annulled. Based on the dispute between PT. Pertamina against Karaha Bodas Company that Pertamina cannot cancel the arbitration award that has been handed down by the Swiss Arbitration Board. The reasons for rejection and cancellation are as stated in the New York Convention and the UNCITRAL Model Law.

ЗАРУБІЖНИЙ ДОСВІД УПРОВАДЖЕННЯ МЕДІАЦІЇ В НОТАРІАЛЬНУ ДІЯЛЬНІСТЬ

The article is devoted to the study of foreign experience in the implementation of mediation in notarial activities. The concepts of “mediation” and “mediator” in the national legislation are analyzed and the problem of the lack of a unified approach to endowing representatives of different professions with the powers of a mediator is singled out. It is noted that, as a general rule, the opinion of scholars is focused on the expediency of empowering lawyers, judges and notaries to conduct mediation. Emphasis is placed on the relevance of studying foreign experience, due to changes in the legislation on notaries, according to which notaries have the right to mediate, provided they undergo basic training as a mediator. The positions of the Council of Notaries of the European Union and the European Commission on the effectiveness of justice have been taken into account, according to which, by their legal nature, notary representatives can play a crucial role in the mediation procedure. It has been established that with the trust of the public, they can use their legal knowledge and hearing skills in the dispute resolution process. It is determined that the peculiarities of the introduction of mediation by a professional lawyer in different countries depend on the legal status, education and other requirements for representatives of the legal professions. The experience of Austria, Germany, Spain, France, Belgium, Georgia, Poland and other countries is analyzed. It is concluded that the introduction of mediation into the national legal system by a notary is a positive step, as he is a qualified, impartial, neutral and independent lawyer. It is emphasized that the participation of a notary as a mediator in the settlement of a conflict (dispute) ensures the legality of the procedure, its voluntariness, the reliability of explanations and other information that the parties receive in the process of joint decision-making. There is a tendency to lack a single clear approach to the regulation of the powers of a notary mediator and the procedure for notarial mediation. The most optimal options for the development of notarial mediation are proposed, related to the authority to conduct mediation, develop and certify an agreement based on the results of mediation.

The Amazing Carrie Menkel-Meadow and What Wins When Passions Collide

Carrie Menkel-Meadow (sometimes referred to as “Carrie” herein) is famous in the dispute resolution world as one of the field’s founders. Her prolific writing on dispute resolution—negotiation, mediation, arbitration, and the variants of these major processes—evidences an unrivaled passion for the subject. A renaissance thinker, her intellectual explorations also extend to other areas such as women’s rights and restorative justice for victims of egregious wrongs.
 Her multiple passions sometimes create dynamic tensions. For example, what happens if mediation norms threaten a woman’s rights? Or if mediators divert the focus of a dispute resolution process to the future, neglecting a horrific past?
 This Essay, in Part II, comments on Carrie Menkel-Meadow’s career and scholarship and then, in Part III, looks at two instances where dynamic tensions arise when her quest for justice in chosen arenas collides with mediation norms. When incompatible passions collide, what prevails?

Challenges for the Developing Countries and the LDCs in the DSU: Strengthening the Dispute Settlement System of the WTO

The World Trade Organization (WTO)’s Dispute Settlement Understanding (DSU) has obligations to protect the contractual rights of developing countries against the power politics of developed countries. Although the dispute settlement system gives special economic security to developing and the least developed countries (LDCs), there are complains that developed countries have still influence in the DSU due to a lack of balancing political and economic power among members. Many members proposed to strengthen the consultation and mediation processes of the DSU system in the interest of developing countries and the LDCs. The paper examines the constraints and challenges faced by developing member countries against developed countries regarding lodging complaints in the DSU. The paper argues that the DSU should take developing countries’ complaints and proposals to strengthen the dispute resolution processes such as mediation and consultation into consideration for the betterment of the world economy and trade. The paper analyses that trade liberalization and special but differential treatment for developing and least developed countries can balance the power and economic politics among all members of the WTO.

Challenges of Dispute Settlement through International Court of Justice (ICJ): the Case of Ukraine v. Russian Federation the Decision on Provisional Measures on Alleged Violation of Genocide Convention

This article aims to study the challenges faced by the ICJ in the international dispute resolution processes by analyzing the case between Ukraine v. Russia emphasizing the decision of the court on claims of provisional measures to stop Russian military operation in Ukraine. The qualitative approach was utilized in this research referring to both primary and secondary sources. The finding shows that ICJ has been facing challenges which is revealed in Ukraine’s case too. Regardless of the marvelous efforts of ICJ, state parties are quitting the jurisdiction of ICJ by rejecting the principle of international law of treaties. Besides, the gap in institutional independence in the process of election of judges has involved the veto power of the Security Council which is a political organ. Even more, the election of ad hoc judges is based on the intention of national representation. To this effect, the verdict on Ukraine’s claim has been decided by the split majority vote and judges’ individual independence in decision-making has been influenced by national interest, the political orientation of judges, ideology, and, diplomatic relations of states. The worst is that the judgment enforcement UN Security Council’s structural posture caused failure to execute decisions. Favoritism and intervention by unilateral sanction are also other problems. Therefore, the writer suggests the court demand a radical change to attain its intended object.

DOES THE PRESCRIPTION ACT APPLY TO CLAIMS UNDER THE LABOUR RELATIONS ACT?

The applicability or otherwise of the Prescription Act 68 of 1969 to claims under the Labour Relations Act 66 of 1995 (LRA) is a hot topic in contemporary labour law. In particular, questions as to whether an arbitration award, an unfairly dismissed employee’s claim, an order of reinstatement, or a claim for arrear wages could be thrown out of court for having prescribed have been encountered in at least four recent decisions of the Constitutional Court of South Africa – Myathaza v JHB Metropolitan Bus Service (SOC) Ltd t/a Bus Metrobus 2018 (1) SA 38 (CC); Mogaila v Coca-Cola Fortune (Pty) Ltd 2018 (1) SA 82 (CC); FAWU obo Gaoshubelwe v Pieman’s Pantry (Pty) Ltd (2018) 39 ILJ 1213 (CC); and NUMSA obo Fohlisa v Hendor Mining Supplies (A Division of Marschalk Beleggings) (Pty) Ltd (2017) 38 ILJ 1560 (CC). Given the environment in which labour disputes take place, and that expedition is of the essence in a regulated dispute resolution process, one could conceive of a reinstatement claim arising from a labour dispute being caught by the general limitation on lodging civil claims after three years. The rationale for limiting the period during which civil claims may be made ought, mutatis mutandis, also to apply to matters arising from employment claims – especially if it is borne in mind that expedition is at the heart of the settlement of labour disputes. In the absence of any mention of a time-bar for laying reinstatement claims under the LRA (except for the 30 days for referring a dispute of unfair dismissal or 90 days for unfair labour practice to a bargaining council or the Commission for Conciliation, Mediation and Arbitration (CCMA) (s 191)), it is not surprising that the applicability or otherwise of the prescription period of three years has been in issue in a number of reinstatement claims.

Why Negotiated Rulemaking Is Still Vital: An Interview with Susan Podziba

Negotiated rulemaking, at its heart, is an alternative dispute resolution process, often dependent upon mediation techniques to gain input from stakeholders who will be subject to regulatory processes. The goal is to produce an oversight process that interested parties can live with and that serves whatever the public purposes are in issuing the rules.

Thinking Holistically About Procedural Justice in Alternative Dispute Resolution: A Case Study of the German Federal Ombudsman Scheme

This article examines data collected from users of the German Federal Ombudsman Scheme (GFOS). The data was collected as part of a research project to understand how the GFOS operates in practice and how its procedures and outcomes are accepted by its users. We begin from the premise that experience of procedural justice during this alternative dispute resolution (ADR) process will build institutional legitimacy, and the article makes three contributions to the literature on procedural justice. First, we extend evidence of the link between procedural justice and legitimacy to a novel institutional context that is different in many ways to the criminal justice focus of much of the extant literature. Second, we consider the motivations of service users to engage with ADR as potential moderators of that link. Third, we analyze the relationship between procedural justice, subjective outcomes, and the actual outcomes provided to service users. Overall, we conclude that the link between procedural justice and legitimacy can be identified among those with very different motivations for using the GFOS.