Dispute Resolution Strategies Research Articles

The Role of Contractual Provisions in Managing Delays and Disputes: A Review

Construction projects are inherently complex and often experience delays, significantly impacting timelines and costs. Effective delay management is crucial, with contracts playing a key role in defining responsibilities and remedies, including provisions like Extension of Time (EoT) clauses and liquidated damages to mitigate financial risks. Delay analysis techniques, such as Time Impact Analysis (TIA) and the Relative Importance Index (RII), are critical for identifying delay causes, assigning accountability, and ensuring fair dispute resolution. However, challenges like unclear contract language, poor record-keeping, and inconsistent analysis methods often complicate the resolution of disputes, leading to prolonged conflicts. Establishing clear documentation requirements, fostering strong communication among stakeholders, and adopting standardized delay analysis methods are vital for minimizing disputes and facilitating efficient resolutions. Furthermore, advancements in technology, including AI and Building Information Modelling (BIM), present opportunities to improve delay management and enhance contractual effectiveness. A well-structured contractual framework, supported by robust delay analysis and dispute resolution strategies, is essential for minimizing conflicts and ensuring the successful delivery of construction projects.

Dispute Resolution Strategies in Construction Projects to Mitigate Impacts on Time Performance – Project Owner's Perspective

Abstract Disputes in the global construction industry are increasing every year. This is also in line with what is happening in the Indonesian construction industry. PT. XYZ, one of the pulp and paper producers in Indonesia., was the project owner of 128 construction contracts for the company's production facility development services from 2015 to 2021, had experiencing disputes on 45 of those contracts or 35.2% of the total construction contract services. The trend on time taken to resolve those disputes was observed to be 16.38 months on average, which was considered too long. The delay in handling these disputes will result in losses for both the owner and the contractors. The purpose of this study is to analyze the strategy of selecting dispute resolution methods for each identified cause of disputes in the construction industry in Indonesia. This study has identified 13 causes of disputes and 10 dispute resolution methods in Indonesia. A survey questionnaire that using Pair Comparison Analysis has been sent to professionals in the construction industry in Indonesia, questioning about their preference of dispute resolution method for every cause of dispute. The results of the data analysis show that there is a difference process in the dispute resolution methods for each cause of dispute. Although, Negotiation predominantly first ranks in dispute resolution. Meanwhile, for all causes of disputes, all respondents have an agreement that Arbitration and Litigation are the last methods in dispute resolution method in the construction industry in Indonesia. Keywords: Disputes; claims; sources of disputes; disputes resolution methods; time taken to resolve disputes, construction industry; Indonesia

Copyright Dispute Resolution in the Technology Industry: Case Study of PT Application Karya Anak Bangsa and Nadiem Makarim

Copyright violations in the digital technology industry in Indonesia have a significant impact on the development of innovation and company growth. Law no. 28 of 2014 concerning Copyright functions as a legal framework to protect copyrighted works in the technology sector, but copyright lawsuits often pose challenges for companies, especially startups, in innovating. Excessive or misused lawsuits can create barriers to competition and slow the pace of technological innovation. On the other hand, copyright protection remains important to maintain justice for technology creators. Dispute resolution through litigation and non-litigation channels, including mediation and arbitration, provides alternatives for the parties involved. The litigation route, although offering legal certainty, is often considered slow and expensive. In contrast, non-litigation settlement is more flexible, fast and economical. Both of these mechanisms are regulated by applicable law in Indonesia and allow parties to choose the resolution that best suits their needs. It is important for technology companies to consider effective dispute resolution strategies so that innovation can continue to develop without excessive obstacles.

Coordinating Standard Procedures of Disciplinary Actions to Conflict Resolution Techniques to Facilitate Conducive Working Environment in Zamboanga Sibugay Division

Ensuring a productive and happy work environment in educational institutions requires effective management of employee discipline and conflict resolution. This study fills in the knowledge gap about how Zamboanga Sibugay school administrators handle conflicts and use disciplinary measures. It aims to provide insights into better administrative tactics by assessing the efficacy of these practices and their effects on the workplace. This study uses a mixed-methods approach to evaluate how school administrators handle disciplinary measures and resolve conflicts. Structured questionnaires were utilized to gather quantitative data, and interviews with school officials yielded qualitative insights. The data was analyzed using statistical methods such as t-tests and z-tests, which revealed significant differences and correlations in the use of these practices. Results of the study showed that formal written warnings, formal disciplinary sessions, and verbal warnings are routinely used by school administration as forms of discipline, and the most common disciplinary action is suspension or loss of privileges, whereas termination is the least common. Furthermore, the most often used conflict resolution strategies include compromise, problem-solving teamwork, and compromise. Lastly, there were minimal relationships between the two sets of data, but significant variations were observed in the implementation of disciplinary actions and dispute-resolution strategies. The study concludes that although Zamboanga Sibugay school administrators generally follow established disciplinary procedures and conflict resolution strategies, there are variances in how they implement them. The most common disciplinary measure is suspension or loss of privileges, while the most common method of resolving conflicts is compromise. The results emphasize the necessity of a more coordinated strategy to improve company culture and successfully resolve conflicts. The study thus recommends modifications to improve organizational culture and offers insights into the effectiveness of present methods.

Insurance Ombudsman in Post-Pandemic India: COVID-19 Challenges and Future Dispute Resolution Strategies

Insurance Ombudsman in Post-Pandemic India: COVID-19 Challenges and Future Dispute Resolution Strategies

Indonesia Employment in 2023: Labor Force Conditions and Policy Developments in the Early Stages of the Demographic Bonus

In 2023, amidst the complexities of a volatile global economy, Indonesia demonstrated economic resilience, propelled by its dynamic workforce. This abstract synthesizes the intricate interplay between macroeconomic forces and employment trends within Indonesia, drawing from comprehensive data analyses and policy evaluations. The report encapsulates a year marked by economic recovery despite global headwinds such as the Russia-Ukraine conflict, inflation surges, and supply chain interruptions. With a predicted global growth of 3.6% by the IMF, Indonesia's economy experienced fluctuations but maintained a growth trajectory from Q2 2022 to Q2 2023. Labor force data indicates a predominance of the working-age population, signaling potential for sustained productivity and economic fortitude. The demographic composition, skewed towards a younger populace, underpins the vibrant labor market. Employment policies have been responsive to digitalization, globalization, and demographic transitions, focusing on skill development, vocational training, and job safety. Notably, vocational training for SMK graduates was prioritized to match industry requirements. Regulatory advancements aim to balance worker protections with corporate operational efficiency. Amidst COVID-19's lingering impact, policy adaptations were crucial to support workers and businesses, exemplifying Indonesia’s agility in times of crisis. The landscape of employment disputes, predominantly centered around termination, underscores the necessity for robust conflict resolution mechanisms. With 71.15% of industrial disputes tied to terminations, mediation emerged as the preferred dispute resolution strategy. Regional data unveiled disparities in job placements and complaints, spotlighting the need for equitable workforce distribution and grievance redressal mechanisms. The report concludes that Indonesia's labor policies and employment conditions are dynamically evolving, poised to sculpt a robust, inclusive, and sustainable labor market landscape.

Perbandingan Penyelesaian Sengketa Arbitrase Online Antara Indonesia Dengan Cina : Sebuah Tinjauan Hukum

Dispute resolution through online arbitration has become an increasingly important topic in the context of international business relations. This article provides a comprehensive legal review of the comparison of online arbitration dispute resolution between Indonesia and China. Through in-depth analysis of the legal system, contract provisions, technology used, economic considerations, and the influence of government regulations, the author explains the differences and similarities that exist between the two countries in resolving this dispute. The different legal approaches between Indonesia, which adopts a legal system based on civil law, and China, which has a legal system based on Confucian law and socialist law, are the main focus of discussion. As a result, this article identifies the key factors that influence the effectiveness of online arbitration dispute resolution between Indonesia and China and provides valuable insights for legal practitioners, entrepreneurs and researchers interested in this field. In conclusion, this article emphasizes the importance of a deep understanding of the differences in legal and regulatory culture between the two countries in designing successful dispute resolution strategies in the context of online arbitration.

Analysis of Novelty Elements as a Requirement for Patent Registration in Law Number 13 of 2016 Concerning Patents

This study delves into the elements of patent rights and dispute resolution strategies in cases of patent infringement. The background of the research stems from the necessity to understand the legal framework surrounding patent protection and the mechanisms available for resolving disputes in the event of infringement. The primary objective is to identify the crucial components of patent rights and the various methods employed to address disputes arising from alleged patent violations. Employing a normative legal research approach, with both conceptual and statutory analyses, this study aims to provide a comprehensive overview of the subject matter. The findings underscore the significance of novelty as a fundamental criterion for patent acceptance, as defined by Law Number 13 of 2016 concerning Patents. Novelty, characterized by the absence of prior public disclosure, usage, or inclusion in existing knowledge standards, is essential for patent registration. The study reveals that patent disputes concerning novelty can be addressed through diverse legal avenues, including patent removal suits, trial proceedings, mediation, patent reexamination, out-of-court settlements, and appellate processes. Furthermore, alternative mechanisms such as arbitration offer additional pathways for resolving disputes. The implications of this research highlight the importance of adhering to novelty requirements during patent registration and understanding the array of dispute resolution mechanisms available to safeguard intellectual property rights.

Legal Analysis of Malaysia’s Integrated Dispute Resolution Scheme: Lessons from Other Countries

The Central Bank of Malaysia and the Securities Commission Malaysia have suggested a consolidation to establish the Integrated Dispute Resolution Scheme (IDRS) for Malaysian financial consumers. The objective of the merger is to streamline and enhance the procedures for resolving disputes. This study examines the legal perspective in determining the most effective legal structures for resolving disputes efficiently. The study employs qualitative data and secondary data from Indonesia and Australia to acquire insights. The study emphasises the potential advantages of the IDRS, such as enhanced dispute resolution services, greater outcomes, and increased satisfaction for consumers seeking alternative dispute resolution platforms.

Mapping Personality Traits and Gender-Based Stereotypes on Perceived Negotiation Skills

Implementing effective dispute resolution strategies such as negotiation has proved to be quite effective whenever there is a divergence of interest between two conflicting groups. This study aims to see if gender-based stereotypes or specific personality traits can positively or negatively influence negotiation skills in an attempt to improve the negotiation process, whereby individuals could be trained to adopt specific behaviors to obtain more favorable negotiation results. Using the expectancy violation theory (EVT) to analyze how individuals respond to unanticipated violations of social norms and expectations whilst negotiating, a quantitative study was carried out among legal officers working in private, public, and parastatal organizations in Mauritius. The sample size, 270, was calculated based on a population size of 899 as per records of the Mauritius Bar Council. The results demonstrate most legal officers were equipped with good negotiation skills, with no significant difference between males and females (U = 1138.50, p > 0.05), while a high level of neuroticism was indicative of poor negotiation skills (τb = −0.167, p > 0.05). These findings demonstrate that participants agreed that their negotiation skills were influenced in gender-dominated meetings which align with the principles of the EVT, the violation of certain expected negotiation behavior based on gender impact negotiation outcomes. Since negotiation skills were significantly associated with negotiation outcomes (χ2(4) = 37.963, p < 0.05), this provides pointers to businesses on how to improve and optimize negotiation outcomes by choosing a negotiator with the most apt personality traits.

Impact and Resolution of Franchise Disputes: Review of Legal Cases and Alternative Dispute Resolutions for Franchise Brand Rights

This study aims to analyze the impact arising from disputes in the franchise industry, with a focus on disputes related to trademark rights deviation. In order to understand the complexity of these disputes, this study involves reviewing legal cases involving parties in franchise relationships and identifying the types of infringement that are common in relation to franchise trademark rights. In addition, this study also analyzes alternative dispute resolution that can be used to resolve conflicts between franchisees and franchisors. In this analysis, alternative dispute resolution such as mediation, arbitration and negotiation are evaluated to understand their effectiveness and suitability in the context of franchise disputes. It is hoped that the results of this research will provide in-depth insight into the impact of franchise disputes on the parties involved and identify effective dispute resolution strategies to reduce potential losses and promote healthy relationships between franchisees and franchisors.

The legitimacy of international law: challenges and the emerging issues

Within academic conversations surrounding traditional international relations inquiry exists an ongoing debate around whether or not we can consider international law legitimate given certain challenges it faces as an operational system. Despite playing vital roles in promoting cooperative relationships between states while also providing frameworks for dispute resolution strategies which sustain global stability over time, issues surrounding authority often call into question its capacity as a legit kindred institution. Enforcement mechanisms simply aren't as centralized or standardized as it is in other legal systems, while other arguments deal with state sovereignty limitations. Supporters argue that legitimacy stems from state consent and supportive treaty obligations, combined with legal precedent set by former decisions. This reliance on factors such as "opinio juris" (shared belief both within and outside of state power circles) is considered an important part of creating enforceable norms on equal footing. The paper aims at understanding the legitimacy of international laws especially considering the emerging issues in the international relations. With this objective, the paper adopts the theory of liberal institutionalism, where it states that the international system requires the existence of a system that will governs its affairs. With states as the main actors in the international system, international law is seen as a product of collective decision-making, where states voluntarily agree to abide by certain rules and obligations. The paper concludes that apart from the challenges to the legitimacy of international law, there are emerging issues like cybersecurity, climate change, evolving nature of the international law which are seeing as factors that pose difficulties to the legitimacy of international law.

Penyelesaian Sengketa Wanprestasi di BMT Al-Hidayah

Baitul Maal Wat Tamwil and its customers have a very close legal relationship in which reciprocal rights and obligations arise. If in the future there is a dispute between the BMT institution and its customers, the dispute must be resolved in the fairest way. This is the right way for BMT institutions to maintain the empowerment of their customers so that they are truly protected by their rights. This study aims to find out how to resolve default disputes in BMT Al-Hidayah. The method used in this study is qualitative research method. This research is included in the category of case study research using a qualitative approach that is descriptive. BMT problems are default disputes that affect the bad financing of BMT operations, bad loans and pristiwa outside of the creditor's intentionality. The default dispute resolution strategy at BMT Al-Hidayah is through litigation and non-litigation channels. This occurs in the dispute between party K and party Z, both of whom experience default disputes but in the settlement have different solutions in the resolution. Party K resolves its default disputes through familial channels and deliberation by referring to the clauses of Article 4 of Law No. 42 of 1996. Meanwhile, party Z takes dispute resolution through mediation channels involving third parties as mediators whose job is to provide solutions, direction and foresight to the problems faced. For this reason, BMT as a sharia-based institution has many alternatives and appropriate strategies in solving disputes that occur.

Ensuring organizational conflict resolution through human relations in the banking sector

Increasing uncertainty and complexity in the operating environment of organizations provide fertile ground for the beginning of conflict in the workplace. This study was conducted to examine the effect of human relations in resolving conflicts in an organization using deposit money banks in Delta State as a case study. The study, anchored on the human relations theory, adopted the survey research design hence data were collected through the use of questionnaires as research instruments. The findings of the study indicate that human resources management style, employee job description, and alternative dispute resolution strategies all have positive effects on organizational conflict resolution in surveyed deposit money banks in Nigeria. The study therefore concludes that positive human relations is important in resolving conflicts in an organisation and recommends amongst others the need for management to adopt the use of alternative dispute resolution strategies to avoid the attendant costs and manhour lost inherent in litigations.

Dispute Resolution Strategy for the Transfer of Receivables Collection Rights (Cessie) Within a Credit Agreement in Indonesia Supporting Economic Growth

One of the strategies for resolving non-performing loans carried out by banks is by way of cessie, which transfers all rights and obligations of the old Creditor over the debtor to the new Creditor. However, banking institutions that have a strategic role in supporting the implementation of national economic development will not be separated from the problem of bad credit, which can one day lead to disputes in social life. The research method in this research is normative juridical and descriptive analysis. The research was conducted with a statutory and case approach. The data collection technique is done by literature and field studies. As in decision Number 18/Pdt.G/2017/Pnkwg, the results of this research are the Arrangement of Settlement of Bad Credit Banking through the Transfer of Receivables Collection Rights (Cessie) which is regulated in Article 613 of the Civil Code and The form of dispute is known that the Defendant has defaulted on his obligations which are used as an analysis of the judge's considerations and decisions related to the problematic transfer of receivables collection rights through cessie in the judicial process.

Human Relations and Organizational Conflict Resolution; A Study of Manufacturing Firms in Nigeria

Increasing uncertainty and complexity in the operating environment of organizations provide fertile ground for the beginning of conflict in the workplace. This study was conducted to examine the effect of human relations in resolving conflicts in an organisation using manufacturing firms in Delta State as a case study. The study, anchored on the human relations theory, adopted the survey research design hence data were collected through the use of questionnaires as research instrument. Findings of the study indicate that human resources management style, employee’s job description and alternative dispute resolution strategies all have positive effect in organizational conflict resolution in surveyed manufacturing firms in Nigeria. The study therefore concludes that positive human relation is important in resolving conflicts in an organistion and recommends amongst others the need for management to adopt the use of alternative dispute resolution strategies to avoid the attendant costs and manhour lost inherent in litigations

International Inclination Towards Online Dispute Resolution: Trends and Issues in Virtual Commerce of Pakistan

The quantity of traders is increasing in Pakistan day by day. Regulation of internet trading at the state level is an unavoidable reality. Online trading has been systematically included in the Online Dispute Resolution Scheme, which is an alternative dispute resolution format. Several multinational hawkers, such as Amazon and Ali Baba, are embracing ODR mechanisms to ensure trading is more resourceful and less reliant on traditional civil law remedies and time-consuming court procedures. This study includes observation of several industrialized countries and the international framework to introduce ODR as a paradigm. It includes an in-depth examination of online trade and ODR, as well as the reasons behind Pakistan's judiciary's unwillingness to include these entities in its legal scheme. It will deliberate the utilization of E-Mediation and E-arbitration and its connections to online trading. Moreover, certain examples will also support the article's goal, shortcomings, and limits as well as some recommendations for Pakistan.

ACCESS TO JUSTICE: A CRITICAL ANALYSIS OF KHYBER PAKHTUNKHWA ALTERNATE DISPUTE RESOLUTION ACT 2020

Alternate Dispute Resolution scheme is not a novel idea; rather it existed in diverse forms throughout history. These forms have been shaped by certain fundamental principles, aiming to provide socio-legal security to society in conjunction with the formal justice system. Many countries have adopted this complementary system as support to their judicial systems for needs of society. In order to assimilate this informal judicial system into, proper mechanism need to be established through legislation. However, instead of providing a comprehensive legislative framework, the Khyber Pakhtunkhwa Government has implemented an indemnified bureaucratic system, which crafted a pathway for sluggish litigation. This paper critically examines existing alternate dispute resolution mechanism of Khyber Pakhtunkhwa. Instead of supporting the existing adjudicating system, it undermines efficacy of existing legislations by ignoring role of stakeholders having experience and knowledge in the process of dispensation of justice. Therefore, it is suggested that apposite, bifurcated laws with discrete regulations be enacted for different categories of disputes. Furthermore, this mechanism should be implemented through the existing justice system to establish a dynamic framework for alternative dispute resolution. This approach will inculcate confidence in society, enabling them to embrace alternative dispute resolution without hesitation. Keywords: Alternative Dispute Resolution (ADR), Khyber Pakhtoonkhwa ADR Act, 2020, Critical Analysis of Khyber Pakhtoonkhwa ADR Act, 2020, Comparative study of Khyber Pakhtoonkhwa ADR Mechanism, Analytical study of Khyber Pakhtoonkhwa ADR Mechanism.

Applying Timor Leste Traditional Conflict Resolution on the Tigray War Conflict: Jaarsummaa and Qaalluu Method

<em>The Tigray War is an ongoing civil conflict that started on November 3, 2020, in Ethiopia's Tigray Region. The idea was first up in June 2005 by the International Criminal Court (ICC), which said that "normal procedures of conflict settlement may possibly meet the criteria for justice." By fusing well-established conflict settlement processes with local knowledge, this proclamation launches efforts by the international legal community to solve problems with peace and justice. On an international, regional, and national level, peace is said to be created by giving local people the tools they need to handle their own problems using conventional methods. This article examines the Gada system's Jaarsummaa and Qaalluu dispute resolution strategy, taking inspiration from Timor Leste traditional conflict resolution.</em>

Factors that Affect in Selecting the Most Appropriate Alternative Dispute Resolution Strategy for Construction Disputes

Disputes are inevitable in construction projects, and cost and time impacts are higher on a project’s performance and successful completion. Therefore, it is essential to prevent disputes from arising or resolve them efficiently once arise. Other than litigation, Alternative Dispute Resolution (ADR) strategies receive more attention from organizations due to efficiency in dispute settlement. However, when using ADR strategies for dispute resolution, it is vital to select the most suitable technique based on the dispute type and other goals of disputant parties. Therefore, the objective of this study was to identify the factors that impact selecting the most appropriate alternative dispute resolution strategy for construction disputes. By analyzing existing research published from 2019 to 2023, this study revealed three main factor categories that influence ADR selection decisions. Those factor categories are financial factors, organizational factors, and legal factors. This study further identified research gaps that need attention in future research.