Parties In Dispute 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.

Understanding the Use of Practitioner Discretion in Screening ADR Services for Suitability: Results of a Pilot Study

Processes categorised under the banner of “ADR”, particularly mediation and conciliation, are increasingly relied upon by parties in dispute, both inside and outside of the formal justice system. Given that an ADR process may not always be appropriate for a given dispute, legislation often affords ADR practitioners discretion as to whether to offer (or continue offering) an ADR process. However, there is limited contemporary empirical evidence exploring how practitioners are making such decisions in practice. To build on existing empirical research, I conducted a pilot study of ADR practitioners in the form of a survey (n = 12) in the lead up to and during the National Mediation Conference 2021. The pilot study had several limitations, resulting on a majority of respondents (n=10) being Family Dispute Resolution Practitioners (‘FDRPs’). As such, the results of the pilot study have been limited to a discussion in the context of family law only. The pilot study asked practitioners a series of multiple-choice questions, with the opportunity to provide free-text responses, and asked the practitioners demographic and characteristic questions, before asking practitioners to identify factors which influence when and how ADR is offered or ceased to be offered to parties in a dispute. The results of the pilot study supports existing evidence that FDRPs can have very different approaches to how they use their discretion to offer dispute resolution, in the context of their requirements to assess suitability for dispute resolution under the Family Law Act 1975 (Cth) and associated regulations. I discuss the possible impacts of this potential inconsistency in practitioner discretion on parties and the legal system more generally and make suggestions for further research.

Principle of Good Faith in Peace Agreements via Mediation

Many people have selected mediation as a dispute resolution procedure to get the best agreement and solution. However, it is not uncommon for parties to fail to consistently implement an agreement reached through mediation. The purpose of this article is to examine the essence of peace agreements reached through mediation, as well as the importance of the principle of good faith as a form of protection for the parties involved in such agreements. This is normative research that takes both a statutory and conceptual approach. The exploration of data in the form of primary and secondary legal materials was carried out through a literature review and descriptive-qualitative analysis. The analytical results reveal that the mediation process, which concludes with a peace agreement, represents the end of a dispute based on the ideals of benefit and justice. On that premise, its execution must be based on the principle of good faith to provide legal protection to the parties, whether mediation takes place in or out of court. Good faith in implementing a peace agreement is interpreted as an attitude that develops within the parties in dispute to carry out their commitments as a moral obligation to obey and accomplish things that have been agreed upon voluntarily.

Bawaslu's Authority to Resolve Disputes on Elected Candidates Internal to Political Parties in the 2024 Legislative Election

The open proportional system used in the 2024 Legislative Election with the determination of elected legislative candidates within political parties based on the majority of votes has resulted in disputes over elected candidates within political parties. This research aims to determine the provisions governing procedures for resolving disputes between internal political party candidates and institutions authorized to resolve disputes. The research method used is normative with descriptive analysis looking at Bawaslu's authority in resolving cases based on reports from fellow legislative candidate members within the party. The authority to determine elected candidates as legislative members is in the hands of the KPU/KPUD in stages. Thus, political parties cannot intervene in this authority in any form. The research results found that Bawaslu as the institution responsible for supervising the stages or process of elections as attributed to the Election Law, should be able to handle or resolve disputes between internal legislative candidates of political parties because it is explicitly stated in the academic text of Law no. 7 of 2017 that Bawaslu received and reviewed reports regarding alleged violations of Election Administration Provisions because disputes over elected candidates within political parties were included in the election dispute regime and not the political party dispute regime. The conclusion of this research is that this type of dispute can occur in the election process, especially in the process of determining elected legislative candidates by the KPU, provincial KPU, district/city KPU.

Legal Effects of Default on Land and Building Sale and Purchase Agreement in PPJB

Along with the increase in property prices in Indonesia every year, many people choose to buy houses with installment payments. Therefore, the sale and purchase process is carried out by making an agreement, namely the Sale and Purchase Binding Agreement (PPJB) before the signing of the Sale and Purchase Deed (AJB). However, over time there is a problem where one party does not implement the contents of the agreement or is called default. This research was conducted with the aim of knowing how the legal consequences caused by defaults in land and building sale and purchase agreements and how to resolve disputes due to defaults in land sale and purchase agreements. Using normative juridical research methods, it can be concluded: 1. Legal consequences arising from default in a sale and purchase agreement, especially if one party does not implement the contents of the mutually agreed sale and purchase agreement, then the party has violated the agreement so that it is called committing a default act. 2. Settlement of disputes due to default in the sale and purchase agreement, can be done through deliberation from the parties for the settlement of the obligations of the parties in dispute to then be fulfilled / realized / paid by the parties who are considered in default. In addition, a party who feels aggrieved by the other party in the sale and purchase agreement, has the right to sue the other party who does not carry out the contents of the agreement through the intercession of a court judge or through existing legal channels.

Некоторые особенности решения имущественных и наследственных споров в горских словесных судах Кубанской и Терской областей в 1871–1918 гг.

The article studies some features of solving property and inheritance disputes in the mountain word courts of the Kuban and Terek regions in 1871–1918. The specifics of their activities are studied on the records and statistical materials of the Yekaterinodar, Maikop and Balalpashinsky mountain word courts (MWC) in the Kuban region and Khasav-Yurtovsky, Groznensky, Vedensky, Shatoevsky, Nalchik, Nazranovsky and in the Terek region. The models of decision-making on typologically similar disputes and conflicts and their forms of documenting them were characterized common for all MWC; the specifics of their traditional institutions of socio-normative culture and local peculiarities of dispute and conflict resolution were revealed. On the basis of the analysis of law enforcement practice of the mountain verbal courts, the list of types of civil disputes that they deal with is proposed. Interim measures applied by the verbal courts to enforce court decisions (arrest of the defendant’s property, sale of the debtor’s property from public tenders and auctions, etc.) are described. The grounds for termination of proceedings in civil cases have been identified. It was determined that pre-trial reconciliation of conflicting parties in civil and inheritance disputes was documented in the form of “amicable deals “amicable tales “amicable tales”. It was found that the final amount of material compensation (the main form of liability in the resolution of this category of disputes by the MWC) almost always consisted of two components: the cost of damage and the costs associated with the resolution of the dispute (the sum of all losses incurred by the injured party). The conclusion is made that among the positive effects of such activity was the consideration of regional and ethnic traditions in resolving disputes and conflicts, while the negative ones were the slowness of the MWC in making decisions, accumulation of unresolved cases, etc.

Global Stasis as a Party System, or Welcome to World Civil War I

Using the ancient Greek notions of ‘stasis’ and ‘polemos,’ the author shows that these two modes of war can merge and produce not only negative but also positive effects. Limited and controlled violence between “one’s own people” (stasis) proves to be less destructive than violence between “strangers” that is unlimited and uncontrolled (polemos). The author argues that actors involved in stasis can justifiably be identified as political parties. Some known ways to moderate party disputes and gear them towards the common good can be used in a global stasis. The best-known way is to create a relatively stable party system. Stability and predictability are best achieved in isolating systems that fix the qualitatively unequal status of individual parties and isolate them from the processes of coalition-building and political decision-making. The author shows that this strategy is increasingly being applied to Russia as an object of isolation; he sees no realistic scenarios either for ending the “global civil war” or for its participants to renounce the policy of isolation.

The role of the judiciary in the resolution of intra-party conflicts in Lesotho

Political parties play an integral role in modern democracies and are legitimate platforms of contestation for state power. Despite the vital role that political parties play in democratisation, they are often prone to internal disputes. Their internal processes, such as conferences, elections, decision-making and deployments, are often subject to contestation. Conflicts are inherent in political contestation in general and in political parties, in particular. Hence, political parties have several mechanisms for dispute resolution, one of which is the referral of disputes to the courts of law. The role of the courts in internal political party disputes is a double-edged sword. While a court provides an independent platform for resolving disputes, it lacks reconciliatory attributes. After court intervention, many political parties often break up into smaller parties or experience major defections. This phenomenon is more pronounced in Lesotho than elsewhere. Ever since the return to electoral democracy in 1993, the role of the courts in internal party disputes has increased phenomenally. However, instead of achieving cohesion and internal stability, political parties have experienced splits, exacerbated conflicts or significant defections after the referral of their internal disputes to the courts.

Limitation periods in consumer disputes

This contribution analyzes the court's ex officio obligations in consumer disputes regarding the statute of limitations within the Council Directive 93/13/EEC framework on unfair terms in consumer contracts and current legislation. It also considers recent case law developments. The statute of limitations aims to allow debtors to contest or confirm debts that they may not recall or that are disputed. However, the legislation infringes upon debtor autonomy by mandating protection, creating an asymmetry between suppliers and consumers. The concept of procedural protection for the weaker party in consumer disputes aligns with the EU's internal market's sustainable development. The court's ex officioconsideration of limitations is crucial in achieving this goal. Slovakia's entry into the EU led to adopting procedural protection measures, exceeding minimum harmonization standards, and fulfilling international obligations. Slovak civil legislation reflects the inequality between consumers and suppliers, resulting in specific substantive law derogations to address this disparity. Including a protective ex officio statute of limitations in consumer, disputes represent a baseline for consumer protection in civil court proceedings, offsetting debtor information deficits. This analysis reveals the coexistence of two fundamental principles in civil litigation: equality of parties and protection of the weaker party in consumer disputes. The court's ex officio approach upholds the principle of safeguarding the weaker party and enhances equality in dispute resolution. In conclusion, introducing an ex officio court obligation to apply the statute of limitations in consumer litigation guarantees consumer protection and is necessary to ensure weaker litigants' fundamental human right to a fair trial.

Participatory scenario planning as a useful method for transforming ocean conflicts: Insights from a small-scale fishing conflict in São Paulo coast, Brazil

There are several initiatives towards the science-policy interface and the co-production of knowledge, but there is still few methodological and empirically grounded guidance helping scientists to design and implement research that actively facilitate transformative changes in ocean conflicts. In this paper, we explore the potential of the participatory scenario planning tool in the transformation of a conflict case on small-scale fishing in Brazil. We highlight the lessons learned, potential, and challenges of the scenario planning approach for conflict transformation. Despite being an approach widely applied to coastal and marine environmental and management issues, the scenarios methodology has not been explicitly applied in conflict situations, with the parties in dispute, as we did. Our methodological approach consisted of a previous research stage, based on documental analysis, direct observation of meetings and semi-structured interviews, followed by a participatory scenario planning workshop. Our results show that the participatory scenario planning was able to find the common desires as well as the uncertainties that generated doubts, mistrust, and in many moments disagreements among different groups of stakeholders that were in conflict. Previous research and the employment of multiple methods to build the history of the conflict contributed to legitimate researchers' positionality, to know the parties involved and the power dynamics. We raised some questions to advance the understanding of how the participatory scenarios planning contribute to transforming ocean conflicts in a more critical and politicized view.

Politics' soldiers: party strife and Institutional relations in the Military Question context (Brazil, the 1880s)

Empire, precisely the so-called “military question”. In the historiography, the topic is understood as a turning point that eroded such relations, and approached as fundamentally corporative, or as an ominous sign of the growing incompatibility, since the Paraguayan War, between the officers, who inculcated modernizing expectations, and the monarchy’s political elite, represented as the bulwark of an archaic social order grounded in slavery. However, exploring the primary sources – particularly official documents, newspapers, and correspondence –, I intend to argue that the military question can only be understood bearing in mind the Empire’s complex institutional framework and the party dispute dynamics.

Tanggungjawab Sekretaris Desa Papringan Dalam Kasus Sengketa Tanah di Desa Papringan

The aim of this research is to determine the responsibilities and obstacles of the Papringan village secretary in cases of land disputes in Papringan Village. The research location is at the Papringan Village Office, Kaliwungu District, Semarang Regency. The research method used an empirical juridical legal science approach. Primary data was obtained through interviews, discussions with village secretaries, parties in land disputes, village communities to provide information regarding the resolution of land dispute cases through mediation. Secondary data was obtained from library literature. Data collection techniques used were literature studies, interviews and documentation. The qualitative descriptive data analysis technique used an interactive analysis model. The results of the research show that the responsibility carried out optimally by the village secretary can improve services, development and empowerment of the village both individually and in the village community, so that the implementation of the duties and functions of the village secretary in resolving land dispute cases is more focused in a planned, orderly manner in order to achieve the expected goals. The Village Secretary's responsibilities are carried out efficiently, effectively and are able to reduce the emergence of problems in resolving land dispute cases through mediation. The obstacles of the Papringan village secretary in the land dispute case in Papringan Village are internal and external factors. The conclusion of this research is that the responsibility of the village secretary in resolving land dispute cases in Papringan Village is good enough and optimal so that obstacles to resolving land dispute cases can be minimized.

LEGAL REVIEW RELATING TO CANCELLATION OF ARBITRATION AWARDS THAT ARE ALREADY POWERFUL (INKRACHT) AND FINAL RELATED TO ARBITRATION LAW NO. 30 OF 1999 CONCERNING ARBITRATION CASE STUDY PT. KRAKATAU POSCO AGAINST INDONESIAN NATIONAL ARBITRATION BOARD, DKK AT SERANG STATE COURT

In this thesis, the author discusses the determination of several deviations related to the cancellation of the Arbitration Award as regulated in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In this case, the parties and the judges themselves tend to ignore the existence of the Arbitration Institution, the agreement on the absence of an Arbitration Clause is considered a fake document and a deception by the Arbitration Applicant. Krakatau Posco (Arbitration Applicant) against the National Arbitration Board (Arbitration Respondent I) and PT. Krakatau Enggering (Respondent of Arbitration II) in Decision Number 105/Pdt.Arbt/2018/PN.Srg in Serang District Court Class IA. Arbitration clauses are carried out when the contract agreement is about to start between the two parties to avoid disputes before or after in the event of a dispute both parties must file the dispute at the Indonesian National Arbitration Board (BANI). The problems discussed in this thesis are regarding the Determination of Number 105/Pdt.Arbt/2018/PN.Srg. dated September 21, 2018, the judge considered that the absence of the Arbitration Clause was considered a false document and a ruse. The research method used in this thesis is normative juridical through a law approach. The sources used are in the form of secondary legal materials with library techniques that are analyzed qualitatively. The result of this study is the cancellation of the Arbitration decision which was granted by the Panel of Judges at the Serang District Court Class IA based on the fact that there was no Arbitration Clause agreement between the two parties wheKeywords: Arbitration Cancellation, Arbitration Clause

How is Corruption Portrayed in the Brazilian Media? An Analysis of Corruption in News Portals and Twitter

Considering that the media influence the construction and deconstruction of reality to operate in social narratives. This article analyzes the representation of corruption in the Brazilian media, especially in news portals and on Twitter. The main aim of the study is to capture the representation of corruption in contrast with the news portals and social media, in order to map the recurrences, scandals, actors involved, convergences, and divergences between the two communication vehicles. Results show that there is a different representation of corruption in the two kinds of media, which despite dialogizing with each other through the news grid, have different approaches. In the portals, corruption refers to the denunciation of scandals involving political actors and investigations, whereas on Twitter the phenomenon stands for morality, religiosity, party disputes, 2022 elections, and old scandals. The relevance of the study occurs when addressing the different forms that corruption takes in both environments.

How Oil Companies Spark Disputes in Nigeria: The Case of Energia and Ozegbe of Ogume

The role that oil companies have come to play in their host families in the process of tapping oil has come up for close scrutiny in this study. So much of the social instability and disequilibrium that have been experienced in the host families is traceable to the methodologies that the oil companies have used in governing their operations within the host communities. This study which adopts the doctrinal method surveys and interrogates the circumstances in which one of the fiercest land disputes in Ogbole Ogume in Ndokwa West Local Government Area, Delta State was sparked by the appearance of Energia Nig. Ltd in the Ogume-Emu space. The dispute brought into collision course, the Ossai Ogboso Onah and Umu-Ozegbe families and in the process, dragged in Ogbole, Okololi, Obodougwa and Emu communities into one of the most pernicious native wars upon the Ukwuani space. This study is circumscribed within the facts that arose in NWACC/46/2012 Moses Asuai Onowu & 2Ors v. Onyekachi Ossai & 3Ors which was filed before the Ndokwa West Area Customary Court holden at Utagba-Ogbe, kwale. It went on appeal before the Delta State Customary Court of Appeal, Cable Point, Asaba as Appeal No: DCCA/28A/2016 Moses Asuai Onowu & 2Ors v. Onyekachi Ossai & 3Ors and eventual ended up presently at the Court of Appeal, Asaba as Appeal No: CA/AS/265/2016 Onyekachi Ossai v. Moses Asuai Onowu & 2Ors before Justices Ignatius Igwe Aguba, Abimbola Osargue Obaseki-Adejumo and Misitura Bolaji-Yusuff (JJCA) delivering the lead judgment. The parties mentioned in this study are not fictitious as such attempt shall be made to focus more on the facts than the personages. The reasons that gave rise to the dispute shall be highlighted more than the natural persons and communities involved. It is noted that even though Energia Nig. Ltd was not made a party in the dispute, its role was palpable and the influence it wielded against the rightful owners of the land in dispute was also touchable. The subterranean influence it had over the decision making process at the various stages of the dispute was dominant even though it was not openly acknowledged by the Judges and the parties. The study finds that oil companies are indictable for sparking off disputes in Nigeria. They seem to regale in it. They seem to set one brother against the other and while the litigation runs through the tortuous layers of courts in Nigeria up to the Supreme Court, they gain firm control over the subject matter (res) of the litigation and tap the resources to their hearts’ content and neutralize the parties in dispute. They use ‘divide and rule’ and sometimes plot the elimination of whole communities in order for mindless exploitation of mineral resources to take place.

Paths leading contractual disputes to litigation

PurposeJudiciary plays a pivotal role in the overall development of a nation's economy and its involvement assures process transparency and impartiality. However, litigation is often expensive, uncertain and prone to delays. Notwithstanding such inherent challenges associated with litigation, it is observed that parties in construction disputes do resort to litigation. This study attempts to understand the potential paths triggering litigation of contractual disputes in construction. While extant researchers have identified focus areas or factors influencing litigation, the underlying paths connecting these focus areas, leading parties to litigation, is explored in this study.Design/methodology/approachConsidering the framework of Rachlinski's “framing theory of litigation” and the mixed-methods approach (qualitative and quantitative approaches), this study proposes and validates a model that identifies the paths to litigation of contractual disputes in construction.FindingsThe results of in-depth interviews, followed by validation through structural equation modelling (SEM), reveal four critical paths, namely positional focus (PF) – contract and dispute characteristics (CDC) – decision to litigate (DTL), milieu influence (MI) – CDC – DTL, MI-PF-DTL and CDC-DTL.Practical implicationsThe identified paths highlight the areas policymakers can consider while developing policy interventions to mitigate litigation.Originality/valueResearchers have identified factors causing litigation in construction. However, attempts to examine the existence of multi-factor “paths” on the decision to litigate (DTL) have hitherto received a muted response, so this study focuses on identifying the project-level path(s) leading to the litigation of contractual disputes in construction.

Protection Of The Parties In The Implementation Of The Ship Lease Agreement (Case Study Decision No.231 / Rev.G / 2020 / PN.JKT.UTR)

The mechanism of transfer of rights in the lease agreement can be done with several stages, namely: the transfer of rights to an object must be accompanied by the delivery of the object. Surrender in the process of handing over property rights cannot be done carelessly regardless of the law that regulates it. Deed of lease made by and before a notary. Settlement of disputes over the sale and purchase agreement of the ship can be done by: non-litigation dispute resolution i.e. settlement out of court by means of abritrase, negotiation, mediation, conciliation, expert assessment. Dispute resolution in court (litigation) is the process of dispute resolution in court all parties in dispute face each other to defend their rights in court by filing a civil lawsuit.. Based on decision number 231 / Pdt.G / 2020 / PN.Jkt.Utr legal protection provided that the parties can file a civil lawsuit to the court where the parties in dispute are PT.Indoraya Makmur Energi (Hamad Siri) as the plaintiff with Rachman Saleh (PT.Timas Merak) as the defendant in the decision of the case the judge has provided legal protection where: stating the defendant has defaulted to the plaintiff. Punish the defendant to pay the rent for the SPOB Pulomas 7 ship for 11 months starting from June 11, 2019 to May 11, 2020, which is Rp. 450,000,000 x 11 months = Rp. 4,950,000,000 (four billion nine hundred and fifty million rupiah).

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.

Administrative Litigation in Lawsuits Related to Administrative Decisions

The importance of administrative dispute is related to administrative decisions, as the latter poses the most important means for the administrative authority to perform its duties and provide public services. Given the frequent state intervention in public affairs and its regulation of the multiple aspects of individuals’ private lives through administrative decisions, numerous disputes may arise between the administration and individuals or other persons of public law. However, due to the ambiguity surrounding the term administrative dispute as legislative relevant statements are lacking, particularly concerning its concept and criterion for its distinction from the rest of disputes, as well as concerning the administrative dispute parties and its elements, the research study this subject through two topics, the first addresses the concept of administrative dispute and its characteristics, while the second deals with the persons of administrative dispute. The study concludes that administrative disputes may arise between an administrative authority and a private law person, or between two administrative parties, and administrative judges enjoy a broad competence in these types of disputes to rebalance the relation between both dispute parties. It also reached several recommendations which enhance the procedural aspects of administrative disputes when taking them into account, particularly in Iraq and the Kurdistan Region.

Ethical communication principles anew

Introduction. The article deals with a systematical approach towards organization of a successful communication, based on philosophical and ethical value-oriented assumptions. In order to achieve success in communications it is proposed to use four principles: 1) singularity of consciousness 2) awareness and self-awareness 3) time 4) consent. The proposed approach is compared to the rules, worked out by the professors of the chair for communication of the University of Texas S. Bibi and T. Motet. A synthesis of principles and rules is delivered as a result. Materials and Methods. The following methods of scientific acknowledgement are used to achieve the research objectives: system and comparative analysis, synthesis of Russian and foreign information sources on ethic-related communication principles as well as study of communication critical success factors. Based on comparison of the approaches towards the preparation of a communication act the author attempts to synthesize the list of criteria subject for consideration and planning by the communication participants. Results. As a result of the research the first four initial principles proposed by the author and five rules proposed by S. Bibi and T. Motet a new set of twelve criteria appeared to be considered as a communication control map elements for situations requiring special guarantees of communication quality as, for example, by the dispute parties in situations of conflict of interest during decision of complex issues of diplomacy, trade and state regulation. Discussion and Conclusions. Discussions and conclusions. Adherence to ethical principles and rules of communication can be of particular practical interest in processes of state and commercial governance. From the scientific point of view it is deemed expedient to define the limits of applicability of communicative acts as well as to consider the legal categories coming into play during the application of such principles.