REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION最新文献_第3页

Negotiation for human beings: what, why, and how? 人类的谈判:什么，为什么，如何?

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2022-12-01 DOI: 10.52028/rbadr.v4i8.2

A. Verma

{"title":"Negotiation for human beings: what, why, and how?","authors":"A. Verma","doi":"10.52028/rbadr.v4i8.2","DOIUrl":"https://doi.org/10.52028/rbadr.v4i8.2","url":null,"abstract":"The golden words of Kabir Das , “Kya leke aaya jagat mein, kya leke jaega, do din ki zindagi hai, do din ka mela” indubitably manifests that the life is too short to indulge in conflicts. However, conflicts do happen. No human being has control over it. A new way forward is to resolve the dispute with the help of negotiation, which is the most common and informal form of dispute resolution. Compared to processes using neutral “third parties”, negotiation has the advantage of allowing the parties themselves to control the process as well as the outcome. The negotiation between Nelson Mandela and the South African Government illustrates the success of world’s best peaceful diplomatic negotiation in putting an end to racial discrimination, where violence seemed inevitable. However, the whole process involved around 60 meetings over a span of 10 years, which reflects the fact that the art of negotiation demands considerable preparation and lots of patience. Taking into consideration the huge variation in negotiation dynamics across contexts, suggesting a single script to the negotiators on how to go about the process cannot be contemplated. However, this article attempts to elaborate the various stages of negotiation in the order in which they are most commonly used. In this article, the author catalogues several approaches, strategies, styles and techniques to have a successful negotiation, and their usage which primarily varies from one case to another, and especially upon the parties’ perceived relative strengths during the bargaining process. Further, the author endeavours to deduce ways to determine the alternatives and achieve the best optimum solution by identifying the best alternative to the negotiated agreement (BATNA).","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114965803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Conciliation and mediation hearings by videoconference in São Paulo State: Benefits and disadvantages according to empirical reports from judicial conciliators and mediators 在<s:1>圣保罗州通过视频会议进行调解和调解听证会:根据司法调解员和调解员的经验报告得出的利弊

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2022-12-01 DOI: 10.52028/rbadr.v4i8.8

Heitor Oliveira, Paulo C Dias

{"title":"Conciliation and mediation hearings by videoconference in São Paulo State: Benefits and disadvantages according to empirical reports from judicial conciliators and mediators","authors":"Heitor Oliveira, Paulo C Dias","doi":"10.52028/rbadr.v4i8.8","DOIUrl":"https://doi.org/10.52028/rbadr.v4i8.8","url":null,"abstract":"The present empirical research, of qualitative nature, aims to collect reports of the professional experience of conciliators and judicial mediators who conducted conciliation and mediation hearings at a distance, by videoconference, within the scope of the Court of Justice of São Paulo State, notably from the COVID-19 pandemic advent, in order to carry out a theoretical and practical analysis of possible benefits and disadvantages in performing the act by virtual modality. To achieve the proposed objective, data were obtained from an online form consisting of a semi-structured questionnaire with eight open questions, sent by link to the CEJUSCs of the São Paulo State and forwarded to the respective conciliators and mediators. The survey remained open to responses from June 6 to 24, 2022, and fifty respondents were obtained. As a result of the research, it was evident that the vast majority of conciliators and mediators who answered the form evaluate the virtual hearings in a very satisfactory way and, despite some disadvantages pointed out, believe that the practice will tend to continue even after the pandemic period.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126280866","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A Modernized Pathway to Institutionalization and Privatization of Mediation in India 印度调解制度与民营化的现代化路径

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2022-12-01 DOI: 10.52028/rbadr.v4i8.12

Yonghwan Choung, S. Kumari

引用次数: 0

A victim-sensitive approach towards victim - Offender mediation in crimes: an analysis 犯罪中被害人与罪犯调解的被害人敏感视角分析

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2022-12-01 DOI: 10.52028/rbadr.v4i8.7

Golda Sahoo

引用次数: 0

Patent Dispute settlement through Arbitration and the public policy concerns 专利纠纷仲裁与公共政策问题

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2022-12-01 DOI: 10.52028/rbadr.v4i8.11

Sawmya Suresh, J. Nair

{"title":"Patent Dispute settlement through Arbitration and the public policy concerns","authors":"Sawmya Suresh, J. Nair","doi":"10.52028/rbadr.v4i8.11","DOIUrl":"https://doi.org/10.52028/rbadr.v4i8.11","url":null,"abstract":"India is a developing nation, which had shown both progress and decline in economy over the years. Intellectual property rights are considered as an important asset of a nation. National legislations are made in par with the international conventions and treaties, more concentration on the industry and investments are needed for the development of the nation. Patent legislations changed on basis of the national and international needs. The monopoly right granted for an invention is on the basis of their intellectual skill. Patent dispute settlement mechanisms are mainly patent office through controller of patent, District Court & High Court and the patent tribunals. Patent is granted for 20years in India. The patent holder can utilize the same within this short span of time. Hence all the patent holders and the public challenging the validity of the patent, expect a speedy justice in patent disputes. This research paper addresses the question as to whether subject matters that can be referred for arbitration can be limited on grounds of public policy. Further the paper will address the issues as to whether arbitration can be effective mechanism for settling patent disputes in India.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126305443","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Resolving disputes with an healing effect: the practice of mediation in India 以治愈效果解决纠纷:印度的调解实践

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2022-12-01 DOI: 10.52028/rbadr.v4i8.4

A. Chakraborty, S. Sarker

引用次数: 0

Navigating the Practicalities of Achieving Diversity in Arbitration 导航实现仲裁多样性的实用性

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2022-12-01 DOI: 10.52028/rbadr.v4i8.3

Animesh Bordoloi

{"title":"Navigating the Practicalities of Achieving Diversity in Arbitration","authors":"Animesh Bordoloi","doi":"10.52028/rbadr.v4i8.3","DOIUrl":"https://doi.org/10.52028/rbadr.v4i8.3","url":null,"abstract":"Available literature highlights that though most countries had their own form of private dispute settlement, similar to an unorganized form of arbitration, the development of modern international commercial arbitration, as it exists today, dates back to several concrete steps taken in the twentieth century by Western countries. Decades later, this Western influence continues to be highly pervasive, and is one of the important contributing factors for practitioners from such regions enjoying the greatest number of appointments as arbitrators. This has led to serious debates revolving around diversity and inclusivity in arbitral tribunals. Through this research paper, the authors attempt to examine the various factors that affect these ideas of ‘inclusivity’ as well as ‘diversity’, and how these ideas are consistent or inconsistent with the fundamental principles underlying arbitration. The paper discusses various initiatives that have been undertaken to increase all forms of diversity – of nationality, race, gender, culture, and so on- and then evaluates the effectiveness of the same. It also analyzes the idea of ‘familiarity’ in appointment of arbitrators, including the idea of an arbitrator’s previous experience, and if at all it would be fair to ask parties to give up on their autonomy while pushing for diversity in the tribunal. The research is premised on the hypothesis that there exists an inherent tension between these ideas. Given that most legislations recognize the autonomy of contracting parties are extremely essential, any initiative seeking to increase diversity might turn out to be a complex one. The authors also discuss, as a case study, the structure of the Indian judicial system, which in the absence of any definite setup has struggled to create and sustain diversity, particularly from the gender vantage. The paper concludes by discussing plausible solutions, structures and stakeholders, which if identified, as well as regulated efficiently, can play a significant role in pushing for such changes.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128455753","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

'Mediation’ as an Alternative Dispute Settlement Mechanism under the Consumer Protection Act 2019: An Analysis “调解”作为2019年《消费者保护法》下的一种替代性纠纷解决机制:分析

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2022-12-01 DOI: 10.52028/rbadr.v4i8.10

Sangeeta Taak

引用次数: 0

Scope of counterbalancing public policy and execution of foreign arbitral awards in India 印度平衡公共政策的范围与外国仲裁裁决的执行

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2022-12-01 DOI: 10.52028/rbadr.v4i8.6

A. Ghose, Aamir Ali

引用次数: 0

The Role of Trade Unions as a Subject of Social Partnership in Resolving Labour Disputes 工会作为社会伙伴关系的主体在解决劳资纠纷中的作用

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2022-07-15 DOI: 10.52028/rbadr.v4i7.9

O. Yaroshenko, O. Moskalenko, O. Sereda, M. Inshyn, Y. Burniagina

{"title":"The Role of Trade Unions as a Subject of Social Partnership in Resolving Labour Disputes","authors":"O. Yaroshenko, O. Moskalenko, O. Sereda, M. Inshyn, Y. Burniagina","doi":"10.52028/rbadr.v4i7.9","DOIUrl":"https://doi.org/10.52028/rbadr.v4i7.9","url":null,"abstract":"The relevance of this scientific work which focuses on trade unions as subjects of social partnership to resolve labor disputes lies in the need to enhance the role of trade union organisations in the mechanism of implementation of social partnership activities in resolving labour disputes. The purpose of this article is to conduct an analysis of trade union activities in general, highlighting its main characteristics and principles on which such activities are based, and also to investigate what is the role of trade unions as the subjects of social partnership. The scientific work was aimed at revealing both theoretical and practical aspects. Such methodological approaches include theoretical and methodological, dialectical and methodological, deduction method, induction method, logical analysis method, synthesis method, and others. Thus, in the course of the research, it was revealed that trade unions play a rather important role in the formation of civil society and in improving the mechanism of social and labour relations. In addition, the mechanism of trade unions as subjects of social partnership in resolving labour disputes was analysed in detail, and the problems that stand in the way of the proper functioning of participation of trade union organisations in social partnership were identified. The results of the study will contribute to the development of methodological recommendations to help resolve problems related to trade union participation in social partnerships and to enhance the role of cooperation between trade unions and employers in the settlement of labour disputes.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123198054","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0