Effectiveness of Arbitration as an Alternative Dispute Resolution in Bangladesh

Haq, Md. Nazmul; Ferdous, Jannatul; Das, Rajib Chandra

doi:10.24815/gaspol.v2i1.20876

Cited by 2 publications

(1 citation statement)

References 2 publications

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“…It also predicts attitude (Ibid.). The theory emerged from earlier research (Marzouk & Moamen, 2009;Thakur, 2014;Collis & Hussey, 2014;(Saunders, 2019)); the findings of which were largely conceived as a result of displeasure with conventional attitude behavior research (Haq, 2021).…”

Section: Theoretical Reviewmentioning

confidence: 99%

Influence of Perceived Benefits on the Adoption of Alternate Dispute Resolution Mechanisms by Trade Unions in Kenya

Khmis,

Ibua,

Kilungu

et al. 2024

SSMJ

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Alternative Dispute Resolution (ADR) are the methods of dispute resolution other than courtroom litigation. Reconciliation, mediation, arbitration, and traditional dispute settlement are all recognized ADR mechanisms under Kenya's constitution which is supreme. ADR mechanisms thus come into play in order to resolve disputes outside of court, such as arbitration or mediation. Trade Unions are associations of employees with the sole responsibility of negotiating for better conditions of work as well as social positions of employees through collective bargaining. Their approach can also be both constructive and destructive to organizational performance. (Kariuki, 2018). In Kenya, Alternative dispute resolution (ADR) mechanisms were formally recognized after the promulgation of the constitution in 2010 under Article 159(2)(C). The article prescribed that courts should be guided by the need to promote ADR. This was necessitated by delays in the resolution of employee complaints leading to poor organizational performance and failure by institutions to fully implement Collective Bargaining Agreements. There has also been a steady rise in labor disputes in Kenya, for instance, the rampant disputes and strikes witnessed from Universities Academic Staff, Kenya Medical practitioners and other unions. The study objective was to determine the influence of perceived benefits in the adoption of ADR mechanism by Trade Unions in Kenya. The study was done at Kenya National Union of Teacher Union in Kenya. Theoretically, the study was anchored on Reason Action Theory (TRA) and Social Influence Theory (SIT). The study found out that perceived benefits significantly influence adoption of ADR mechanisms in Trade Unions in Kenya. The study concluded that a policy document needs to be put in place to enlightened and guide the Trade Unions Officials on the adoption of ADR mechanisms in resolving industrial disputes. Since it was observed some respondents had less or no knowledge on the adoption of ADR by Trade Unions in Kenya. The study recommends Trade Unions should adopt the use of ADR mechanisms in resolving industrial disputes, ensure organizations are given more knowledge on the benefits of adopting ADR mechanisms, create policies on direction of ADR mechanisms, as well as investing in the right knowledge on adoption of ADR mechanisms to boost on adopting ADR mechanisms by Trade unions in Kenya. The study also gives suggestions for further research.

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Section: Theoretical Reviewmentioning

confidence: 99%

Influence of Perceived Benefits on the Adoption of Alternate Dispute Resolution Mechanisms by Trade Unions in Kenya

Khmis,

Ibua,

Kilungu

et al. 2024

SSMJ

View full text Add to dashboard Cite

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Present Conditions and Ensuring Rule of Laws at Local Level: A Case Study on Village Court

2023

AJSSLS

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This study examines, with particular attention to the Union Parishad in Bangladesh, what constitutes a critical role played by village courts when it comes to ensuring basic rule of law at grassroots level. Since there are no administrative units at village level, the rural local governance structure is driven by UPMs. The Village Court system established under the Gram Adalat (Village Court) Ordinance of 1976 and formalized through the Village Court Act of 2006, serves as a statutory formal court designed to alleviate the hardships faced by the rural poor within the formal judicial system. In order to increase justice delivery in rural areas and improve the resolution of disputes through Salish means, this research looks at how the village court has evolved since its inception in the late 1970s. The Bangladesh’s government has initiated a project called "Activating village courts" with support from the UNDP and the EU in order to reinforce its rural court system. The study, which was carried out in three unions at the Netrokona District, used a combination of methods on as approach to use both quantitative and Qualitative data obtained by Structured and Unstructured Surveys. The findings of the study are followed up by a set of recommendations and initiatives aiming to strengthen the ability of village courts to ensure rule of law at local level. The findings of this research show that village courts are playing a critical role in the Redemption of justice services effectively in rural Bangladesh, which emphasised their importance to broader efforts to encourage access to justice and democratic rights at grass roots level.

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Effectiveness of Arbitration as an Alternative Dispute Resolution in Bangladesh

Cited by 2 publications

References 2 publications

Influence of Perceived Benefits on the Adoption of Alternate Dispute Resolution Mechanisms by Trade Unions in Kenya

Influence of Perceived Benefits on the Adoption of Alternate Dispute Resolution Mechanisms by Trade Unions in Kenya

Present Conditions and Ensuring Rule of Laws at Local Level: A Case Study on Village Court

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