Managing a conflict: optimal alternative dispute resolution

Balzer, Benjamin; Schneider, Johannes

doi:10.1111/1756-2171.12374

Cited by 12 publications

(5 citation statements)

References 30 publications

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“…The area of perceived benefits has been the subject of numerous studies, (Schneider, 2021) focused on the impact of viewed importance on the use of the ADR mechanism, a finding that may be explained by the lack of research on the determinants influencing Trade Unions in Kenya to adopt ADR mechanism. However, when examining other literature on change and adoption, viewed advantages have a significant influence on whether a mechanism, approach, or innovation is adopted (Mucheru, 2019).…”

Section: Introductionmentioning

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: Introductionmentioning

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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“…Due to the increasing practice of dispute resolution, every individual has the right to find out and pay more attention to dispute resolution through scientific journals [7]. Third, dispute resolution has tremendous benefits, such as reducing hostility among the community and preventing mutual reports and beatings between individuals [8].…”

Section: Introductionmentioning

confidence: 99%

Bibliometric Analysis of Research Development of Economic Dispute Settlement

Apriantoro¹,

Suryaningsih²,

Muthoifin³

2023

Proceedings of the 5th International Graduate Conference in Islam and Interdisciplinary Studies, IGCIIS 2022, 19-20 October 202

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Economic Dispute Resolution is analyzed using bibliometric studies to clarify data on this theme based on the number of times published per year, publishers, and network analysis to identify related documents. This research uses bibliometric analysis with quantitative methods from bibliographic data collected from the Scopus database. This research was evaluated and grouped to produce impact and direction regarding this Economic Dispute Resolution, including topic clarification to explain the results of the existing analysis. This research used R and Rstudio, VOSviewer, and Microsoft Excel. We found that the Journal of World Trade and the Journal of Advanced Research in Law and Economics were the most relevant journals on Economic Dispute Resolution. This study puts forward three essential themes of economic dispute resolution research: 1) Conflict Management, 2) Dispute Resolution, and 3) International Relations. This research only analyzed data from the Scopus database. The dataset analyzed is limited to the author, number of citations, year of publication, type of document published annually, and country of issue.

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“…Binding arbitration of disputes among partners is one of the most prominent forms of alternative dispute resolution (ADR)-a variety of dispute-resolution services providing an alternative to traditional litigation. 1 Over the past few decades, ADR has become an integral part of the legal system in many countries, and providing ADR services is a large industry (see, e.g., Balzer and Schneider, 2021).…”

Section: Introductionmentioning

confidence: 99%

“…In a recent work, Van Essen and Wooders (2016) study a dynamic auction for efficiently dissolving a partnership. 10 Beyond the application of arbitration to the resolution of partnership disputes that may result in dissolution, Balzer and Schneider (2021) use a mechanism-design approach to study various ADR methods in general. They identify the methods that yield the highest early settlement rates between a plaintiff and a defendant.…”

Section: Introductionmentioning

confidence: 99%

“…Over the past few decades, ADR has become an integral part of the legal system in many countries, and providing ADR services is a large industry (see, e.g., Balzer and Schneider, 2021). US federal district courts began developing ADR procedures as early as the 1970s, but the popularity of ADR took off in response to the Civil Justice Reform Act of 1990.…”

Section: Introductionmentioning

confidence: 99%

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Efficient resolution of partnership disputes

Fershtman,

Szabadi,

Wasser

2023

The RAND J of Economics

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We study efficient resolution of partnership disputes in which, departing from the partnership dissolution literature, dissolution need not be efficient. We characterize which disputes can be resolved efficiently under both one‐ and two‐sided private information, and show that unless a partnership is sufficiently ineffective, efficient resolution is impossible. We propose simple dispute‐resolution procedures implementing the efficient outcome whenever possible. Finally, we characterize second‐best mechanisms when efficient resolution is impossible and private information is one sided.

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Managing a conflict: optimal alternative dispute resolution

Cited by 12 publications

References 30 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

Bibliometric Analysis of Research Development of Economic Dispute Settlement

Efficient resolution of partnership disputes

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