Critical Review of Adjudication and Mediation Methods of Dispute Resolution In Terms Of Time, Costs, Effectiveness and the Overall Interests of the Parties (Published)
This paper identifies the positive and negative aspects of adjudication and mediation as alternative methods of construction dispute resolution to arbitration and litigation. Upon examination of relevant literature, judicial findings, and anecdotal evidence, it is evident that adjudication and mediation have proven to be less adversarial and more efficient and cost effective approaches to resolving disputes in the Industry. With the recent improvements in the adjudication process, these have resulted in reducing the incidence of court hearings, and maintaining a working relationship between contracting parties for present and future project purposes. This research information will allow parties in dispute situations to understand such aspects, and make an informed decision as to which dispute resolution process may best suit their interests, and the interests of those concerned.
Keywords: Adjudication, Adjudicator, Arbitration, Cash flow, Claim, Construction Act, Contract, Cost, Dispute, Jurisdiction, Litigation, Mediation, Mediator, Natural Justice, Notice, Scheme, Summary Judgement, Time, Without Prejudice
The study addresses the Jerusalem Municipality and the political conflict over Palestine during the British Mandate, 1918-1948. The Municipality has been established in 1863 during the Ottoman rule in order to provide services to the local residents. The first elections for the municipal council were held in 1908, which continued duties until the advent of the British occupation, 1917. The study mentions the shift from service provision objectives to political objectives, and how it became the scene of rivalry and conflict between the various Palestinian powers. This conflict led to split of the whole Palestinian nationalist movement, and diverted the Municipality from its original purposes, so it became a political platform for the opposition. Moreover, the British exploited this conflict to their favor and canceled the municipal elections, which have not been held until 1927. The British authorities inflamed the political dispute between parties of the Palestinian nationalist movement, thus making the Municipality the cause of the political conflict.
The general impression created is that cultural norms used in dispute resolution in chiefs’ courts in Ghana violate women’s rights. Analysis of these norms and proceedings in chiefs’ courts is important because chiefs’ courts play a tremendous role in dispute resolution among the ethnic groups. The units of analyses are Anlo and Asante of Ghana. The findings of the research are that chiefs’ courts do not discriminate against women in gender neutral cases and that the bias occurs when the case is gender sensitive. Women also have limited participation as decision-makers in chiefs’ courts, a factor, among others, that may contribute to the bias against them. There is need to modernise operations in chiefs’ courts to make it gender friendly. Moreover, since gender issues tend to affect women’s property rights, and are often used as central reference points for the handling of disputes, there is need for social re-orientation of people. The research is significant because, inter alia, it contributes towards the strengthening of procedures in chiefs’ courts, and in the reform of cultural norms/laws/principles that are gender discriminatory