Seeking silence: Settlement confidentiality: The convergence of public and private employment dispute resolution

2004 ◽  
Vol 22 (10) ◽  
pp. 177-180
Keyword(s):  
Dispute Resolution ◽  
Public And Private ◽  
Private Employment

Business Diplomacy: Pursuing Public and Private Benefits and Promoting Dispute Resolution

2013 ◽  
Vol 2013 (1) ◽  
pp. 15211
Author(s):  
Michelle Karen Westermann-Behaylo ◽  
Kathleen Rehbein ◽  
Timothy L. Fort
Keyword(s):  
Dispute Resolution ◽  
Private Benefits ◽  
Public And Private

scholarly journals Principal-Agent Relation and Contracting-out for Employment Case Management to Enable Third-Country Nationals’ Transition to Work

2019 ◽  
Vol 12 (2) ◽  
pp. 9-28
Author(s):  
Esien Eddy Bruno
Keyword(s):  
Case Management ◽  
Research Approach ◽  
Human Beings ◽  
Public And Private ◽  
Contracting Out ◽  
Transition To Work ◽  
Private Employment ◽  
The Government ◽  
Employment Agencies

AbstractThis paper analyzes the role of public and private employment-service agencies in contracting-out for employment case management under principal-agency relation to understand young third-country immigrants’ transition to work in Czechia, Poland, and Hungary. Existing research pointed to contracting-out as a major trend in public-service reforms when the government (principal) hires private employment agencies (agents) to perform service delivery, but overall the control of standards and the accountability to the public remains with the authority. Although the principal-agency relation shows human beings as rational and opportunist in corporate governance, there is still little research in CEE countries explaining the role of public and private employment agencies under principal-agency relation in contracting-out for case management to understand young third-country immigrants’ transition to work. Based on a qualitative cross-national case-oriented research approach with fewer-country comparison, documents and scholastic texts are collected and analyzed by means of a document and content analysis technique to fill in this gap. The findings show that open information, regulation, and monitoring administrative devices are a major perceived influence in principal-agency relational governance with a lack of cooperation that may impair the quality and service when looking at issues such as employment-related transition of young third-country immigrants and socio-economically disadvantaged groups in a contracting-out setting. The study demonstrated certain decentralized new public administration governance similarities but dissimilarities from the country’s institutional context. The outcome points to regulatory administrative devices to target agencies’ behavior and young vulnerable people’s need for paid work. This is relevant to performance monitoring in contemporary fluid society targeting benefits and scarce resources that may not only constrain ethnic minorities’ upward mobility, but the economy and the social cohesion process.

Private or public adjudication? Procedure, substance and legitimacy

2021 ◽  
pp. 1-23
Author(s):  
Yarik Kryvoi
Keyword(s):  
Dispute Resolution ◽  
Case Law ◽  
Private Institutions ◽  
Public And Private ◽  
The Rule Of Law ◽  
Policy Goals ◽  
Resolution System ◽  
The Cost ◽  
Procedural Outcomes ◽  
Dispute Resolution System

Abstract This article identifies the essential differences between public and private adjudication and their implications for the legitimacy and efficiency of dispute resolution institutions, as well as the rule of law. Public adjudication comes at a significant cost for the taxpayers but helps secure a consistent body of case law, promotes public policy goals, and allows third parties to know the rules of conduct in advance to prevent undesirable activities. This article shows that procedural rules of these institutions (regardless of whether the procedure is called adjudication or arbitration) differ when it comes to the appointment of adjudicators, their professional background, and how long they serve. Public and private institutions consistently follow different approaches to transparency and confidentiality of proceedings, the application of primarily substantive rules or principles to resolve disagreements, and the extent to which decisions can be reviewed internally or externally. By examining the procedural rules and practices of selected institutions, the article asserts three main claims. First, the choice of public or private adjudication is likely to lead to different procedural outcomes, including the cost of the process and the duration. Second, the legitimacy of any dispute resolution system must rest on both procedural and substantive aspects, while in reality these two are often viewed in isolation. Finally, the article shows how institutions could learn from each other to become more efficient and strengthen their legitimacy.

International Dispute Settlement in an Evolving Global Society: Constitutionalization, Accessibility, Privatization

2006 ◽  
Vol 39 (1) ◽  
pp. 221-223
Author(s):  
Margaret E. McGuinness
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Science Literature ◽  
Social Scientists ◽  
Comprehensive Overview ◽  
Global Society ◽  
Public And Private ◽  
Interstate Relations ◽  
International Court ◽  
International Dispute

International Dispute Settlement in an Evolving Global Society: Constitutionalization, Accessibility, Privatization, Francisco Orrego Vicuña, Cambridge: Cambridge University Press, 2005, pp.xxiii, 156.This compilation of the author's 2001 Hersch Lauterpacht Memorial Lectures at Cambridge provides a comprehensive overview of the methods and modes of international dispute settlement. Included in the broad survey are the central public and private dispute resolution processes at the United Nations and the International Court of Justice (ICJ), regional arrangements, national jurisdictions and private party-to-party arrangements. The book achieves its stated goal of identifying trends and provoking discussion of ways in which international dispute resolution can be improved, and in the process has created a useful primer on transnational dispute settlement for social scientists. The lectures have been supplemented with footnotes and the book includes a comprehensive bibliography that includes most of the important recent works in the international law literature on dispute resolution. The strength of the volume lies in its discussion of private dispute resolution and its interplay with public institutions, an area that is often ignored or played down in political science literature focused on state-to-state legal arrangements and interstate relations.

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