Contracts, Patronage and Mediation

Contracts, Patronage and Mediation PDF Author: Tuulikki Pietilä
Publisher: Springer
ISBN: 1137562323
Category : Social Science
Languages : en
Pages : 214

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Book Description
This book studies the long-term developments in the South African recording industry and adds to the existing literature an understanding of the prevalence of informal negotiations over rights, rewards and power in the recording industry. It argues that patronage features often infiltrate the contractual relationships in the industry.

Contracts, Patronage and Mediation

Contracts, Patronage and Mediation PDF Author: Tuulikki Pietilä
Publisher: Springer
ISBN: 1137562323
Category : Social Science
Languages : en
Pages : 214

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Book Description
This book studies the long-term developments in the South African recording industry and adds to the existing literature an understanding of the prevalence of informal negotiations over rights, rewards and power in the recording industry. It argues that patronage features often infiltrate the contractual relationships in the industry.

Contracts, Patronage and Mediation

Contracts, Patronage and Mediation PDF Author: Tuulikki Pietilä
Publisher: Palgrave Macmillan
ISBN: 9781349557158
Category : Social Science
Languages : en
Pages : 239

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Book Description
This book studies the long-term developments in the South African recording industry and adds to the existing literature an understanding of the prevalence of informal negotiations over rights, rewards and power in the recording industry. It argues that patronage features often infiltrate the contractual relationships in the industry.

An Evaluation of the Merits of Mandatory Mediation in Federal Government Contracting

An Evaluation of the Merits of Mandatory Mediation in Federal Government Contracting PDF Author: Christopher P. Smith (M. of Public Affairs)
Publisher:
ISBN:
Category :
Languages : en
Pages : 116

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Book Description
Traditionally, parties to a government contract have sought administrative or judicial review to resolve disputes; however, appeals to these courts are costly and may take years to reach a conclusion. Congress has encouraged the use of Alternative Dispute Resolution methods to resolve disputes arising in federal government contracting. Alternative Dispute Resolution includes a broad range of techniques, including mediation; however, use of Alternative Dispute Resolution to resolve disputes in contracting has focused on arbitration. Arbitration is the Alternative Dispute Resolution method most similar to a trial. Attorneys largely lead the resolution of these contractual disputes given their expertise in contract law. This expertise in contract law as well as comfort and familiarity with the litigation process may encourage attorneys to select arbitration over other means of Alternative Dispute Resolution that may be more beneficial to all parties. "Lawyers bred in litigation may not realize when one or more of the techniques in the ADR procedural array may be far preferable to court litigation, and they may take an unnecessarily narrow view of their clients' interests" (Section of Administrative Law and Regulatory Practice, 2001). "Arbitration has become expensive and time consuming because of increasing demands for discovery (a process through which both parties exchange information prior to an administrative or judicial hearing), which results in an unintended consequence of participants not fully engaging in Alternative Dispute Resolution processes. The increased costs of arbitration associated with the discovery process encourages disputants to forgo investing in Alternative Dispute Resolution methods and proceed directly to administrative or judicial hearings where the parties can get a final ruling on the merits of the case with limited appeals options. If Alternative Dispute Resolution is to fulfill its original mandate or promise, parties must find resolution before the parties even get to arbitration. To encourage a fuller exploration of other Alternative Dispute Resolution methods, federal contracts should include mandatory dispute avoidance measures and mediation. Mediation should be required before parties can proceed with a grievance or a lawsuit.

Mediation and Commercial Contract Law

Mediation and Commercial Contract Law PDF Author: Maryam Salehijam
Publisher: Routledge
ISBN: 1000262464
Category : Law
Languages : en
Pages : 155

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Book Description
There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition

Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition PDF Author: Rosen, Velazquez
Publisher: Wolters Kluwer
ISBN: 1543813240
Category : Arbitration agreements, Commercial
Languages : en
Pages : 2320

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Book Description
With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives. Note: Online subscriptions are for three-month periods. Previous Edition: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement ISBN: 9780735514782

The Role of Mediation in Resolving Contract Disputes

The Role of Mediation in Resolving Contract Disputes PDF Author: Michael C. Christian
Publisher:
ISBN: 9781423563914
Category : Dispute resolution (Law)
Languages : en
Pages : 123

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Book Description
Mediation has emerged as a preferred ADR method among commercial organizations involved in contract disputes. However, its use by the Navy has been rare. Mediation has shown to provide benefits to its commercial users such as: improved business relations, time and cost savings, flexibility and adaptability and superior control over outcomes. This thesis provides information on mediation and examines the differences and similarities between how commercial organizations and the Navy use mediation. The goal is to improve the Navy's use of mediation to resolve contract disputes. This research found, through survey results and the literature review, that as commercial organizations increase their use of mediation, they become familiar with the process and tend to reach higher levels of process and outcome satisfaction, making them more likely to continue its use. In order for the Navy to improve its use of mediation, it should use outside agencies to provide training, use contract clauses requiring its use and selecting mediators with adequate technical and legal background.

Crafting Effective Settlement Agreements

Crafting Effective Settlement Agreements PDF Author: Brendon Ishikawa
Publisher:
ISBN: 9781641050760
Category : Dispute resolution (Law)
Languages : en
Pages : 465

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Book Description


Changing Patrons: Social Identity and the Visual Arts in Renaissance Florence

Changing Patrons: Social Identity and the Visual Arts in Renaissance Florence PDF Author:
Publisher: Penn State Press
ISBN: 9780271048147
Category : Art
Languages : en
Pages : 304

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Book Description
To whom should we ascribe the great flowering of the arts in Renaissance Italy? Artists like Botticelli and Michelangelo? Or wealthy, discerning patrons like Cosimo de' Medici? In recent years, scholars have attributed great importance to the role played by patrons, arguing that some should even be regarded as artists in their own right. This approach receives sharp challenge in Jill Burke's Changing Patrons, a book that draws heavily upon the author's discoveries in Florentine archives, tracing the many profound transformations in patrons' relations to the visual world of fifteenth-century Florence. Looking closely at two of the city's upwardly mobile families, Burke demonstrates that they approached the visual arts from within a grid of social, political, and religious concerns. Art for them often served as a mediator of social difference and a potent means of signifying status and identity. Changing Patrons combines visual analysis with history and anthropology to propose new interpretations of the art created by, among others, Botticelli, Filippino Lippi, and Raphael. Genuinely interdisciplinary, the book also casts light on broad issues of identity, power relations, and the visual arts in Florence, the cradle of the Renaissance.

Contractual Duties

Contractual Duties PDF Author: Andrew Tettenborn
Publisher:
ISBN: 9780414025561
Category : Contracts
Languages : en
Pages : 760

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Book Description
This title offers a high level analysis of the law relating to the termination of contracts. It offers new and authoritative insights into how to proceed when contracts are beached or break down.

Give a Little Love

Give a Little Love PDF Author: Llewellin RG Jegels
Publisher: Taylor & Francis
ISBN: 1000886417
Category : Biography & Autobiography
Languages : en
Pages : 128

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Book Description
This is the true story of a standout artist in the field of pop and sentimental song; a star entertainer who rose to fame in Cape Town, South Africa. The world reflected in this book has several genealogical strands reaching back to other histories – to the nineteenth century theatre, to the rise of racism in South Africa, and the ways people were forced to negotiate the contradictions of being human against impossible odds. We encounter a biographer with a subject which is close to him, and which he has meticulously researched over a course of time. The book offers insights into the musical world of the phonograph, of the global popular culture after the Second World War and how this was absorbed into Cape Town’s popular culture.