ALTERNATIVE DISPUTE RESOLUTION IN ENHANCING GOVERNANCE & REPUTATION

Slides:



Advertisements
Similar presentations
Designing an Internal ADR Program
Advertisements

Chapter 24 Resolving Disputes. IR covers 1)Collective bargaining 2)Role of management, unions and government 3)Mechanism of resolving disputes 4)Grievances.
Resolving Disputes at Work The Role of Acas in UK Employment Relations Peter Monaghan Senior Adviser Acas Manchester.
Workplace Disputes Topic 4: Human Resources Strategies in human resource management.
Mediating Corporate Governance Disputes An international Experts Workshop organised by the Global Corporate Governance Forum Mediation and Arbitration.
Consumer ADR in the UK Gregory Hunt, Head of Business Relationships The Chartered Institute of Arbitrators.
10-1 McGraw-Hill/IrwinCopyright © 2009 by The McGraw-Hill Companies, Inc. All Rights Reserved. fundamentals of Human Resource Management 4 th edition by.
1-1 Human Resource Management Gaining a Competitive Advantage Chapter 10 Employee Separation and Retention McGraw-Hill/Irwin Copyright © 2008 by The McGraw-Hill.
Political and Legal Environments Evaluate the main political systems Identify origins of political risk and how its effects can be managed Review common.
ARBITRABILITY OF CORPORATE DISPUTES IN UKRAINE Shareholder Disputes in Arbitration Vilnius, Lithuania 21 October 2010.
Implementing article 33 of the Convention: cases, positions and lessons Linnéa Arvidsson Regional Office for Europe UN Human Rights.
CHANGING APPROACHES IN INDUSTRIAL RELATIONS THE REPUBLIC OF IRELAND/NORTHERN IRELAND AND THE UK 21 ST November 2005 LEGAL DEVELOPMENTS MARGUERITE BOLGER,
1 ALTERNATIVE DISPUTE RESOLUTION OECD CONFERENCE Den Hague 11./12. December 2000 Constanze Picking DaimlerChrysler for GBDe IN E-COMMERCE.
By Aidan, Lochie, Curtis. WORKPLACE DISPUTES  Negotiation: Is a method of compromising disputes within a workplace. This easygoing approach usually.
Resolving Disputes in the Workplace Policy and Legislation Gail Davis Deputy Director, Dispute Resolution Employment Relations.
The Use of Mediation in the UK. Trade Union Approach Policies negotiated between the trade union side and the management side Grievances - written statement.
THE ROLE OF THE NATIONAL INSTITUTE FOR CONCILIATION AND ARBITRATION IN THE SOCIAL DIALOGUE IN BULGARIA NIKOLA KONDEV NICA, Bulgaria.
1 Human Resource Management The purpose of this chapter is to thoroughly familiarize you with the human resource management process and the role of the.
Business Law with UCC Applications, 13e
Dr. Kariuki Muigua, Ph.D. THE CONSTITUTION OF KENYA, 2010 Opportunities for Architects and Engineers DR. KARIUKI MUIGUA,Ph.D.
ANNUAL CONFERENCE CARRIBEA BAY RESORT, KARIBA 3 OCTOBER 2014.
The Jordanian Initiative Jordan Securities Commission Elias Tarawneh Attorney at Law.
Unit 4 Area of Study 1 Booklet 1.3 Answers. Advantages of ADR ADR (mediation, conciliation, arbitration) is a MUCH LESS FORMAL compared to the adversarial.
ADR How did we get here?. Increase in court filings Increase demand due to increase population, growth in economy, greater regulation, access.
Alternative Dispute Resolution (ADR) Pages
Civil Trial Procedure By: Anthony Franco, Luis Bonaparte, Eric Mathiau, & Josue Lecodet.
ALTERNATIVE METHODS OF DISPUTE RESOLUTION (ADR). WHY IS ADR NEEDED? Courts expensive Courts time-consuming Courts traumatic Public hearings bring unwelcome.
Courts and Alternative Dispute Resolution Chapter 2.
By Paramita Khisa.  VCAT and court use a range of methods to resolve criminal and civil disputes.  Criminal cases are solved by the judge in courts.
An Scoil Dli, UCDUCD School of Law Decision Making in the Context of the Administrative Sanctions Procedure A programme for Inquiry Members of the Financial.
AS LAW: English Legal System Alternative Dispute Resolution  Understand why the use of alternative methods of dispute solving are rising in popularity,
Presented by: CS. JACQUELINE WAIHENYA MAINA Advocate, Commissioner for Oaths & Notary Public, CPS(K), MCIArb [ Arbitration & Adjudication ], CPM-MTI [
CORPORATE GOVERNANCE SEMINAR Building Corporate Reputation Through Good Governance Relationship Between Board and Management February 25 – 27, 2015 at.
PRESENTED BY CS JACQUELINE WAIHENYA MAINA SENSITIZATION SEMINAR 30 TH OCTOBER, 2015 ELDORET CERTIFIED SECRETARIES : IMPACT & OPPORTUNITIES UNDER THE NEW.
Law LA1:Dispute Resolution THE CIVIL JUSTICE SYSTEM DISPUTE RESOLUTION.
Mediation in Latvia: roots, progress and perspective Dana Rone, Lecturer of Turība University.
Introduction to Legal Studies LAWS 1000 – End of Year Review: 2 nd Semester Materials.
PRESENTED BY CS JACQUELINE WAIHENYA MAINA SENSITIZATION SEMINAR 30 TH OCTOBER, 2015 ELDORET THE COMPANIES ACT, 2015 The Institute of Certified Public Secretaries.
INSTITUTE OF CERTIFIED PUBLIC SECRETARIES OF KENYA Corporate Secretarial Seminar Venue: Sarova Panafric Hotel, Nairobi Session: Role of the CS in promoting.
CONCILIATION  Third party assists in the process of enabling parties to reach a decision between themselves.  Third party does not make a decision 
AN OVERVIEW OF ALTERNATIVE DISPUTE RESOLUTION (ADR) MECHANISMS BY MUENI MUTUNGA.
Employee Separation and Retention
Industrial Relations This is the term used to describe the relations between the management of a firm and its employers.
Rise in Non-Standard Forms of Employment (NSFE)
Presented by: Antony N. Gichia Regional Audit Center Mombasa
Human Resource Management
Follow chain of command
Extending Your Reach The Public Services Ombudsman Legislation
10 Developing Employees For Future Success What Do I Need to Know?
CAPACITY BUILDING PROGRAMME ON BOARD INDUCTION AND EVALUATION
PRE-FILING DISPUTE RESOLUTION
CHAPTER 6 WORKPLACE RELATIONS.
Regulatory Adjudication in Resolution of Disputes
CHAPTER ONE OBJECTIVE AND GOAL
Employment Law and Labor Relations in Mexico
AVOID THE IMPASSES PANEL & GET A DEAL WITH FMCS!
SIMAD UNIVERSITY Keyd abdirahman salaad.
CS DR. Kariuki Muigua, Ph.D., FCPS(K), FCIArb (Chartered Arbitrator).
SIMAD UNIVERSITY Keyd abdirahman salaad.
Canadian Law.
Judicial, Administrative, Alternative, and Online Dispute Resolution
Digital Justice for Consumers:
ALTERNATIVE DISPUTE RESOLUTION.
Alternative Dispute Resolution
The role of VCAT.
Alternative Dispute Resolution
Civil Pretrial Practice
Primer on Dispute System Design
The Chartered Institute of Arbitrators (CIArb)
ALTERNATIVE DISPUTE RESOLUTION
Presentation transcript:

ALTERNATIVE DISPUTE RESOLUTION IN ENHANCING GOVERNANCE & REPUTATION ICPSK SEMINAR ON BUILDING CORPORATE REPUTATION THROUGH GOOD GOVERNANCE HELD ON 26 – 27 FEBRUARY 2015 AT SERENA BEACH RESORT & SPA, MOMBASA. ALTERNATIVE DISPUTE RESOLUTION IN ENHANCING GOVERNANCE & REPUTATION Presented by: CS. JACQUELINE WAIHENYA MAINA Advocate, Commissioner for Oaths & Notary Public, CPS(K), MCIArb [Arbitration & Adjudication], CPM-MTI [Mediation] 0725519058 /+254 - 041 2311060 waihenya@jwmadvocates.com/ jackeewmaina@gmail.com

Governance Corporate Governance has been defined as the system by which corporations, companies or organizations are directed controlled and held to account. It can also be defined as the manner in which the power of, and power over, a corporation is exercised in the stewardship of its assets and resources so as to increase and sustain shareholder value as well as satisfying the needs and interests of all stakeholders.

Corporate Reputation: Companies' reputations are coming under attack from "small-scale adversaries in command of a surprisingly potent new- media and social network arsenal, viz., blogs, tweets, text messages, online petitions, Facebook protest sites, and digital videos".

Corporate reputation will be affected adversely arising out of:- Employer - Employee Conflict; Employee - Employee Conflict; Boardroom Conflict; or Regulator Actions.

Cost of Conflict:

Surveys by The Center for Creative Leadership and Eckerd College in St Surveys by The Center for Creative Leadership and Eckerd College in St. Petersburg, Florida indicate that managers spend between 20 and 40 percent of their time dealing with conflict.

Direct costs of conflict are generally observable, measurable and accrue over time. Let’s take the following example of the cost of losing a single mid- level employee due to conflict within a hypothetical organization, applying the Dana Cost Calculator from figures generated by HR Magazine in February 2003:   employee’s annual salary: $80,000; multiply by 1.4 (140%) as the investment you have in the employee: $112,000;  multiply by 1.5 (150%) as the cost of replacing the employee: $168,000;  multiply by .6 (60%) average role of conflict in voluntary terminations: $100,800.  Now, multiply times the number of voluntary terminations in your organization annually. Say you have a 10% turnover rate in a company of 100 employees that’s 10 employees. 10 X $100,800 = $1,008,000. 

25th October 2014

16th February 2014

9th September 2012

What is ADR? The term "alternative dispute resolution" or "ADR" is often used to describe a wide variety of dispute resolution mechanisms that are short of, or alternative to, full-scale Court processes.

ADR Mechanisms: ADR systems may be generally categorized as:- Negotiation; Conciliation; Mediation; or Arbitration.

Legal Framework for ADR in Kenya Applicable legislation for application of ADR in Kenya includes:- The Constitution of Kenya, 2010; The Arbitration (Amendment) Act, 2009 (Kenyan); The Civil Procedure Act Cap 21 (Laws of Kenya) See Order 46

22nd February 2015

What can ADR do? Within the context of rule of law initiatives, ADR programs can: Support and complement court reform; By-pass ineffective and discredited courts Increase popular satisfaction with dispute resolution Increase access to justice for disadvantaged groups; Reduce delay in the resolution of disputes; Reduce the cost of resolving disputes.

Limitations of ADR ADR Programs may be ineffective or even counterproductive in serving some rule of law objectives. ADR is not an effective means to:- Define, refine, establish & promote a legal framework; Redress pervasive injustice, discrimination or human rights problems; Resolve disputes involving disputants or interested parties who refuse to participate in the ADR process.

4th January 2015

A Case Study: Digital Migration Standoff 11th January 2013

16th February 2015