Reforming the Approach to Alternative Dispute Resolution in Kenyan Industrial Disputes: A Comparative Analysis

 

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dc.contributor.advisor Fergus, Emma en_ZA
dc.contributor.author Abenga, Elvis Begi Nyachieo en_ZA
dc.date.accessioned 2016-05-20T10:01:45Z
dc.date.available 2016-05-20T10:01:45Z
dc.date.issued 2015 en_ZA
dc.identifier.citation Abenga, E. 2015. Reforming the Approach to Alternative Dispute Resolution in Kenyan Industrial Disputes: A Comparative Analysis. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/19743
dc.description.abstract Dispute resolution plays an important role in industrial relations. This is because conflicts are an inherent part in any relationship and industrial relationships are not exempt from this. To this end it is important to have a dispute resolution system that ensures efficient and effective resolution of disputes that arise in the course of industrial relationships. Efficient and effective dispute resolution is particularly important in the industrial relations arena as industrial relations attract various stakeholders, some who may not necessarily be a part of the dispute that arises, but who might inadvertently be affected in the situation of an unresolved dispute. Traditionally litigation has been the most commonly utilized medium of resolution of industrial disputes, with disputants rather choosing to take the dispute to the courts of law for adjudication and determination. However with the advent of alternative means of dispute resolution such as negotiation, mediation and arbitration, it has become paramount that these alternative dispute resolution methods be promoted for the reasons of expediency and efficiency. Regardless of the advent of such methods of dispute resolution, courts have still exercised some form of control and oversight of the dispute processes, and such oversight can be easily misused to defeat the main intention of having the alternative dispute resolution processes in the first place. This thesis discusses reforming the approach to alternative dispute resolution in Kenyan industrial disputes, so as to achieve maximum efficiency of the system. In doing this, the thesis does a comparative analysis of the systems of South Africa and Australia respectively. en_ZA
dc.language.iso eng en_ZA
dc.subject.other Dispute Resolution en_ZA
dc.title Reforming the Approach to Alternative Dispute Resolution in Kenyan Industrial Disputes: A Comparative Analysis en_ZA
dc.type Master Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Commercial Law en_ZA
dc.type.qualificationlevel Masters
dc.type.qualificationname MPhil en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Abenga, E. B. N. (2015). <i>Reforming the Approach to Alternative Dispute Resolution in Kenyan Industrial Disputes: A Comparative Analysis</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/19743 en_ZA
dc.identifier.chicagocitation Abenga, Elvis Begi Nyachieo. <i>"Reforming the Approach to Alternative Dispute Resolution in Kenyan Industrial Disputes: A Comparative Analysis."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2015. http://hdl.handle.net/11427/19743 en_ZA
dc.identifier.vancouvercitation Abenga EBN. Reforming the Approach to Alternative Dispute Resolution in Kenyan Industrial Disputes: A Comparative Analysis. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2015 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/19743 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Abenga, Elvis Begi Nyachieo AB - Dispute resolution plays an important role in industrial relations. This is because conflicts are an inherent part in any relationship and industrial relationships are not exempt from this. To this end it is important to have a dispute resolution system that ensures efficient and effective resolution of disputes that arise in the course of industrial relationships. Efficient and effective dispute resolution is particularly important in the industrial relations arena as industrial relations attract various stakeholders, some who may not necessarily be a part of the dispute that arises, but who might inadvertently be affected in the situation of an unresolved dispute. Traditionally litigation has been the most commonly utilized medium of resolution of industrial disputes, with disputants rather choosing to take the dispute to the courts of law for adjudication and determination. However with the advent of alternative means of dispute resolution such as negotiation, mediation and arbitration, it has become paramount that these alternative dispute resolution methods be promoted for the reasons of expediency and efficiency. Regardless of the advent of such methods of dispute resolution, courts have still exercised some form of control and oversight of the dispute processes, and such oversight can be easily misused to defeat the main intention of having the alternative dispute resolution processes in the first place. This thesis discusses reforming the approach to alternative dispute resolution in Kenyan industrial disputes, so as to achieve maximum efficiency of the system. In doing this, the thesis does a comparative analysis of the systems of South Africa and Australia respectively. DA - 2015 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2015 T1 - Reforming the Approach to Alternative Dispute Resolution in Kenyan Industrial Disputes: A Comparative Analysis TI - Reforming the Approach to Alternative Dispute Resolution in Kenyan Industrial Disputes: A Comparative Analysis UR - http://hdl.handle.net/11427/19743 ER - en_ZA


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