An Analysis of the Role of Pension Funds Adjudicator in South Africa
This article examines the adjudication of complaints at the Office of the Pension Funds Adjudicator. The article looks at the appointment, powers and functions of the Adjudicator. Members are often not aware of what constitutes a complaint in terms of the Act and accordingly refer frivolous complaints to the Office of the Pension Funds Adjudicator causing unnecessary backlog. The article argued that the insertion of chapter VA has been successful in disposing complaints in procedurally fair, economical and expeditious manners. There are however, disputes that appear to fall within the jurisdiction of the Pension Funds Adjudicator and the Commission, Mediation and Arbitration, in order to evade confusion, this article shall determine which matters are out of the Jurisdiction of the Pension Funds Adjudicator so that members can lodge complaints with the appropriate and relevant forum. The article highlights the time-barring provisions and the implications thereof on the resolution of complaints in terms of the Act. DOI: 10.5901/mjss.2013.v4n13p817
ADR and the 'Vanishing Trial': The Growth and Impact of 'Alternative Dispute Resolution'
In the past quarter-century, significant changes have occurred in the ways lawyers approach conflict. There have been unprecedented efforts to develop strategies aimed at more efficient, less costly, and more satisfying resolution of conflict, including more extensive and appropriate use of mediation and other “alternative dispute resolution” (ADR) approaches. This study examines what we know and do not know about the growth and impact of ADR in federal and state courts, in the business sector, and in employment and consumer settings. The analysis examines the relationship between ADR and court trial, but also underlines the broader uses of and rationale for mediation and other process choices. Although there is clear positive evidence of cost and time savings and numerous other benefits of some court-annexed ADR programs, it is evident that much depends on the shape and structure of such programs. Studies of ADR in commercial sectors suggest that the use of mediation has grown in recent years, reflecting perceptions that it offers significant potential benefits to business. Some businesses have developed more integrated, systematic approaches to the management of conflict, although most appear to have taken a more ad hoc, reactive approach to dispute resolution. There are many different kinds of programs for the management of employee grievances, including stepped processes that usually resolve disputes without adjudication. Several scholars have begun to develop a body of data on experience and perceptions of employees and their counsel. The availability of data on investor/broker arbitration is critical for promoting transparency and fairness in the securities field. Lawyers have a growing number of tools for providing clients with appropriate ways of managing and resolving conflict, but we still have much to learn about these choices. Quantitative and qualitative research is essential to provide guideposts for the future.
Linguistic experts as semantic tour guides
This article examines the phenomenon of linguists testifying as experts on meaning in legal disputes over the interpretation of statutes, contracts, transcripts of tape-recorded conversations, and other important legal texts before courts in the USA. It concludes that there is an important role for linguists in such cases -- the role of the tour guide. It suggests that judges need not be concerned about linguists usurping the traditional roles of the judge and the jury as ultimate interpreters provided that the linguist's testimony is appropriately circumscribed.