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An evaluation of alternative dispute resolution in the South African agricultural environment
Mini Dissertation (LLM (Alternative Dispute Resolution))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613665429028864 |
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| access_status_str | Open Access |
| author2 | Baboolal-Frank, Rashri |
| author_browse | Baboolal-Frank, Rashri |
| author_facet | Baboolal-Frank, Rashri |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Alternative Dispute Resolution))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/97046 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:45.647Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/97046 An evaluation of alternative dispute resolution in the South African agricultural environment Baboolal-Frank, Rashri lancasterc@tut.ac.za Lancaster, Claribel UCTD Alternative dispute resolution Mediation Arbitration Agriculture Regulatory framework Sustainable development goals (SDGs) SDG-12: Responsible consumption and production Law theses SDG-12 SDG-16: Peace, justice and strong institutions Law theses SDG-16 Mini Dissertation (LLM (Alternative Dispute Resolution))--University of Pretoria, 2024. The objective of this study was firstly to evaluate the current position of ADR within the legislative and policy framework specific to the agricultural industry in South Africa and, thereafter, to recommend ways to improve such framework. It is evident from research that the recognition and advocacy of ADR can better realise the constitutional right of access to justice as a dispute resolution method in the agricultural environment. Research further shows that national legislation and policy are insufficient to address the agricultural supply chain in addressing disputes by ADR. This practice allows for a speedier and more cost-effective dispute resolution. In the strive towards sustainable practices in the agricultural supply chain, the intervention of third-party audits and international business standards provide an ideal opportunity to enforce ADR as an accessible dispute resolution method where power imbalances and access to resources limit less powerful parties to a dispute, in solving the dispute in a fair and effective manner. Considering the current regulatory framework, recommendations to improve the use of ADR in the agricultural environment include the need for more robust research, involvement of DALRRD and state intervention on matters of ADR in agriculture, adding ADR as a preferred method of dispute resolution to industry standards, educating stakeholders in the supply chain on the benefits of using ADR, and more specific legislative changes. Procedural Law LLM (Alternative Dispute Resolution) Restricted Faculty of Laws 2024-07-15T13:56:34Z 2024-07-15T13:56:34Z 2024-09-03 2024-04-03 Mini Dissertation * S2024 http://hdl.handle.net/2263/97046 Disclaimer letter en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Alternative dispute resolution Mediation Arbitration Agriculture Regulatory framework Sustainable development goals (SDGs) SDG-12: Responsible consumption and production Law theses SDG-12 SDG-16: Peace, justice and strong institutions Law theses SDG-16 An evaluation of alternative dispute resolution in the South African agricultural environment |
| title | An evaluation of alternative dispute resolution in the South African agricultural environment |
| title_full | An evaluation of alternative dispute resolution in the South African agricultural environment |
| title_fullStr | An evaluation of alternative dispute resolution in the South African agricultural environment |
| title_full_unstemmed | An evaluation of alternative dispute resolution in the South African agricultural environment |
| title_short | An evaluation of alternative dispute resolution in the South African agricultural environment |
| title_sort | evaluation of alternative dispute resolution in the south african agricultural environment |
| topic | UCTD Alternative dispute resolution Mediation Arbitration Agriculture Regulatory framework Sustainable development goals (SDGs) SDG-12: Responsible consumption and production Law theses SDG-12 SDG-16: Peace, justice and strong institutions Law theses SDG-16 |
| url | http://hdl.handle.net/2263/97046 |