Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 8424

Search results for: mediation factors

8424 Court-Annexed Mediation for International Commercial Disputes in Asia: Strengths and Weaknesses

Authors: Thu Thuy Nguyen

Abstract:

In recent years, mediation has gained a great attention from many jurisdictions thanks to its advantages. With respect to Asia, mediation has a long history of development in this region with various types to amicably settle disputes in civil and commercial issues. The modern mediation system in several Asian countries and territories comprises three main categories, namely court-annexed mediation, mediation within arbitral proceedings and institutional mediation. Court-annexed mediation (or in-court mediation) is mediation conducted by the court in the course of judicial procedures. In dealing with cross-border business disputes, in-court mediation exposes a number of advantages in comparison with two other types of mediation, especially in terms of enforcement of final result. However, the confidentiality of mediation process in subsequent judicial proceedings, qualifications of court judges and the issue of recognition and enforcement of foreign judgment are normally seen as drawbacks of court-annexed mediation as in court-annexed mediation judges will be casts as dual roles as both mediator and ultimate adjudicator in the same dispute. This paper will examine the strengths and weaknesses of in-court mediation in settling transnational business disputes in selected Asian countries, including China, Hong Kong, Japan, Singapore and Vietnam.

Keywords: court-annexed mediation, international commercial disputes, Asia, strengths and weaknesses

Procedia PDF Downloads 237
8423 Mediation in Turkish Health Law for Healthcare Disputes

Authors: V. Durmus, M. Uydaci

Abstract:

In order to prevent overburdened courts, rising costs of litigation, and lengthy trial resolutions, the Law on Mediation for Civil Disputes was enacted, which was aimed at defining the procedure and guiding principles for dispute resolutions under Civil Law, in 2012. This “Mediation Code” also applies for civil healthcare disputes in Turkey. Aside from mediation, reconciliation, governed by Articles 253-255 of Criminal Procedure Law, has emerged as an alternative way to resolve criminal medical disputes, but the difference between mediation and conciliation is mostly procedural. This article deals with mediation in Turkish health law and aspect of medical malpractice mediation in Turkey. In addition, this study examines the issue of mediation in health law from both a legal and normative point of view, including codes of mediation which regulate both the structural and professional practice of mediation providers. As a result, although there is not official record about success rate of medical malpractice litigations and malpractice mediation in Turkey, it is widely accepted that the success rate for medical malpractice cases is relatively low compared to other personal injury cases even if it is generally considered that medical malpractice case filings have gradually increased recently. According to the Justice Ministry’s Department of Mediation in Turkey, 719 civil disputes have referred to mediators since 2013 (when the first mediation law came into force) with a 98% success rate.

Keywords: malpractice mediation, medical disputes, reconciliation, health litigation, Turkish health law

Procedia PDF Downloads 245
8422 Mediation in Turkey

Authors: Ibrahim Ercan, Mustafa Arikan

Abstract:

In recent years, alternative dispute resolution methods have attracted the attention of many country’s legislators. Instead of solving the disputes by litigation, putting the end to a dispute by parties themselves is more important for the preservation of social peace. Therefore, alternative dispute resolution methods (ADR) have been discussed more intensively in Turkey as well as the whole world. After these discussions, Mediation Act was adopted on 07.06.2012 and entered into force on 21.06.2013. According to the Mediation Act, it is only possible to mediate issues arising from the private law. Also, it is not compulsory to go to mediation in Turkish law, it is optional. Therefore, the parties are completely free to choose mediation method in dispute resolution. Mediators need to be a lawyer with experience in five years. Therefore, it is not possible to be a mediator who is not lawyers. Beyond five years of experience, getting education and success in exams about especially body language and psychology is also very important to be a mediator. If the parties compromise as a result of mediation, a document is issued. This document will also have the ability to exercising availability under certain circumstances. Thus, the parties will not need to apply to the court again. On the contrary, they will find the opportunity to execute this document, so they can regain their debts. However, the Mediation Act has entered into force in a period of nearly two years of history; it is possible to say that the interest in mediation is not at the expected level. Therefore, making mediation mandatory for some disputes has been discussed recently. At this point, once the mediation becomes mandatory and good results follows it, this institution will be able to find a serious interest in Turkey. Otherwise, if the results will not be satisfying, the mediation method will be removed.

Keywords: alternative dispute resolution methods, mediation act, mediation, mediator, mediation in Turkey

Procedia PDF Downloads 293
8421 Discursive Psychology of Emotions in Mediation

Authors: Katarzyna Oberda

Abstract:

The aim of this paper is to conceptual emotions in the process of mediation. Although human emotions have been approached from various disciplines and perspectives, e.g. philosophy, linguistics, psychology and neurology, this complex phenomenon still needs further investigation into its discursive character with the an open mind and heart. To attain this aim, the theoretical and practical considerations are taken into account both to contextualize the discursive psychology of emotions in mediation and show how cognitive and linguistic activity expressed in language may lead to the emotional turn in the process of mediation. The double directions of this research into the discursive psychology of emotions have been partially inspired by the evaluative components of mediation forms. In the conducted research, we apply the methodology of discursive psychology with the discourse analysis as a tool. The practical data come from the recorded mediations online. The major findings of the conducted research result in the reconstruction of the emotional transformation model in mediation.

Keywords: discourse analysis, discursive psychology, emotions, mediation

Procedia PDF Downloads 67
8420 The Economic Impact of Mediation: An Analysis in Time of Crisis

Authors: C. M. Cebola, V. H. Ferreira

Abstract:

In the past decade mediation has been legally implemented in European legal systems, especially after the publication by the European Union of the Directive 2008/52/EC on certain aspects of mediation in civil and mercantile matters. Developments in international trade and globalization in this new century have led to an increase of the number of litigations, often cross-border, and the courts have failed to respond adequately. We do not advocate that mediation should be promoted as the solution for all justice problems, but as a means with its own specificities that the parties may choose to consider as the best way to resolve their disputes. Thus, the implementation of mediation should be based on the advantages of its application. From the economic point of view, competitive negotiation can generate negative external effects in social terms. A solution reached in a court of law is not always the most efficient one considering all elements of society (economic social benefit). On the other hand, the administration of justice adds in economic terms transaction costs that can be mitigated by the application of other forms of conflict resolution, such as mediation. In this paper, the economic benefits of mediation will be analysed in the light of various studies on the functioning of justice. Several theoretical arguments will be confronted with empirical studies to demonstrate that mediation has significant positive economic effects. The objective is to contribute to the dissemination of mediation between companies and citizens, but also to demonstrate the cost to governments and states of still limited use of mediation, particularly in the current economic crisis and propose actions to develop the application of mediation.

Keywords: economic impact, litigation costs, mediation, solutions

Procedia PDF Downloads 214
8419 Intercultural Competence in Teaching Mediation to Students of Legal English

Authors: Paulina Dwuznik

Abstract:

For students of legal English, the skill of mediation is of special importance as it constitutes part of their everyday work. Developing the skill of mediation requires developing linguistic, communicative, textual, pragmatic, interactive, social, and intercultural competencies. The study conducted at the Open University of the University of Warsaw compared the results of a questionnaire concerning the needs of legal professionals relating to mediation tasks, which they perform at work with the analysis of the content of different legal English handbooks with special stress on the development of intercultural competence necessary in interlinguistic mediation. The study found that legal English handbooks focus mainly on terminology study, but some of them extend students' intercultural competence in a way which may help them to perform tasks of mediating concepts, texts, and communication. The author of the paper will present the correlation between intercultural competence and mediation skill and give some examples of mediation tasks which may be based on comparative intercultural content of some chosen academic legal English handbooks.

Keywords: intercultural competence, legal English, mediation skill, teaching

Procedia PDF Downloads 77
8418 The Mediator as an Evaluator: An Analysis of Evaluation as a Method for the Lawyer’s Reform to Mediation

Authors: Dionne Coley B. A.

Abstract:

The role of a lawyer as a mediator is to be impartial in assisting parties to arrive at a decision. This decision should be made in a voluntary and mutually acceptable manner where the mediator encourages the parties to communicate, identify their interests, assess risks and consider settlement options. One of the key components to mediation is impartiality where mediators are to have a duty to remain impartial throughout the course of mediation and uphold an “objective” demeanor with both parties. The question is whether a mediator should take on evaluative role while encouraging the parties to come to a decision. This means that the mediator would not only encourage dialogue and responses between the parties but also assess and provide an opinion on the matter. This paper submits the argument that the role of a mediator should not be one of evaluation as this does not encourage the dialogue, process or desired outcomes associated with mediation.

Keywords: evaluation, lawyer, mediation, reform

Procedia PDF Downloads 356
8417 Economic Impact of Mediation: Analyzing the Strengths and Weaknesses of Portuguese Mediation System

Authors: M. L. Mesquita, V. H. Ferreira, C. M. Cebola

Abstract:

Mediation is an increasingly important mechanism, particularly in the European context, as demonstrated, for example, by the publication by the European Union of the Directive 2008/52/EC on certain aspects of mediation in civil and mercantile matters. Developments in international trade and globalization in this new century have led to an increase of the number of litigations, often cross-border, and the courts have failed to respond adequately. From the economic point of view, competitive negotiation can generate negative external effects in social terms. Not always the solution found in court is the most efficient solution taking into account all elements of society. On the other hand, the administration of justice adds in economic terms transaction costs that can be mitigated by the application of other forms of conflict resolution, such as mediation. In this paper, the economic benefits of mediation will be analysed in the light of various studies on the functioning of justice. Several theoretical arguments will be confronted with empirical studies to demonstrate that mediation has significant positive economic effects. In the Portuguese legal system, legislative frameworks for mediation display a state committed to creating a new architecture for the administration of justice, based on the construction of a multi-faceted legal system for dispute resolution mechanisms. Understanding the way in which the system of mediation in Portugal was introduced, allows us to point out that our internal ordering is creating the legal instruments which can assist citizens in the effective protection of their rights. However, data on the use of mediation in concrete proceedings and the consequent effectiveness of mediation in settling disputes, reveal a mechanism that is still far from the ideal results that were initially sought.

Keywords: access to justice, alternative dispute resolution, mediation, litigation

Procedia PDF Downloads 96
8416 Mediation of the Middle Eastern Crises and Economic Growth: An Application of Times Series Analysis

Authors: Gokhan Erkal, Gulsen Aydin, Muge Yuce, Lokman Sahin

Abstract:

This study aims to analyze the impacts of involving in mediation of conflicts in the Middle East from the perspective of the economic growth of the mediators. The Middle East is a highly volatile region of the world with rampant crises whose affects spill beyond its borders. Therefore, management and resolution of the conflicts in the region are of great significance. Mediation is an instrument used for abating violence and settling dispute. The recourse to mediation has grown to an important degree in recent years. However, for mediators, it is a daunting task to involve in the mediation of the deadlocks in the Middle East. This study tries to shed light on the positive correlation between economic growth of the mediator and the successful outcome of the mediation process to provide motivation for mediators. To this end, first, it briefly introduces the conflicts ongoing in the region and their negative impacts. Second, the methodology, time series analysis, and the data to be used, International Crisis Behavior Project Data, are presented. Third, the empirical test is carried out and the findings are evaluated. The conclusion highlights the benefits of successful mediation for the economic growth of the mediators of Middle Eastern crises.

Keywords: international crises, mediation, Middle East, times series analysis

Procedia PDF Downloads 103
8415 The UN Mediation in the Armed Conflict of Nepal and El Salvador: A Cross-Regional Comparative Perspective Study

Authors: Anu S. Krishna

Abstract:

The paper tries to analyse the UN involvement/intervention in the case of intra-state armed conflict of El Salvador and Nepal comparatively. The peace mission in El Salvador is considered to be the most successful missions of UN ever since it started involving in the peace-building activities. Meanwhile, in the armed conflict of South Asian country, Nepal, the result seemed to be disappointing in comparison with its counterpart. The study on this paper takes three variables as the success or failure of international mediation, i.e., a) signing of the peace agreement, b) disarmament/demobilization and c) constitutional mechanism. A significant amount of scholarship looks at the case of ONUSAL (United Nations Mission in El Salvador). Meanwhile, the armed conflict of Nepal and the role of UNMIN (United Nations Mediation in Nepal) are under researched so far. The paper thus tries to throw light on these cross-regional contexts that share certain similarities and dissimilarities in the nature of conflict. In addition, the international third-party involvement and their way of approaching both the cases differ, which again affected the mediation outcome. The paper tries to argue that, since the approach of the UN led international mediation in theses peace missions were contextual and varied from case to case, thus, finally affected the mediation outcome too.

Keywords: Nepal, UNMIN, El Salvador, ONUSAL, international mediation, armed conflict

Procedia PDF Downloads 326
8414 Mediation as an Effective Tool for Resolving Sports Disputes

Authors: Mohd Akram Shair Mohamad

Abstract:

The relation to the infinite variety issues sprouting in sports or lex sportiva, like lex mercatoria in the early centuries, has now come of age and even begun a maturing process in the past thirty-five years or so. Lex sportiva now straddles sports management, sports medicine, tort, criminal law, employment contract, competition law and a host of multifarious activities related to sports. This has catapulted a host of legal issue and problems, demanding urgent legal solutions to actual or potential disputes. This paper discusses the nature and development of lex sportiva, and how it is able to resolve sports disputes. Resolving sports dispute via the tiresome, dilatory and expensive process of litigation is most unsuitable. Arbitration may not be equally a satisfactory solution. The paper strongly advocates the far the most effective and resolution friendly mode of settling sports disputes namely, mediation. In support it highlights numerous advantages mediation has to offer and with reference to many significant sports disputes which had been successfully resolved via mediation.

Keywords: alternative dispute resolution, mediation, arbitration, litigation

Procedia PDF Downloads 355
8413 Mediation Models in Triadic Relationships: Illness Narratives and Medical Education

Authors: Yoko Yamada, Chizumi Yamada

Abstract:

Narrative psychology is based on the dialogical relationship between self and other. The dialogue can consist of divided, competitive, or opposite communication between self and other. We constructed models of coexistent dialogue in which self and other were positioned side by side and communicated sympathetically. We propose new mediation models for narrative relationships. The mediation models are based on triadic relationships that incorporate a medium or a mediator along with self and other. We constructed three types of mediation model. In the first type, called the “Joint Attention Model”, self and other are positioned side by side and share attention with the medium. In the second type, the “Triangle Model”, an agent mediates between self and other. In the third type, the “Caring Model”, a caregiver stands beside the communication between self and other. We apply the three models to the illness narratives of medical professionals and patients. As these groups have different views and experiences of disease or illness, triadic mediation facilitates the ability to see things from the other person’s perspective and to bridge differences in people’s experiences and feelings. These models would be useful for medical education in various situations, such as in considering the relationships between senior and junior doctors and between old and young patients.

Keywords: illness narrative, mediation, psychology, model, medical education

Procedia PDF Downloads 295
8412 The Effectiveness of Computerized Dynamic Listening Assessment Informed by Attribute-Based Mediation Model

Authors: Yaru Meng

Abstract:

The study contributes to the small but growing literature around computerized approaches to dynamic assessment (C-DA), wherein individual items are accompanied by mediating prompts. Mediation in the current computerized dynamic listening assessment (CDLA) was informed by an attribute-based mediation model (AMM) that identified the underlying L2 listening cognitive abilities and associated descriptors. The AMM served to focus mediation during C-DA on particular cognitive abilities with a goal of specifying areas of learner difficulty. 86 low-intermediate L2 English learners from a university in China completed three listening assessments, with an experimental group receiving the CLDA system and a control group a non-dynamic assessment. As an assessment, the use of the AMM in C-DA generated detailed diagnoses for each learner. In addition, both within- and between-group repeated ANOVA found greater gains at the level of specific attributes among C-DA learners over the course of a 5-week study. Directions for future research are discussed.

Keywords: computerized dynamic assessment, effectiveness, English as foreign language listening, attribute-based mediation model

Procedia PDF Downloads 67
8411 The Influence of Parental Media Mediation on Adolescents Risky Media Use: Controlled vs. Autonomy Supportive Strategies

Authors: Jeffrey L. Hurst, Sarah M. Coyne

Abstract:

With the growth of technology and media, teens are increasingly exposed to media such as pornography and engaging in risky media use such as sexting. Parental media mediation strategies including controlling or autonomy supporting strategies can be an important protective factor against risky media uses. The purpose of this study is to examine how parental media mediation around media, influence adolescents’ behaviors including frequency of pornography use and sexting. We also examine the effects of parental media mediation on adolescents disclosing pornography use to parents and the amount of secrets that adolescents keep about pornography use. We hypothesize that controlling media mediation will result in more sexting, more frequency pornography use, more secrets about pornography and less disclosure to parents. We also predict that autonomy supportive media mediation will show the opposite pattern. Data for this study came from a nationally representative research project, Project M.E.D.I.A. Participants included 783 adolescents. 49% of the participants were male, and the mean age for boys was 15.44 years (SD= 3.34) and for girls was 15.3 years (SD=2.93). Parental media mediation was assessed using an eight-item measure with subscales of controlling and autonomy supporting media mediation. Participants were also asked if they have ever viewed pornography. If they answered yes, they were asked about the frequency of pornography use as well as if they have ever kept secrets from their parents about it and if they had ever disclosed their pornography use to their parents. The data analysis strategy for this study was a multiple group path analysis. Frequency of pornography use, sexting, secrets from parents and disclosure to parents were predicted by controlling and autonomy supporting parental media mediation, frequency of parents warning against pornography use, income and ethnicity. Groups were distinguished by boys and girls, allowing for sex differences. After running the model in MPLUS, we found partial support for our hypotheses. Autonomy supportive media mediation resulted in less sexting for boys (β= -.15, p < .05) and girls ( β= -.13, p < .05). Autonomy supportive media mediation also predicted keeping fewer secrets for girls (β=-.27, p < .01) but had no effect for boys. Controlling media mediation predicted more disclosure about pornography to parents for boys (β=.16, p < .05) and less disclosure to parents about pornography for girls (β=-.14, p < .05). Frequency of pornography was not predicted by any of the predictors in the model. Autonomy supportive media mediation was a very strong predictor of less sexting for both boys and girls. Parents should approach media mediation with this supportive and understanding mindset. Parental autonomy support allows adolescents to explore and develop their own moral beliefs without feeling guilt or shame from their parents. This need to have autonomy is also shown by girls disclosing less pornography use to their parents when parents are really controlling about media use. Interestingly, boys disclosed more to their parents when their parents were controlling. Further research is needed on why this is. Further research should also look at the effects that disclosing pornography use to parents has on future pornography use.

Keywords: media, moral development, parental mediation, pornography, sexting

Procedia PDF Downloads 79
8410 Using the Theory of Reasoned Action and Parental Mediation Theory to Examine Cyberbullying Perpetration among Children and Adolescents

Authors: Shirley S. Ho

Abstract:

The advancement and development of social media have inadvertently brought about a new form of bullying – cyberbullying – that transcends across physical boundaries of space. Although extensive research has been conducted in the field of cyberbullying, most of these studies have taken an overwhelmingly empirical angle. Theories guiding cyberbullying research are few. Furthermore, very few studies have explored the association between parental mediation and cyberbullying, with majority of existing studies focusing on cyberbullying victimization rather than perpetration. Therefore, this present study investigates cyberbullying perpetration from a theoretical angle, with a focus on the Theory of Reasoned Action and the Parental Mediation Theory. More specifically, this study examines the direct effects of attitude, subjective norms, descriptive norms, injunctive norms and active mediation and restrictive mediation on cyberbullying perpetration on social media among children and adolescents in Singapore. Furthermore, the moderating role of age on the relationship between parental mediation and cyberbullying perpetration on social media are examined. A self-administered paper-and-pencil nationally-representative survey was conducted. Multi-stage cluster random sampling was used to ensure that schools from all the four (North, South, East, and West) regions of Singapore were equally represented in the sample used for the survey. In all 607 upper primary school children (i.e., Primary 4 to 6 students) and 782 secondary school adolescents participated in our survey. The total average response rates were 69.6% for student participation. An ordinary least squares hierarchical regression analysis was conducted to test the hypotheses and research questions. The results revealed that attitude and subjective norms were positively associated with cyberbullying perpetration on social media. Descriptive norms and injunctive norms were not found to be significantly associated with cyberbullying perpetration. The results also showed that both parental mediation strategies were negatively associated with cyberbullying perpetration on social media. Age was a significant moderator of both parental mediation strategies and cyberbullying perpetration. The negative relationship between active mediation and cyberbullying perpetration was found to be greater in the case of children than adolescents. Children who received high restrictive parental mediation were less likely to perform cyberbullying behaviors, while adolescents who received high restrictive parental mediation were more likely to be engaged in cyberbullying perpetration. The study reveals that parents should apply active mediation and restrictive mediation in different ways for children and adolescents when trying to prevent cyberbullying perpetration. The effectiveness of active parental mediation for reducing cyberbullying perpetration was more in the case of children than for adolescents. Younger children were found to be more likely to respond more positively toward restrictive parental mediation strategies, but in the case of adolescents, overly restrictive control was found to increase cyberbullying perpetration. Adolescents exhibited less cyberbullying behaviors when under low restrictive strategies. Findings highlight that the Theory of Reasoned Action and Parental Mediation Theory are promising frameworks to apply in the examination of cyberbullying perpetration. The findings that different parental mediation strategies had differing effectiveness, based on the children’s age, bring about several practical implications that may benefit educators and parents when addressing their children’s online risk.

Keywords: cyberbullying perpetration, theory of reasoned action, parental mediation, social media, Singapore

Procedia PDF Downloads 188
8409 Price Effect Estimation of Tobacco on Low-wage Male Smokers: A Causal Mediation Analysis

Authors: Kawsar Ahmed, Hong Wang

Abstract:

The study's goal was to estimate the causal mediation impact of tobacco tax before and after price hikes among low-income male smokers, with a particular emphasis on the effect estimating pathways framework for continuous and dichotomous variables. From July to December 2021, a cross-sectional investigation of observational data (n=739) was collected from Bangladeshi low-wage smokers. The Quasi-Bayesian technique, binomial probit model, and sensitivity analysis using a simulation of the computational tools R mediation package had been used to estimate the effect. After a price rise for tobacco products, the average number of cigarettes or bidis sticks taken decreased from 6.7 to 4.56. Tobacco product rising prices have a direct effect on low-income people's decisions to quit or lessen their daily smoking habits of Average Causal Mediation Effect (ACME) [effect=2.31, 95 % confidence interval (C.I.) = (4.71-0.00), p<0.01], Average Direct Effect (ADE) [effect=8.6, 95 percent (C.I.) = (6.8-0.11), p<0.001], and overall significant effects (p<0.001). Tobacco smoking choice is described by the mediated proportion of income effect, which is 26.1% less of following price rise. The curve of ACME and ADE is based on observational figures of the coefficients of determination that asses the model of hypothesis as the substantial consequence after price rises in the sensitivity analysis. To reduce smoking product behaviors, price increases through taxation have a positive causal mediation with income that affects the decision to limit tobacco use and promote low-income men's healthcare policy.

Keywords: causal mediation analysis, directed acyclic graphs, tobacco price policy, sensitivity analysis, pathway estimation

Procedia PDF Downloads 4
8408 Teacher Training Course: Conflict Resolution through Mediation

Authors: Csilla Marianna Szabó

Abstract:

In Hungary, the society has changes a lot for the past 25 years, and these changes could be detected in educational situations as well. The number and the intensity of conflicts have been increased in most fields of life, as well as at schools. Teachers have difficulties to be able to handle school conflicts. What is more, the new net generation, generation Z has values and behavioural patterns different from those of the previous one, which might generate more serious conflicts at school, especially with teachers who were mainly socialising in a traditional teacher – student relationships. In Hungary, the bill CCIV, 2011 declared the foundation of Institutes of Teacher Training in higher education institutes. One of the tasks of the Institutes is to survey the competences and needs of teachers working in public education and to provide further trainings and services for them according to their needs and requirements. This job is supported by the Social Renewal Operative Programs 4.1.2.B. The Institute of Teacher Training at the College of Dunaújváros, Hungary carried out a questionnaire and surveyed the needs and the requirements of teachers working in the Central Transdanubian region. Based on the results, the professors of the Institute of Teacher Training decided to meet the requirements of teachers and launch short courses in spring 2015. One of the courses is going to focus on school conflict management through mediation. The aim of the pilot course is to provide conflict management techniques for teachers presenting different mediation techniques to them. The theoretical part of the course (5 hours) will enable participants to understand the main points and the advantages of mediation, while the practical part (10 hours) will involve teachers in role plays to learn how to cope with conflict situations applying mediation. We hope if conflicts could be reduced, it would influence school atmosphere in a positive way and the teaching – learning process could be more successful and effective.

Keywords: conflict resolution, generation Z, mediation, teacher training

Procedia PDF Downloads 324
8407 National Culture, Personal Values, and Supervisors’ Ethical Behavior: Examining a Partial Mediation Model of Merton’s Anomie Theory

Authors: Kristine Tuliao

Abstract:

Although it is of primary concern to ensure that supervisors behave appropriately, research shows that unethical behaviors are prevalent and may cost organizations’ economic and reputational damages. Nevertheless, few studies have considered the roles of the different levels of values in shaping one’s ethicality, and the examination of the possible mediation in the process of their influence has been rarely done. To address this gap, this research employs Merton’s anomie theory in designing a mediation analysis to test the direct impacts of national cultural values on supervisors’ justification of unethical behaviors as well as their indirect impacts through personal values. According to Merton’s writings, individual behaviors are affected by the society’s culture given its role in defining the members’ goals as well as the acceptable methods of attaining those goals. Also, Merton’s framework suggests that individuals develop their personal values depending on the assimilation of their society’s culture. Using data of 9,813 supervisors across 30 countries, results of hierarchical linear modeling (HLM) indicated that national cultural values, specifically assertiveness, performance orientation, in-group collectivism, and humane orientation, positively affect supervisors’ unethical inclination. Some cultural values may encourage unethical tendencies, especially if they urge and pressure individuals to attain purely monetary success. In addition, some of the influence of national cultural values went through personal monetary and non-monetary success values, indicating partial mediation. These findings substantiated the assertions of Merton’s anomie theory that national cultural values influence supervisors’ ethics through their integration with personal values. Given that some of the results contradict Merton’s anomie theory propositions, complementary arguments, such as incomplete assimilation of culture, and the probable impact of job position in perceptions, values, and behaviors, could be the plausible rationale for these outcomes. Consequently, this paper advances the understanding of differences in national and personal values and how these factors impact supervisors’ justification of unethical behaviors. Alongside these contributions, suggestions are presented for the public and organizations to craft policies and procedures that will minimize the tendency of supervisors to commit unethical acts.

Keywords: mediation model, national culture, personal values, supervisors' ethics

Procedia PDF Downloads 138
8406 Assessment of Mediation of Community-Based Disputes in Selected Barangays of Batangas City

Authors: Daisyree S. Arrieta

Abstract:

The purpose of this study was to assess the mediation process applied on community-based disputes in the selected barangays of Batangas City, namely: Barangay Sta. Rita Karsada, Barangay Bolbok, and Barangay Alangilan. The researcher initially speculated that the required procedures under Republic Act No. 7160 were not religiously followed and satisfied by the Lupong Tagapamayapa members in most of the barangays in the subject locality and this prompted the researcher to conduct an investigation about this research topic. In this study, the subject barangays and their Lupon members still resorted to mediation processes to amicably settle conflicts among community members. It can also be appreciated among the Lupon Tagapamayapa members that they are aware of the purpose and processes required in the mediation of cases brought before them. However, the manner in which they conduct this mediation processes seems to be dependent on the general characteristics of their respective barangays and of the people situated therein. It also very noticeable that the strategies applied by the Lupon members on these cases depend on the ways and means the parties in dispute may arrive into agreements and conciliations. It is concluded by the researcher that the Lupong Tagapamayapa members in Barangay Sta. Rita Karsada, Barangay Bolbok, and Barangay Alangilan are aware and are applying the objectives and procedures of mediation. Also, the success and failure of the mediation processes applied by the Lupong Tagapamayapa members of the subject barangays on community-based disputes brought before them are generally attributed on the attitude and perspective of the parties in dispute towards the entire process of mediation and not on the capacity or capability of the Lupon members to subject them into amicable settlements. In view of the above, the researcher humbly recommends the following: (1) that the composition of the Lupong Tagapamayapa should include individuals from various sectors of the barangay; (2) that the Lupong Tagapamayapa members should undergo various trainings that may enhance their capability to mediate any type of community-based disputes at the expense of the barangay fund or budget; (3) that the Punong Barangay and the Sangguniang Pambarangay, in their own discretion, should allocate budget that will consistently provide regular honoraria for the Lupong Tagapamayapa members; (4) that the Punong Barangay and the Sangguniang Pambarangay should provide an ideal venue for the hearing of community-based disputes; (5) that the City/ Municipal Governments should allocate necessary financial assistance to the barangays under their jurisdiction in honing eligible Lupong Tagapamayapa members; and (6) that the Punong Barangay and other officials should initiate series of information campaigns for their constituents to be informed on the objectives, advantages, and procedures of mediation.

Keywords: amicable settlement, community-based disputes, dispute resolution, mediation

Procedia PDF Downloads 270
8405 Testing a Moderated Mediation Model of Person–Organization Fit, Organizational Support, and Feelings of Violation

Authors: Chi-Tai Shen

Abstract:

This study aims to examine whether perceived organizational support moderates the relationship between person–former organization fit and person–organization fit after the mediating effect of feelings of violation. A two-stage data collection method was used. Based on our research requirements, we only approached participants who were involuntary turnover from their former organizations and looking for a new job. Our final usable sample was comprised of a total of 264 participants from Taiwan. We followed Muller, Judd, and Yzerbyt, and Preacher, Rucker, and Hayes’s suggestions to test our moderated mediation model. This study found that employee perceived organizational support moderated the indirect effect of person–former organization fit on person–organization fit (through feelings of violation). Our study ends with a discussion of the main research findings and their limitations and presents suggestions regarding the direction of future studies and the empirical implications of the results.

Keywords: person–organization fit, feelings of violation, organizational support, moderated mediation

Procedia PDF Downloads 182
8404 Patterns and Predictors of Intended Service Use among Frail Older Adults in Urban China

Authors: Yuanyuan Fu

Abstract:

Background and Purpose: Along with the change of society and economy, the traditional home function of old people has gradually weakened in the contemporary China. Acknowledging these situations, to better meet old people’s needs on formal services and improve the quality of later life, this study seeks to identify patterns of intended service use among frail old people living in the communities and examined determinants that explain heterogeneous variations in old people’s intended service use patterns. Additionally, this study also tested the relationship between culture value and intended service use patterns and the mediating role of enabling factors in terms of culture value and intended service use patterns. Methods:Participants were recruited from Haidian District, Beijing, China in 2015. The multi-stage sampling method was adopted to select sub-districts, communities and old people aged 70 years old or older. After screening, 577 old people with limitations in daily life, were successfully interviewed. After data cleaning, 550 samples were included for data analysis. This study establishes a conceptual framework based on the Anderson Model (including predisposing factors, enabling factors and need factors), and further developed it by adding culture value factors (including attitudes towards filial piety and attitudes towards social face). Using a latent class analysis (LCA), this study classifies overall patterns of old people’s formal service utilization. Fourteen types of formal services were taken into account, including housework, voluntary support, transportation, home-delivered meals, and home-delivery medical care, elderly’s canteen and day-care center/respite care and so on. Structural equation modeling (SEM) was used to examine the direct effect of culture value on service use pattern, and the mediating effect of the enabling factors. Results: The LCA classified a hierarchical structure of service use patterns: multiple intended service use (N=69, 23%), selective intended service use (N=129, 23%), and light intended service use (N=352, 64%). Through SEM, after controlling predisposing factors and need factors, the results showed the significant direct effect of culture value on older people’s intended service use patterns. Enabling factors had a partial mediation effect on the relationship between culture value and the patterns. Conclusions and Implications: Differentiation of formal services may be important for meeting frail old people’s service needs and distributing program resources by identifying target populations for intervention, which may make reference to specific interventions to better support frail old people. Additionally, culture value had a unique direct effect on the intended service use patterns of frail old people in China, enriching our theoretical understanding of sources of culture value and their impacts. The findings also highlighted the mediation effects of enabling factors on the relationship between culture value factors and intended service use patterns. This study suggests that researchers and service providers should pay more attention to the important role of culture value factors in contributing to intended service use patterns and also be more sensitive to the mediating effect of enabling factors when discussing the relationship between culture value and the patterns.

Keywords: frail old people, intended service use pattern, culture value, enabling factors, contemporary China, latent class analysis

Procedia PDF Downloads 162
8403 The Diversity of Contexts within Which Adolescents Engage with Digital Media: Contributing to More Challenging Tasks for Parents and a Need for Third Party Mediation

Authors: Ifeanyi Adigwe, Thomas Van der Walt

Abstract:

Digital media has been integrated into the social and entertainment life of young children, and as such, the impact of digital media appears to affect young people of all ages and it is believed that this will continue to shape the world of young children. Since, technological advancement of digital media presents adolescents with diverse contexts, platforms and avenues to engage with digital media outside the home environment and from parents' supervision, a wide range of new challenges has further complicated the already difficult tasks for parents and altered the landscape of parenting. Despite the fact that adolescents now have access to a wide range of digital media technologies both at home and in the learning environment, parenting practices such as active, restrictive, co-use, participatory and technical mediations are important in mitigating of online risks adolescents may encounter as a result of digital media use. However, these mediation practices only focus on the home environment including digital media present in the home and may not necessarily transcend outside the home and other learning environments where adolescents use digital media for school work and other activities. This poses the question of who mediates adolescent's digital media use outside the home environment. The learning environment could be a ''loose platform'' where an adolescent can maximise digital media use considering the fact that there is no restriction in terms of content and time allotted to using digital media during school hours. That is to say that an adolescent can play the ''bad boy'' online in school because there is little or no restriction of digital media use and be exposed to online risks and play the ''good boy'' at home because of ''heavy'' parental mediation. This is the reason why parent mediation practices have been ineffective because a parent may not be able to track adolescents digital media use considering the diversity of contexts, platforms and avenues adolescents use digital media. This study argues that due to the diverse nature of digital media technology, parents may not be able to monitor the 'whereabouts' of their children in the digital space. This is because adolescent digital media usage may not only be confined to the home environment but other learning environments like schools. This calls for urgent attention on the part of teachers to understand the intricacies of how digital media continue to shape the world in which young children are developing and learning. It is, therefore, imperative for parents to liaise with the schools of their children to mediate digital media use during school hours. The implication of parents- teachers mediation practices are discussed. The article concludes by suggesting that third party mediation by teachers in schools and other learning environments should be encouraged and future research needs to consider the emergent strategy of teacher-children mediation approach and the implication for policy for both the home and learning environments.

Keywords: digital media, digital age, parent mediation, third party mediation

Procedia PDF Downloads 88
8402 Family Values and Honest Attitudes in Pakistan: The Role of Tolerance and Justice Attitudes

Authors: Muhammad Shoaib

Abstract:

The aim of the study is to examine the effects of family values on honest attitudes by the mediation of tolerance attitudes and justice attitudes among family members. As many other developing settings, Pakistani society is undergoing a rapid and multifaceted social changes, in which traditional thinking coexists and often clashes with modern thinking. Family values have great effects on the honest attitudes among family members as well as all the members of Pakistani society. Tolerance attitudes, justice attitudes, personal experiences and modernity factors are contributing to the development of honest attitudes among family members. Family values attitudes enhance the concept of honesty feelings, fairness, and less thinking towards theft. For the present study 520 respondents were sampled from two urban areas of Punjab province; Lahore and Faisalabad, through proportionate random sampling technique. A survey method was used as a technique of data collection and an interview schedule was administered to collect information from the respondents. The results shows similar positive effects of tolerance and justice attitudes on honest attitude by the mediation of family values attitudes.

Keywords: family values, tolerance, justice, honesty, attitudes, Pakistan

Procedia PDF Downloads 354
8401 Assessing the Celebrity Effects on Change in Brand Association and Consumer’s Attitude in a Celebrity-Collaborated Fashion Brand in Hong Kong

Authors: Chu Wai Ching, Kan Chi Wai

Abstract:

Fashion industry is fast moving with intense competitions; it is hard for fashion retailers to stand out among their peers. In order to promote and enhance uniqueness, fashion retailers have collaborated with different brands or celebrity in their marketing campaign recently. As brand-celebrity collaboration is a growing phenomenon in the Hong Kong fashion industry, this research aims to investigate the effect of celebrity on altering consumer’s brand association and the overall attitude towards the co-branded products. One of the popular celebrity-collaborated fashion brands was chosen for this study and a survey was conducted among university students in Hong Kong which yielded 222 responses. By using factor analysis, linear regression and bootstrap test for the mediation, the results show that three celebrity attributes namely “expertise”, “trustworthiness” and “attractiveness” affect the evaluation of the co-branded products. In addition, the change in the association of the brand and co-branded product attributes mediates the relationship between the characteristics of the celebrity and the overall attitude of the co-branded product. The result shows “expertise” of the celebrity has a perfect mediation, while “trustworthiness” and “attractiveness” of the celebrity have partial mediation. This implies that expertise of the celebrity is capable in altering the association towards both the brand and core product attributes and bringing a positive attitude towards the co-brand. The trustworthiness and the attractiveness of the celebrity are able to alter the consumer association towards the brand, but do not guarantee a complete positive attitude towards the co-branded product. This means that change in brand attributes is not a definite mediator as direct relationship may happen or there may be other factors that can affect the relationship between the celebrity’s persuasiveness and the overall attitude towards the co-branded collection.

Keywords: brand attribute, brand-celebrity collaborations, co-branding, fashion industry

Procedia PDF Downloads 254
8400 The Consequences of Cyberbullying and School Violence: Risk and Protective Factors

Authors: Ifigenia Stylianou

Abstract:

As more than three-quarters of students going online daily via computers, tablets, and smartphones, the phenomenon of cyberbullying is growing rapidly. Knowing that victims of online bullying are often also victims of traditional bullying and that traditional bullying is considered as an extension of cyberbullying. In this study, we aim to identify (1) whether cyberbullying lead to more intense forms of school bullying, and (2) whether some biological and environmental factors mediate between this relation, and act protectively to bullying and inappropriate behaviour in school. To answer this questions, a sample of X students, aged X, were asked to complete eight questionnaires (Personal Experiences Checklist, Inventory of Peers Attachment, Questionnaire on Teacher Interaction, School Climate Survey for Bullying, Strengths and Difficulties Questionnaire, Youth Psychopathic Traits Inventory-Short Form, Barratt Impulsiveness Scale-11) in X time periods. Results can provide us important information to improve understanding the factors that are related to bullying. In addition, the results can assist in developing intervention programs to tangle the issue of bullying at schools. All data have been collected and are currently being processed for statistical analyses.

Keywords: cyberbullying, bullying, school climate, psychopathy traits, attachment, mediation factors

Procedia PDF Downloads 149
8399 China and the Middle East in the 21st Century: From Political Mediation to Economic Expansionism

Authors: Ali Asghar Sotoudeh

Abstract:

Mediation Diplomacy has emerged as one of the main pillars of China's foreign policy goals and practices, and Beijing has established itself as a peacekeeping force in regional conflicts and crises such as Afghanistan, Syria, Sudan, Yemen, and the Arab-Israeli peace process. China is deepening and intensifying its diplomatic interventions in the Middle East and trying to shape the security and political developments in the Middle East. On the other hand, economically, China has become one of the most important trading partners with Middle Eastern governments. China is also seeking to expand its foreign policy and economic interests in the Middle East through the New Silk Road initiative and has signed cooperation agreements with 17 Arab countries. In this regard, due to the importance of the subject, this research focuses on answering this question; what is the basis of China's political mediation and economic expansionism in the Middle East? In parallel with this question, this study follows the hypothesis that the mediating role of peace is a legitimate way for China to intervene in Middle East political crises, Without causing China to deviate from its traditional guiding principles based on non-interference in the internal affairs of other actors in the international system. This policy also promotes the security of economic interests and increases the country's political influence in the Middle East. The research method is descriptive-analytical based on the qualitative method, and the data collection method is library and internet resources.

Keywords: China, middle east, political mediation, economic expansionism

Procedia PDF Downloads 51
8398 Building Envelope Engineering and Typologies for Complex Architectures: Composition and Functional Methodologies

Authors: Massimiliano Nastri

Abstract:

The study examines the façade systems according to the constitutive and typological characters, as well as the functional and applicative requirements such as the expressive, constructive, and interactive criteria towards the environmental, perceptive, and energy conditions. The envelope systems are understood as instruments of mediation, interchange, and dynamic interaction between environmental conditions. The façades are observed for the sustainable concept of eco-efficient envelopes, selective and multi-purpose filters, adaptable and adjustable according to the environmental performance.

Keywords: typologies of façades, environmental and energy sustainability, interaction and perceptive mediation, technical skins

Procedia PDF Downloads 22
8397 Towards a Mandatory Frame of ADR in Divorce Cases: Key Elements from a Comparative Perspective for Belgium

Authors: Celine Jaspers

Abstract:

The Belgian legal system is slowly evolving to mandatory mediation to promote ADR. One of the reasons for this evolution is the lack of use of alternative methods in relation to their possible benefits. Especially in divorce cases, ADR can play a beneficial role in resolving disputes, since the emotional component is very much present. When children are involved, a solution provided by the parent may be more adapted to the child’s best interest than a court order. In the first part, the lack of use of voluntary ADR and the evolution toward mandatory ADR in Belgium will be indicated by sources of legislation, jurisprudence and social-scientific sources, with special attention to divorce cases. One of the reasons is lack of knowledge on ADR, despite the continuing efforts of the Belgian legislator to promote ADR. One of the last acts of ADR-promotion, was the implementation of an Act in 2018 which gives the judge the possibility to refer parties to mediation if at least one party wants to during the judicial procedure. This referral is subject to some conditions. The parties will be sent to a private mediator, recognized by the Federal Mediation Commission, to try to resolve their conflict. This means that at least one party can be mandated to try mediation (indicated as “semi-mandatory mediation”). The main goal is to establish the factors and elements that Belgium has to take into account in their further development of mandatory ADR, with consideration of the human rights perspective and the EU perspective. Furthermore it is also essential to detect some dangerous pitfalls other systems have encountered with their process design. Therefore, the second part, the comparative component, will discuss the existing framework in California, USA to establish the necessary elements, possible pitfalls and considerations the Belgian legislator can take into account when further developing the framework of mandatory ADR. The contrasting and functional method will be used to create key elements and possible pitfalls, to help Belgium improve its existing framework. The existing mandatory system in California has been in place since 1981 and is still up and running, and can thus provide valuable lessons and considerations for the Belgian system. Thirdly, the key elements from a human rights perspective and from a European Union perspective (e.g. the right to access to a judge, the right to privacy) will be discussed too, since the basic human rights and European legislation and jurisprudence play a significant part in Belgian legislation as well. The main sources for this part will be the international and European treaties, legislation, jurisprudence and soft law. In the last and concluding part, the paper will list the most important elements of a mandatory ADR-system design with special attention to the dangers of these elements (e.g. to include or exclude domestic violence cases in the mandatory ADR-framework and the consequences thereof), and with special attention for the necessary the international and European rights, prohibitions and guidelines.

Keywords: Belgium, divorce, framework, mandatory ADR

Procedia PDF Downloads 53
8396 Mediation Effect of Mindful Parenting on Parental Self Efficacy and Parent-Child Attachment in Hong Kong

Authors: Man Chung Chu

Abstract:

In the dynamic family interaction, parental self-efficacy is connected with parent-child attachment. Parental self-efficacy and its corresponding behavior played an influential role in the lifespan development of the child. Recently, Mindful parenting is popularly addressed as it lightens parents’ awareness to their own thoughts feelings and behaviors by adapting a nonjudgmental attitude in the present moment being with the child. The effectiveness of mindful parent is considerably significant in enhancing parent-child relationship as well as family functioning. Parenting in early developmental stage is always challenging and essential for later growth, however, literature is rarely exploring the mediation of mindful parenting on the effect of parent self-efficacy on parent-child attachment in preschoolers’ families. The mediation effect of the research shed light on how mindful parenting should head, where parental self-efficacy training should be incorporated together with mindful family program in attempt to yield the best outcome in the family of young-aged children. Two hundred and eight (208) parents, of two to six years old children, were participated in the study and results supported the significance in the mediator effect of mindful parenting in both facets, i.e. Parent-focused - ‘Mindful Discipline’ and Child-focused – ‘Being in the moment with the child’ where parental self-efficacy is a significant predictor of mindful parenting. The implication of the result suggests that mindful parenting would be a therapeutic framework in promoting family functioning and child’s well-being, it would also be a ‘significant helping hand’ in maintaining continuous secure attachment relationship and growing their mindful children in a family.

Keywords: mediation effect, mindful parenting, parental self efficacy, parent-child attachment, preschoolers

Procedia PDF Downloads 111
8395 Analysis of Factors Affecting Public Awareness in Paying Zakat

Authors: Roikhan Mochamad Aziz

Abstract:

This study aims to analze the interdependence of several variables simultaneously in order to simplify the form of the relationship between some of the variables studied a number of factors less than the variable studied which means it can also describe the data structure of a research. Based 100 respondents from the public, such as the people of South Tangerang, this study used factor analysis tool. The results of this study indicate that the studied variables being formed into nine factors, namely faith factors, community factors, factors of social care, confidence factor, factor income, educational factors, self-satisfaction factors, factors work, and knowledge factor. Total variance of the 9 factors is 67,30% means that all nine of these factors are factors that can contribute too paying zakat of muzakki consciousness of 67,30% while the remaining 32,70% is supported by other factors outside the 9 factors.

Keywords: zakat, analysis factor, faith, education, knowledge

Procedia PDF Downloads 198