Search results for: mediation skills

Authors: Thu Thuy Nguyen

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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

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Authors: Yuliya Radanova, Agnė Tvaronavičienė

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With the growing trend for mandating parties of family conflicts to out-of-court processes, the adopted statutory regulations often remain silent on the way the voice of the child is integrated into the procedure. Convention on the Rights of the Child (Art. 12) clearly states the obligation to assure to the child who can form his or her own views the right to express those views freely in all matters affecting him. This article seeks to explore the way children participate in the mandatory mediation schemes applicable to family disputes in the European Union. A review of scientific literature and empirical data has been conducted on those EU Member States that coerce parties to family mediation to establish that different models of practice are deployed, and there is a lack of synchronicity on how children’s role in mediation is viewed. Child-inclusive mediation processes are deemed to produce sustainable results over time but necessitate professional qualifications and skills for the purpose of mediators to accommodate that such discussions are aligned with the best interest of the child. However, there is no unanimous guidance, standards or protocols on the peculiar characteristics and manner through which children are involved in mediation. Herewith, it is suggested that the lack of such rigorous approaches and coherence in an ever-changing mediation setting transitioning towards mandatory mediation models jeopardizes the importance of children’s voices in the process. Thus, it is suggested that there is a need to consider the adoption of uniform guidelines on the specific role children have in mediation, particularly in its mandatory models.

Keywords: family mediation, child involvement, mandatory mediation, child-inclusive, child-focused

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Authors: V. Durmus, M. Uydaci

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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

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Authors: Ibrahim Ercan, Mustafa Arikan

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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

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Authors: Flutura Tahiraj, Emine Abdyli

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As a new alternative, mediation is integrated in the legislation of both developed and developing countries in Europe. Various researches in member states of the Council of Europe revealed obstacles, particularly related to the implementation of mediation in criminal matters. They are addressed through several recommendations and non-binding guidelines. However, there is limited empirical research on how the mediation in criminal matters is being implemented in the contexts of developing countries in South-Eastern Europe. Hence, the purpose of this qualitative study is to assess mediation in criminal matters in Kosovo by exploring how the main stakeholders describe the legal basis and implementation process and what it indicates for future practices. The data were gathered through 11 semi-structured interviews with judges, prosecutors, mediation clerks and mediators. Results show that laws and other guidelines that have been introduced since 2008 constitute a solid legal ground that facilitates mediation in criminal matters. The stakeholders are well aware of benefits mediation brings and express their willingness to advance its application to criminal matters. Results also indicate uncertainty among judges and prosecutors regarding the assessment and referral of certain criminal offences to mediation. To address it, specialized trainings, exchange programs and continuous monitoring and evaluation of the process could be supportive.

Keywords: mediation in criminal matters, legislation, implementation of mediation

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Authors: Katarzyna Oberda

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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

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Authors: Sevgi Karaca

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Since December 6, 2018, mediation has become mandatory for commercial disputes under the Turkish Commercial Code. Mandatory mediation became one of the “causes of action”, and being compulsory means starting the mediation process before going to court. As it contemplates looking at “the causes of the action”, the terminology may lead to misinterpretation of the core of the phrases. However, the terms pertain to a prerequisite for starting the lawsuit. The court will examine failure to comply with such requirements, and the case will be dismissed without further action. Türkiye’s use of obligatory mediation is highly unusual. It is neither judge-led nor judge-assisted mediation but rather a mediation conducted outside of court with the participation of a third party (mediators). What distinguishes it is the incorporation of obligatory mediation into the causes of actions listed in the Code of Civil Procedure. Being one of the causes of action in a legal case implies that the absence of any of them may result in the procedural dismissal of the case without any further action. The case must be presented to the mediator first, and if the parties are unable to reach an agreement, they must deliver the results of the mediation session. Other than submitting the minutes, parties are ineligible to file a lawsuit. However, despite a lengthy history of use in England and Wales, there are considerable reservations about making mediation mandatory. The Civil Procedure Code does not explicitly mention making mediation mandatory. For the time being, there is no Mediation Code, and case law limits the growth of obligatory mediation. Some renowned judges voiced their desire to re-evaluate the notion of required mediation, prompting the Civil Justice Council to release a study in 2021 on the significance of amending case law and the high value of mandatory mediation. By contrasting the approaches to mandatory mediation in England and Wales, the study will investigate the method of controlled mandatory mediation and its effects on the success of mediation in Türkiye.

Keywords: alternative dispute resolution, case law, cause of action, litigation process, mandatory mediation

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

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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

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Authors: Paulina Dwuznik

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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

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Authors: Dionne Coley B. A.

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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

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Authors: Hami-Ziniman Revital, Ashwall Rachelly

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The conflict resolution realm has developed tremendously during the last half-decade. Three main approaches should be mentioned: an Alternative Dispute Resolution (ADR) suggesting processes such as Arbitration or Interests-based Negotiation was developed as an answer to obligations and rights-based conflicts. The Pragmatic mediation approach focuses on the gap between interests and needs of disputants. The Transformative mediation approach focusses on relations and suits identity-based conflicts. In the current study, we examine the conflictual relations between religious and non-religious Jews in Israel and the impact of three transformative mechanisms: Inter-group recognition, In-group empowerment and Value-based reframing on the relations between the participants. The research was conducted during four facilitated joint mediation classes. A unique finding was found. Using both transformative mechanisms and the Contact Hypothesis criteria, we identify transformation in participants’ relations and a considerable change from anger, alienation, and suspiciousness to an increased understanding, affection and interpersonal concern towards the out-group members. Intergroup Recognition, In-group empowerment, and Values-based reframing were the skills discovered as the main enablers of the change in the relations and the research participants’ fostered mutual recognition of the out-group values and identity-based issues. We conclude this transformation was possible due to a constant intergroup contact, based on the Contact Hypothesis criteria. In addition, as Interests-based mediation uses “Reframing” as a skill to acknowledge both mutual and opposite needs of the disputants, we suggest the use of “Value-based Reframing” in intergroup identity-based conflicts, as a skill contributes to the empowerment and the recognition of both mutual and different out-group values. We offer to implement those insights and skills to assist conflict resolution facilitators in various intergroup identity-based conflicts resolution efforts and to establish further research and knowledge.

Keywords: empowerment, identity-based conflict, intergroup recognition, intergroup relations, mediation skills, multi-cultural society, reframing, value-based recognition

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

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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

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Authors: Beata Anna Bronowicka

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Purpose The purpose of this paper is to improve effectiveness of mediation in family matters regarding child protection in Australia and Poland. Design/methodology/approach the methodological approach is phenomenology. Two phenomenological methods of data collection were used in this research 1/ a doctrinal research 2/an interview. The doctrinal research forms the basis for obtaining information on mediation, the date of introduction of this alternative dispute resolution method to the Australian and Polish legal systems. No less important were the analysis of the legislation and legal doctrine in the field of mediation in family matters, especially child protection. In the second method, the data was collected by semi-structured interview. The collected data was translated from Polish to English and analysed using software program. Findings- The rights of children in the context of mediation in Australia and Poland differ from the recommendations of the UN Committee on the Rights of the Child, which require that children be included in all matters that concern them. It is the room for improvement in the mediation process by increasing child rights in mediation between parents in matters related to children. Children should have the right to express their opinion similarly to the case in the court process. The challenge with mediation is also better understanding the role of professionals in mediation as lawyers, mediators. Originality/value-The research is anticipated to be of particular benefit to parents, society as whole, and professionals working in mediation. These results may also be helpful during further legislative initiatives in this area.

Keywords: mediation, family law, children's rights, australian and polish family law

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

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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

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Authors: Anu S. Krishna

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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

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Authors: Mohd Akram Shair Mohamad

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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

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Authors: Yoko Yamada, Chizumi Yamada

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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

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Authors: Yaru Meng

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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

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Authors: Jeffrey L. Hurst, Sarah M. Coyne

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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

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Authors: Ronelle Prinsloo

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Rule 41A was introduced to the Uniform Rules of Court with the intention of promoting alternative dispute resolution (ADR), specifically mediation, as a means of resolving disputes; its voluntary nature allows parties to explore mediation willingly without the imposition of a mandatory requirement. Defamation suits, often notorious for their protracted litigation timelines, could benefit from the streamlined efficiency offered by mandatory rule 41A processes. Mediation, when mandated, could serve as a swift alternative, alleviating the burden on the court system and providing expedited relief to aggrieved parties. By incorporating a mandatory mediation step, parties might be encouraged to engage in a more constructive dialogue at an earlier stage, potentially fostering resolutions that might be elusive within the confines of protracted courtroom battles. This expedited resolution could not only benefit the litigants involved but also contribute to the broader efficiency and efficacy of the legal system. However, the application of rule 41A in defamation cases raises intriguing questions about its effectiveness in balancing the scales between freedom of expression and the protection of reputation. In considering the potential merits of making rule 41A mandatory in defamation cases, a key consideration is the prospect of expeditious and cost-effective resolution.

Keywords: constitution of South Africa, defamation, litigation, mandatory, mediation

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Authors: Shirley S. Ho

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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

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Authors: Gabriel Dwomoh, Williams Kwasi Boachie, Kofi Kwarteng

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The study looked at the relationship between organizations’ acquired knowledge, skills, abilities, and shareholders wealth with training playing the mediating role. The sample of the study consisted of organizations that spent 10% or more of its annual budget on training and those whose training budget is less than 10% of the organization’s annual budget. A total of 620 questionnaires were distributed to employees working in various organizations out of which 580 representing 93.5% were retrieved. The respondents that constitute the sample were drawn using convenience sampling. The researchers used regression models for their analyses with the help of SPSS 16.0. Analyzing multiple models, it was discovered that organizations training investment plays a considerable indirect and direct effect with partial mediation between organizations acquired skills, knowledge, abilities, and shareholders wealth. Shareholders should allow their agents to invest part of their holdings to develop the human capital of the organization but this should be done with caution since shareholders returns do not depend much on how much organizations spend in developing its human resource capital.

Keywords: skills, knowledge, abilities, shareholders wealth, training investment

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Authors: Kawsar Ahmed, Hong Wang

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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

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Authors: Hela Ben Maallem

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Applications based on virtual reality offer many benefits to the heritage and tourism sector. Digital heritage mediation is a constantly emerging field that aims to reconstruct the history of heritage items and sites, while at the same time highlighting the identity of a community or region and encouraging public engagement. This research focuses on the analysis of a virtual reality application used in a heritage digital mediation project. The modality introduced is examined through a case study of Djerba View VR application. The aim of this study is to understand the nature and potential uses of this immersive technology and to focus on the study of the possibilities of this medium. The goal of this article is to analyze how 3D reconstruction and immersive storytelling can offer an immersive, interactive and engaging user experience, while meeting the expectations and needs of visitors in a context of technological transition and user-centred design.

Keywords: digital heritage mediation, technological transition, virtual reality, 3D reconstruction, immersive storytelling, user experience, user centered design, interactivity, immersion

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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

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Authors: S. K. Ashiquer Rahman

Abstract:

This paper presents a knowledge mediation platform, “ePLANETe Blue” that addresses the challenge of building knowledge partnerships for higher education. The purpose is to present, as an institutional perception, the ‘ePLANETe' idea and functionalities as a practical and pedagogical innovation program contributing to the collaborative learning goals in higher education. In consequence, the set of functionalities now amalgamated in ‘ePLANETe’ can be seen as an investigation of the challenges of “Collaborative Learning Digital Process.” It can exploit the system to facilitate collaborative education, research and student learning in higher education. Moreover, the platform is projected to support the identification of best practices at explicit levels of action and to inspire knowledge interactions in a “virtual community” and thus to advance in deliberation and learning evaluation of higher education through the engagement of collaborative activities of different sorts.

Keywords: mediation, collaboration, deliberation, evaluation

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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

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Authors: Hiroki Shinkawa, Tadaaki Tomiie

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Many interventions for social skills acquisition aim to decrease the gap between social skills deficits in the individual and normative social skills; nevertheless little is known of typical social skills according to age difference in students. In this study, we developed new quintet of Hokkaido Social Skills Inventory (HSSI) in order to identify age-appropriate social skills for school adaptation. First, we selected 13 categories of social skills for school adaptation from previous studies, and created questionnaire items through discussion by 25 teachers in all three levels from elementary schools to senior high schools. Second, the factor structures of five versions of the social skills scale were investigated on 2nd grade (n = 1,864), 4th grade (n = 1,936), 6th grade (n = 2,085), 7th grade (n = 2,007), and 10th grade (n = 912) students, respectively. The exploratory factor analysis showed that a number of constructing factors of social skills increased as one’s grade in school advanced. The results in the present study can be useful to characterize the age-appropriate social skills for school adaptation.

Keywords: social skills, age difference, children, adolescents

Procedia PDF Downloads 393

Authors: Neisha Shepherd

Abstract:

In Australia, an independent children's lawyer is appointed to represent a child in parenting disputes in the Federal Circuit and Family Court of Australia, where there are complex issues such as child protection, family violence, high conflict, relocation, and parental alienation. The appointment of an Independent Children's Lawyer is to give effect in the family law proceedings of the United Nations Convention on the Rights of the Child, in particular Article 3.1, 12.1, and 12.2. There is a strong focus on alternative dispute resolution in the Australian Family Law jurisdiction in matters that are before the Court that has formed part of the case management pathways. An Independent Children's Lawyer's role is even more crucial in assisting families in resolving the most complex parenting disputes through mediation as they are required to act impartial and be independent of the Court and the parties. A child has the right to establish a professional relationship with the Independent Children's Lawyer. This relationship is usually established over a period of time, and the child is afforded the opportunity to talk about their views and wishes and participate in decisions that affect them. In considering the views and wishes of the child, the Independent Children's lawyer takes into account the different emotional, cognitive, and intellectual developmental levels, family structures, family dynamics, sibling relationships, religious and cultural backgrounds; and that children are vulnerable to external pressures when caught in disputes involving their parents. With the increase of child-inclusive mediations being used to resolve family disputes in the best interests of a child, an Independent Children's Lawyer can have a critical role in this process with the specialised skills that they have working with children in the family law jurisdiction. This paper will discuss how inclusive child mediation with the assistance of an Independent Children's Lawyer can assist in the resolution of some of the most complex parenting disputes by examining through case studies: the effectiveness and challenges of such an approach; strategies to work with child clients, adolescents, and sibling groups; ways to provide feedback regarding a child's views and wishes and express a child's understanding, actual experiences and perspective to parties in a mediation and whether it is appropriate to do so; strategies and examples to assist in developing parenting plans or orders that are in the best interest of a child that is workable and achievable; how to deal with cases that involve serious child protection and family violence and strategies to ensure that child safety is paramount; the importance of feedback to the child client. Finally this paper will explore some of the challenges for Independent Children's Lawyers in relation to child-inclusive mediations where matters do not resolve.

Keywords: child inclusive mediation, independent children's lawyer, family violence, child protection

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Authors: Chi-Tai Shen

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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 263