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Bobrovskii, A. "On the possibility of transferring to the notary the powers of the mediator." Bulletin of Science and Practice 4, no. 5 (May 14, 2018): 555–58. https://doi.org/10.5281/zenodo.1246599.
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The article studies the institute of mediation in the Russian Federation. The issue of correlation between mediation and mediation is considered. A proposal was made to allocate mediators with notaries.
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МАРІЯ, КУЗІВ. "РОЛЬ МЕДІАЦІЇ У ВИРІШЕННІ КОНФЛІКТІВ". Педагогічні науки, № 72 (10 грудня 2018): 25–33. https://doi.org/10.5281/zenodo.2169463.
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The article considers the role of mediation to conflict resolution. The problem of mediation is disclosed as an alternative way of resolving disputes. It has been revealed that in all the concepts of mediation the participation of a third party is emphasized that of the mediator who provides some assistance in establishing an understanding and whose interests are not directly related to the misunderstanding issues. An active third party controls the process, facilitates a realistic assessment of the situation by the parties, adopts an adequate solution, reduces emotional stress, etc. The expediency and possibilities of using mediation in Ukraine are analysed. It has been investigated that presently Ukrainian legislation has not yet defined the legal status of a mediator as well as that of professional mediator organizations and the procedure for certification of mediators, additional requirements for professional mediation skills and the quality of services provided and similar requirements. In the current legislation of Ukraine there is no regulation of the relations between the mediation participants. The types of mediation and its techniques have been considered. Such kinds of mediation as preventive mediation and mediation of conflict that has already arisen, survey mediation, mediation of containment (escalation) of the conflict, conflict settlement mediation, of voluntary and obligatory types, mediation focused on problem solving, transformation, rehabilitation, assessment mediation and mediation, based on mutual understanding, as well as reflexive, contextual and independent intervention techniques have been dealt with. These should be used for the success and effectiveness of the mediation process. It has been found that the use of mediation has proven its appropriateness for solving a variety of conflicts, but the real effectiveness of mediation also depends on the mediator's professionalism, the type of conflict and the personal characteristics of the conflicting parties.
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Read, Benjamin L., and Ethan Michelson. "Mediating the Mediation Debate." Journal of Conflict Resolution 52, no. 5 (March 26, 2008): 737–64. http://dx.doi.org/10.1177/0022002708318920.
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Ivanushkina, Y., and T. Khudoikina. "Actual problems of application of mediation procedure in the Russian Federation." Bulletin of Science and Practice 4, no. 11 (November 15, 2018): 392–95. https://doi.org/10.5281/zenodo.1488276.
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The current research direction is the Institute of Alternative Dispute Resolution procedures, many of which have existed in theory and practice for many centuries, others have appeared and have found their consolidation in the legislation of the Russian Federation relatively recently. The subject of the study of this article is the procedure of mediation, as an alternative way of resolving disputed issues. The study is to analyze the extent of the legislative settlement of the mediation procedure, as well as its application in everyday life. Thus, this article discusses the actual problems of using the procedure of mediation, the features of the Federal Law N193-FZ "On the Alternative Procedure for Settlement of Disputes with the Participation of Mediators (Mediation Procedure)", the ways of solving actual problems in practice.
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Hansen, Miles. "Parallel Mediation: Ordering the Chaos of Multiparty Mediation." International Negotiation 17, no. 2 (2012): 237–63. http://dx.doi.org/10.1163/157180612x651430.
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Abstract The proliferation of actors in the business of making peace has led to an increase in the frequency of multiparty mediations, with both positive and negative consequences. The purpose of this article is to simplify the complexity that often accompanies multiparty mediations by applying the structuralist and social-psychological dichotomy of negotiations to a model of parallel mediation. I propose that coupling structuralist and social-psychological mediations together in a parallel mediation can leverage the respective strengths of each to more effectively find a negotiated solution. Given the fiscal and political realities facing peacemakers, finding ways to increase the frugality and simplicity of cooperation between mediators is essential. The limited cooperation needed in parallel mediations does just that. This article analyzes how the parallel mediation model has been applied to two conflicts, the intrastate Tajik civil war and the interstate Ecuador-Peru border dispute. This analysis identifies five characteristics that were observed in these two successful examples of parallel mediation, and serves as a starting point for additional research.
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Shukhratzoda, Sevarakhon Dilshod kizi, and Valentina Ivanovna Normuratova. "MEDIATION AS AN ADDITIONAL TYPE OF SPEECH ACTIVITY." Results of National Scientific Research 2, no. 4 (April 30, 2023): 89–97. https://doi.org/10.5281/zenodo.7911855.
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This work devoted to the study of the effectiveness of mediation as an additional type of speech activity. The work was based on Companion Volume CEFR 2018. The participants were analyzed according to the mediation of different degrees of knowledge ranging from A1 to C2. In the literature review were cited examples of the work of different scientists. This study is to provide a more in-depth explanation of the application mediation in speech activity and effort to improve learners’ reading skills.
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Bollen, Katalien, and Martin Euwema. "Internet + bemiddeling = e-mediation." Nederlands-Vlaams tijdschrift voor Mediation en conflictmanagement 16, no. 4 (December 2012): 23–31. https://doi.org/10.5553/tmd/2012016004005.
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Internet + mediation = e-mediation The rapid and ongoing development of the Internet has greatly affected new types and sources of conflict but also the ways conflicts are handled. Nowadays, more and more mediation service providers offer online tools to manage conflicts, going from fully e-supported mediations to hybrid mediations which are partly face to face (F2F) and partly computerized. Despite the increasing use of different types of e-supported mediation, practitioners and scholars know little about their effects or under which conditions different types of e-supported tools are best used. This contribution focuses on the role e-tools may play in text based mediations (mainly labor and divorce mediations) which are mediated by a human mediator. We hope to provide third parties of all sort (mediators, practitioners, consultants, managers, etc.) with practical guidelines for the use of e-supported mediation.
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Solimun, Solimun, and Adji Achmad Rinaldo Fernandes. "Investigation the mediating variable: What is necessary? (case study in management research)." International Journal of Law and Management 59, no. 6 (November 13, 2017): 1059–67. http://dx.doi.org/10.1108/ijlma-09-2016-0077.
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Purpose This study aims to more deeply examine the various types of testing mediations and use the comparison test by using test-based mediation Sobel models and Bayesian approach. The purpose of this study are to apply the traditional (using indirect effect) and Sobel test, extend Yuan and MacKinnon (2009) work on Bayesian mediation analysis. Both analysis methods of mediation (Traditional, Sobel Test and Bayesian estimation) should apply in the research of management, by using structural equation modeling (SEM) in a structural model, with one mediation, one exogenous (independent) and one endogenous variable. The meta-analysis approximation has been used to investigate the job satisfaction as a mediation in the relationship between employee competence and performance (endogenous). Design/methodology/approach Data were collected from ten dissertations of students of the Management Doctoral Program at the Brawijaya University from 2009 until 2013; data were analyzed for the mediation variable of job satisfaction (M) in the relationship between employee competence (X) and employee performance (Y) (Muindi and Obonyo, 2015; Olcer, 2015; Sattar et al., 2015; Khan and Ahmed, 2015). A researcher can determine the mediating variable and whether it is complete or partial or if mediation exists in several ways. Findings The results of the above findings using meta-analysis showed that 60% of previous research states that job satisfaction is a partial mediation on relationship competence of the performance, 10% of previous research states that job satisfaction is a full mediation on relationship competence of the performance and 30% stated that job satisfaction is not pemediasi (pemediasi means Mediation variable) on the relationship between competence and performance. This research found that all three approaches provide similar conclusions for ten previous research. Research limitations/implications The findings showed that the Sobel approach and the Bayesian approach provide results that are more sensitive than the traditional approach. Practical implications In my opinion, the rule to investigate the mediation variable should be completed with the conditions (1) q (theta) is not statistically significant, (2) α (alpha) and β (beta) are significant, and (3) q’ (theta) is significant, and increase when M is include as an additional predictor. This condition called partial mediation. Social implications The traditional method is simpler and easy. The method is less sensitive and is not sufficient for investigating the mediating variables. In general, the method results in a mediation variable, but it cannot be used to determine either partial or complete mediation variables. So, investigation by Baron and Kenny Methods (in Hair et al., 2010), the rule or testing called Sobel Test and another approach such as Bayesian to determine the mediation variable is necessary. Originality/value Various methods for detecting mediating/intervening have been widely used in previous research as a method of measurement using indirect effect (Hair et al., 2010), and calculations have been performed using Sobel test (Baron and Kenny, 1986) and Bayesian approach (Enders, 2013). In this study, I wanted to more deeply examine the various types of testing mediations, and use the comparison test by using the test-based mediation Sobel models and Bayesian approach (Baron and Kenny, 1986; Enders, 2013). The statistical application should not be complicated and difficult, it but must rather be simple and easy, so that it is user-friendly. The traditional method is simpler and easier than the other methods, but how sensitive is it? This research is conducted to investigate this problem. The evaluation of mediating mechanisms has become a critical element of behavioral science research (Enders, 2013), especially in the field of management, not only to assess whether (and how) interventions achieve their effects but also, more, broadly, to understand the cause of behavioral change. Methodologists have developed mediation analysis techniques for a broad range of substantive applications. However, methods for estimating mediation mechanisms with various methods have been understudied. The purpose of this study is to apply the traditional (using indirect effect) and Sobel tests and extend Yuan and MacKinnon’s (2009) work on the Bayesian mediation analysis. Both analyses methods of mediation (traditional and Sobel test and Bayesian estimation) should apply in the research of management, by using structural equation modeling (SEM) in a structural model, with one mediation, one exogenous (independent) and one endogenous variable. The meta-analysis approximation has been used to investigate job satisfaction as the mediation in the relationship between employee competence and performance (endogenous). This study uses software R to complete the mediating effect (Enders, 2013). R is a language and environment for statistical computing and graphics. It is a GNU project which is similar to the S language and environment which was developed at Bell Laboratories (formerly AT&T, now Lucent Technologies) by John Chambers et al. R provides a wide variety of statistical analyses such as SEM and Mediation test. R provides an open source route for participation in that activity. The Bayesian estimation approach provides an R function and a macro that applies the method of mediation analysis.
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Galin, Amira. "What makes court-referred mediation effective?" International Journal of Conflict Management 25, no. 1 (February 4, 2014): 21–37. http://dx.doi.org/10.1108/ijcma-09-2012-0071.
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Purpose – The purpose of this paper is to obtain insight into court-referred mediation in the Israeli Labor Courts, by analyzing its processes and outcomes, as a function of tactics used by both the disputants and the mediator. Design/methodology/approach – Observation of 103 court-referred mediations, for each of which a detailed process and outcome were documented. Data on disputants' refusal to participate in the mediation was also collected. At the end of each mediation case, disputants were given a questionnaire in which they expressed their satisfaction with the outcome and their evaluation of the mediator's contribution. Findings – A low rate of refusal to participate in court-referred mediation was found. Also, the higher the ratio of soft tactics to pressure tactics employed (by all parties involved) during the process, the higher the rate of agreements. Mediators use significantly more soft tactics than disputants, and are more active in using tactics. The two significant variables that predict the mediation's agreement are the ratio between soft tactics to pressure tactics used by all parties, and mediator contribution to the process. Practical implications – The significant role of soft tactics in the process, outcome, and satisfaction of court-referred mediation may serve as a guideline for disputants and mediators. Originality/value – This unique research, which examines the impact of tactics on court-referred mediation, may provide added and significant theoretical insight into its process and outcome, as well as a better understanding of other “hybrid” (compulsory at the beginning, voluntary at the end) mediations.
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Staubli, Andrea. "Mediative Gespräche und Elder Mediation." perspektive mediation 20, no. 4 (2023): 318–21. http://dx.doi.org/10.33196/pm202304031801.
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Kurniawan, Wahyudi. "THE EXISTENCE OF MEDIATING JUDGES IN THE PROCESS OF CIVIL DISPUTE MEDIATION BASED ON THE SUPREME COURT REGULATION NO. 1 YEAR 2016." Legal Standing : Jurnal Ilmu Hukum 3, no. 1 (July 4, 2019): 147. http://dx.doi.org/10.24269/ls.v3i1.1804.
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The aims of this research are 1) to analyze the existence of mediating judges in the process of civil dispute mediation based on the Supreme Court Regulation (Peraturan Mahkamah Agung/PERMA) No. 1 year 2016 regarding the mediation procedures in court; 2) to analyze the supporting and the inhibiting factors which influence the existence of mediating judges in the process of civil dispute mediation in court. This research is a normative juridical study with primary, secondary, and tertiary law materials. The manner and the instruments to collect the legal materials are using the method of documentation and document study. Data analysis is done by analyzing the research materials qualitatively. The research results and discussion show that the existence of mediating judges in the process of civil dispute mediation based on the Supreme CourtRegulation No. 1 year 2016 regarding the mediation procedures in court becomes the main choice of the parties who are in dispute. The supporting factors of the mediation by the mediating judges in a civil dispute are: human resources, economical budget, and infrastructure. The inhibiting factors of mediation by mediating judges in civil law disputes are: the parties are not present during the mediation, the number of certificated judges, and the society’s knowledge. Based on the research results and the discussion, it can be concluded that: 1) the mediation process by the mediating judges in the solving of civil law disputes becomes the main choice of the conflicting parties, 2) the supporting and the inhibiting factors which influence the existence of mediating judges in the processof mediating civil disputes are as follows: human resources, level of knowledge or the society’s understanding, facilities and infrastructure, work burden of the judges, also the regulations in the implementation of the mediation. Suggestions regarding the results of this research are: 1) increasing the service of the mediation process by the mediating judges in court, 2) increasing the quality of the human resources, increasing the facilities and the infrastructure regarding mediation, 3) and increasing the socialization to the people regarding mediation and also the issuing of regulations on mediation which are more complete and detailed.
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Chouliaraki, Lilie. "RE-MEDIATION, INTER-MEDIATION, TRANS-MEDIATION." Journalism Studies 14, no. 2 (April 2013): 267–83. http://dx.doi.org/10.1080/1461670x.2012.718559.
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Barabas, Martyna. "Mediacja cywilna w polskim i włoskim systemie prawnym – próba porównania. Analiza pomysłu wprowadzenia obligatoryjnej mediacji cywilnej w Polsce." Studia Iuridica 76 (January 17, 2019): 9–31. http://dx.doi.org/10.5604/01.3001.0012.8607.
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The publication focuses on regulating civil mediation in Polish and Italian legal system. The aim of the work is to contrast the model of voluntary mediation in Poland with obligatory mediations introduced in Italy. The study also presents the advantages of mediation as the best method of dispute resolution. The study analyzes attempts to encourage parties to participate in mediations that have been applied in the Polish Code of Civil Procedure. In addition, the purpose of the article is to analyze the possibility of introducing mandatory civil mediations in Poland.
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Wu, Yuna. "Study on the Problems and Countermeasures of Specially Invited Mediation’s System in China Under the Diversified Dispute Resolution Mechanisms." Studies in Law and Justice 3, no. 3 (September 2024): 75–83. http://dx.doi.org/10.56397/slj.2024.09.08.
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The Provisions of the Supreme People’s Court on Specially Invited Mediation in the People’s courts, issued in 2016, formally established the specially invited mediation’s system, but the lack of uniform standards for the rules applicable to the specially invited mediation’s system, the unsoundness of safeguard mechanism, and the inefficiency of its operation have not been effectively resolved. Therefore, the scope of application of the specially invited mediation’s system should be clarified through legislation, the entry threshold of specially invited mediators should be raised, a perfect financial guarantee system for specially invited mediation should be established, and a reward and punishment mechanism should be set up to strengthen the punishment for false mediation, preventing false mediation, and increasing the supervision of the specially invited mediation procedure, so as to promote the orderly conduct of specially invited mediation and efficiently resolve disputes.
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Urozbaeva, G., O. Shkapyak, and S. Mulazhanova. "HISTORICAL EXPERIENCE OF USING INTERNATIONAL MEDIATION IN SETTLEMENT OF INTERNATIONAL CONFLICTS." Sciences of Europe, no. 150 (October 13, 2024): 37–42. https://doi.org/10.5281/zenodo.13926322.
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The paper analyzes the results of a comprehensive examination and treatment of patients with complicated forms of gallstone disease, and in particular choledocholithiasis. A comparative analysis of the implementation of the standard two-stage and improved one-stage laparoendoscopic correction of choledocholithiasis was carried out. The duration of surgical interventions, hospital stays, and intra- and postoperative complications were taken as comparative parameters. Based on the results of our study, it should be noted that the use of a modified one-step technique in patients with cholecystocholedocholithiasis improves the results of surgical treatment and is economically feasible, since it reduces the number of operations and hospitalizations for the patient.
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Hongfeng, Tang. "Archive, Mediation, and Reflections on Colonization in Modern Asia." China and Asia 2, no. 1 (June 24, 2020): 97–133. http://dx.doi.org/10.1163/2589465x-00201004.
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This paper will use the artworks and exhibitions of Cai Yingqian, Chen Min, Timoteus Anggawan Kusno, and Chen Chieh-jen to discuss how contemporary art reflects on modern colonial history through mediations. By employing ready-made media materials handed down through history, archival art moves from medium to mediation, mediating between subjects, media materials, and artistic works, and at the same time highlights the materiality and mediality of media, forming a historical picture where media and the message, objects and narrations, images and the deceased together form a unified entity. While the narrative and memory of history rely on media, mediation can summon the memory of the past. Artists can activate images and turn them into an “afterlife” to open sealed historical spacetime, resurrecting the forgotten experience of modern colonial history in Asia, and finally inciting us to face the colonial structure, which is nowadays still at the core of Asian geopolitics. Ultimately, every kind of mediation reverts back to the media itself. The construction of the archive, the production of knowledge, and the opacity of media are revealed by the close connection between colonialism and mediation.
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SLUSARENCO, Svetlana. "Medierea în Republica Moldova – realitate şi tendinţe." Revista de studii interdisciplinare "C. Stere" 1-2 (17-18) (June 15, 2018): 233–44. https://doi.org/10.5281/zenodo.3360553.
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Mediation is first and foremost an alternative to the justice that solves amicably a conflict between the parties to the conflict. Mediation has its origin in antiquity. It is found in the Justinian Codification. Our ancestors have preserved the institution of mediation in feudalism, and in modern times only in rural areas. At the present stage, the mediation procedure has grown in most European countries. The advantages of out-of-court mediation are: shorter duration, flexibility of the mediation procedure, parties can identify and adopt their own solutions. Among the disadvantages we mention: the non-binding character of the decisions, the inaccurate decisions, there is no guarantee of a successful solution. Specifically, the disadvantages of mediation have served as grounds for some states, including Moldova, to regulate the mandatory mediation for some categories of cases. This is how Italy and Romania went.
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S, Sathyanarayana, and Mohanasundaram T. "Mediation Analysis in Structural Equation Modeling (Sem): Theoretical Foundations, Statistical Methods and Practical Implications." Asian Journal of Economics, Business and Accounting 25, no. 3 (February 26, 2025): 19–37. https://doi.org/10.9734/ajeba/2025/v25i31692.
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This study offers a comprehensive investigation of mediation analysis in Structural Equation Modelling, highlighting its theoretical basics, statistical practices, and real-world applications. It differentiates mediation from moderation, explaining how mediation helps in understanding indirect relationships between latent variables. Various proposed mediation models, including simple mediation, multiple mediation, and moderated mediation, are discussed in detail. The study also analyses statistical methods such as the Causal Steps Approach (Baron & Kenny, 1986), the Product-of-Coefficients Method (Sobel Test), Bootstrapping, the Bayesian Estimation Method, and Monte Carlo Simulation, each with its respective advantages and limitations. Additionally, advanced Structural Equation Modelling techniques, such as multigroup mediation, longitudinal mediation, and latent variable mediation, are examined to address complex research scenarios. Employing a literature review-based methodology, the study synthesizes existing knowledge on best practices for estimating mediation effects using Structural Equation Modelling. Software tools like AMOS, Mplus, LISREL, and SmartPLS are discussed in the context of model specification, estimation, and evaluation. Real-world applications in business, psychology, human resource management, and marketing are illustrated, including customer trust mediating the relationship between service quality and purchase intention, employee engagement mediating the effect of transformational leadership on job performance, and social media engagement mediating brand trust and purchase intention. Key findings highlight bootstrapping as a better method for estimating indirect effects due to its non-reliance on normality of the data assumptions and Bayesian SEM as a robust substitute for handling small sample sizes and incorporating preceding knowledge. The study also discusses crucial challenges such as measurement error, model misspecification, the need for longitudinal data to establish causal inference, and comparisons between Structural Equation Modelling-based mediation and regression-based mediation using the PROCESS macro. By presenting a structured framework for mediation analysis in Structural Equation Modelling, this current study contributes to advancing causal modelling methods across various disciplines and provides directions for future research.
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Pinkl, Gabriele. "Mediation als Beratung oder mediative Beratung?" perspektive mediation 15, no. 2 (2018): 113–17. http://dx.doi.org/10.33196/pm201802011301.
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Meule, Adrian. "Kombinierte Mediations- und Moderationsanalyse: die moderierte Mediation." PPmP - Psychotherapie · Psychosomatik · Medizinische Psychologie 67, no. 08 (August 2017): 369–70. http://dx.doi.org/10.1055/s-0043-115527.
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Böhmelt, Tobias. "Disaggregating Mediations: The Impact of Multiparty Mediation." British Journal of Political Science 41, no. 4 (May 12, 2011): 859–81. http://dx.doi.org/10.1017/s0007123411000135.
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This article disaggregates coalitions of third-party mediators and examines their effectiveness in interventions. First, it is argued that there is an inverted U-shaped relationship between the size of a mediating coalition and mediation effectiveness. Secondly, mediators sharing a history of conflict and distrust will transfer their past relationships to a mediation attempt, making it less effective. Consequently, states sharing friendly and co-operative ties with each other are more successful in managing conflicts. Finally, a coalition of mediators that is largely democratic should be more effective due to a shared culture of peaceful conflict resolution, inclusivity and increased communication flows. The empirical analysis using data from the Issues Correlates of War Project for 1965–2000 largely provides support for the theory.
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Antich, Federico, and Zachary Calo. "Professional Ethics in Online Mediation." BCDR International Arbitration Review 8, Issue 1 (June 1, 2021): 175–92. http://dx.doi.org/10.54648/bcdr2021034.
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This article examines ethical issues that arise in connection with conducting mediations in an online environment. It proposes that while online mediations might not disrupt existing ethical regimes, it is nevertheless important to give sustained attention to the distinctive issues that online mediation poses, including the evolving technologies adopted.While mediation ethics, codes of conduct, and regulatory mechanisms have been established with traditional in-person mediation in mind, it is important to consider how such principles as self-determination, confidentiality, and impartiality apply in an online environment and what adaptations might be necessary to ensure ethical integrity. The article assesses how to close gaps that have arisen between existing codes of conduct and new realities shaped by changing technology and mediation practices.
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Панфилова, Елена, Elena Panfilova, Борис Лобанов, Boris Lobanov, Наталья Лобанова, and Natalia Lobanova. "MEDIATAL TECHNOLOGIES IN THE SPHERE OF INTELLECTUAL PROPERTY." Management of the Personnel and Intellectual Resources in Russia 6, no. 5 (November 21, 2017): 68–73. http://dx.doi.org/10.12737/article_5a0418b60109d4.72746745.
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The article discusses the peculiarities of alternative ways of resolving disputes in the fi eld of intellectual property (IP) using mediation, defi nes the principles of mediation, distinguishes mediation from other legal instruments for resolving disputes, reveals the specifi cs and dynamics of IP disputes abroad and the Russian Federation using mediative technologies, application of mediative technologies in the field of intellectual property, which allows to determine the features of the Russian market of mediative services.
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Zhang, Yafei, and Li Chen. "Exploration of factors leading to successful mediation." International Journal of Conflict Management 28, no. 1 (February 13, 2017): 24–49. http://dx.doi.org/10.1108/ijcma-12-2015-0087.
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Purpose The purpose of this study is to explore possible factors leading to a successful mediation in Chinese mediation shows. In China, media always play an indispensable role in information dissemination, morality advocacy and policy explanation. Design/methodology/approach This paper employed content analysis of 166 episodes of one representative mediation show, Gold Medal Mediation, and regression technique in data analysis. Findings Results of ordinal regression suggested that “secret talking”, rather than transparency, between disputants had significant influence on successful mediation. Function of mediators is limited in reaching full mediation. The effective factors leading to full mediation include compromise of rights, secret talking, attitude of the observer cohort. It suggests that the role of mediator is limited, rather than being over-exaggerated, in successful mediation. The successful mediation is largely dependent on disputants’ motivations. Additionally, “compromise of rights” by disputants is a key factor in solving disputes. Research limitations/implications Findings of this study revealed the role of Chinese mediation shows in propagating mediation in contemporary Chinese society and supporting upheld morality values. Due to the nature of the chosen mediation show, some disputes take more than one episode to solve. However, this study looks at each episode without considering the integrity of the dispute. That is, if the disputes take two episodes, the coder codes the two episodes as two separate disputes instead of looking at it as one dispute. Originality/value By exploring various aspects of mediations shows, including the role of mediators, disputants and a cohort of observers, this study can both explicitly show predicted factors to successful mediations on the shows, and can implicitly examine the power and perceived justification of mediation in contemporary China via media.
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Eisenberg, Deborah Thompson, Donna Shestowsky, and Robert R. Niccolini. "What Matters to Employment Attorneys When Considering Online or In‐Person Mediation?" Alternatives to the High Cost of Litigation 41, no. 10 (October 27, 2023): 151–58. http://dx.doi.org/10.1002/alt.22020.
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During the pandemic, most mediations pivoted to online videoconferencing platforms (Gealy et al., 2021; Golann, 2021—all citations appear in full in the References and Resources box at the end of the article). Post‐pandemic, parties have the freedom to choose between in‐person and online mediation. Research that can inform decisions about mediation format has not kept pace with the meteoric rise in online mediation. While mediators and participants have shared impressions (and some, enthusiasm) about their experiences with online mediation during the pandemic (Franklin, 2021; Paulson, 2021), we need additional research examining whether and how mediation format affects the process and outcome of mediation.
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De Palo, Giuseppe, and Romina Canessa. "The EU Parliament Study ‘Rebooting the Mediation Directive’: An Overview of Its Key Findings, And a Response to Its Critics." Nederlands-Vlaams tijdschrift voor Mediation en conflictmanagement 18, no. 1 (March 2014): 36–41. https://doi.org/10.5553/tmd/138638782014018001006.
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The EU Parliament Study ‘Rebooting the Mediation Directive’: An Overview of Its Key Findings, And a Response to Its Critics Giuseppe De Palo and Romina Canessa give a description of the recent publication of a study conducted for the European Parliament on Mediation, ‘Rebooting the Mediation Directive: Assessing the Limited Impact of its Implementation and Proposing Measures to Increase the Number of Mediations in the EU’, has contributed to the ongoing debate about effective mediation policy. The Study concluded that despite an increase in mediation awareness and the proven benefits it can have, mediation still remains largely unused as a method of dispute resolution.
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Khudoikina, T., and A. Saifetdinova. "Requirements for mediators in Russia and abroad." Bulletin of Science and Practice 4, no. 6 (June 15, 2018): 324–27. https://doi.org/10.5281/zenodo.1290000.
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The article deals with the legal basis of the mediation procedure in Russia and abroad. An analysis of the requirements for mediators is presented to provide meditative services. The authors conclude that currently, in comparison with Germany, Great Britain and Austria in the Russian Federation, there are the most ordered and uniform requirements for mediators.
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Daniyal Shoukat. "Resolving Civil-Commercial Disputes through Mediation in Pakistan: Legal Framework, Sector-Specific Application, and Digital Trends." Journal for Social Science Archives 3, no. 2 (May 1, 2025): 278–309. https://doi.org/10.59075/jssa.v3i2.237.
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Mediation is increasingly recognized as an efficient and cost-effective alternative to litigation for resolving civil-commercial disputes. This paper examines the role of mediation in Pakistan, analyzing its legal framework, sector-specific applications, and emerging digital trends. The study differentiates mediation from litigation and arbitration, detailing the mediation process, enforceability of settlements, and the roles of mediators and lawyers. It evaluates Pakistan’s legal landscape, including constitutional and statutory provisions, institutional mechanisms, and judicial efforts to promote mediation. The research highlights mediation’s application in corporate, intellectual property, and taxation disputes, along with cross-border implications and global best practices. Additionally, it explores digital mediation trends, such as Online Dispute Resolution (ODR), showcasing technology’s transformative potential. The findings underscore mediation’s growing significance in Pakistan as a viable alternative to traditional litigation, offering efficiency and accessibility in dispute resolution.
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Cao, Nan, Sai-On Cheung, and Keyao Li. "Perceptive Biases in Construction Mediation: Evidence and Application of Artificial Intelligence." Buildings 13, no. 10 (September 27, 2023): 2460. http://dx.doi.org/10.3390/buildings13102460.
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In light of advancements in big data analysis and artificial intelligence (AI), there are emerging opportunities to harness these technologies to address perceptive biases. This study examines the potential perceptive biases that may arise when construction mediation is quasi-imposed on the disputing parties. This can happen when mediation attempts are stipulated in the construction contract or court-directed. It is argued that, under such circumstances, a negative perception might arise over whether a bona fide mediation can be realised. Concerns include the fairness and timeliness of the process, as well as the practice of opportunistic mediating behaviours. With data collected from practising construction mediation practitioners in Hong Kong, the constructs of Perceptions of Bona Fide Mediation, Quasi-Imposition, and Positive Mediation Outcomes were first developed. Applying partial least square structural equation modelling to the relationship frameworks of the constructs, it was found that quasi-imposition is not as damaging as envisaged as far as having a bona fide mediation and attaining positive mediation outcomes are concerned. Moreover, a negative perception of the fairness and timeliness of the quasi-imposed mediation would jeopardise the integrity of a bona fide mediation. In this regard, utilizing NLP and machine learning algorithms offers a pioneering AI-driven approach to informing mediating parties, as well as reminding mediators to uphold the fairness and timeliness of the process for the purposes of reaching positive mediation outcomes.
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Didenko, Maria. "INTEGRATING MEDIATION INTO THE MARITIME ENGLISH CURRICULUM." Naukovì zapiski Nacìonalʹnogo unìversitetu «Ostrozʹka akademìâ». Serìâ Fìlologìčna 1, no. 23(91) (November 28, 2024): 71–75. https://doi.org/10.25264/2519-2558-2024-23(91)-71-75.
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The article explores the integration of mediation strategies into the Maritime English curriculum, emphasizing their importance in enhancing communication within the international and multilingual context of the maritime industry. With the critical need for clear communication in ensuring the safety and efficiency of navigation, the article begins by defining mediation and its relevance in language learning, as outlined in the Common European Framework of Reference for Languages (CEFR). It discusses the historical evolution of mediation in education, highlighting its role in conflict resolution and effective communication. The article categorizes mediation into three main components: mediating texts, mediating concepts, and mediating communication. Furthermore, it identifies key strategies for teaching mediation, such as linking new concepts to prior knowledge, adapting language, and breaking down complex information. Practical applications in the Maritime English context include using real-life documents, role-playing, and task-based learning to develop learners' mediation skills. The Action-Oriented Approach is emphasized as a framework to foster active participation in communicative tasks. Ultimately, the implementation of mediation strategies in Maritime English education is presented as essential for equipping future maritime professionals with the skills necessary to navigate complex communication challenges, thereby promoting a safer and more collaborative maritime work environment. As the maritime industry continues to evolve, effective mediation remains critical to operational success and the well-being of all crew members.
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Shin, Sua, and Jihyun Kim. "Effects of Parents’ Intention to Provide Smart Media on Children’s Smart Media Overdependence: Focusing on the Dual Mediating Effects of Parents’ Smart Media Mediation and Children’s Self-regulation." Korean Journal of Child Studies 44, no. 2 (May 31, 2023): 87–102. http://dx.doi.org/10.5723/kjcs.2023.44.2.87.
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Objectives: This study examined the dual mediating effects of parents’ smart media mediation(active mediation) and children’s self-regulation on the relationship between parents’ intention to provide smart media and children’s smart media overdependence.Methods: Data were collected from 514 parents of 5-year-old children who had previously used smart media. Data were analyzed using descriptive statistics, and partial correlations were analyzed using JASP. Structural equation model(SEM) analysis was conducted using R Studio. Bootstrapping method was used to examine indirect effects.Results: First, parents’ smart media mediation(active mediation) had no partial mediating effect on the relationship between parents’ intention to provide smart media and children’s smart media overdependence. Second, children’s self-regulation had partial mediating effects on the relationship between parents’ intention to provide smart media and children’s smart media overdependence. Finally, parents’ smart media mediation(active mediation) and children’s self-regulation had dual mediating effects on the influence of parents’ intention to provide smart media on children's smart media overdependence.Conclusion: To reduce children’s long-term smart media overdependence, it is necessary to develop selfregulation that allows the independent and active use of smart media. Therefore, parents must determine their intentions to provide smart media to their children, avoid convenience intention, and reinforce their educational intention to provide smart media. Nevertheless, parents should develop self-regulation in their children through appropriate mediation, where they discuss rules, negative situations, and safe use.
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Martin, Aran. "International mediation in low intensity conflicts." International Journal of Conflict Management 27, no. 4 (October 10, 2016): 505–22. http://dx.doi.org/10.1108/ijcma-07-2015-0043.
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Purpose Success and failure in mediation are widely understood to determine whether a state will receive positive or negative reputation outcomes from undertaking a mediation role in an international conflict. Research from mediation in domestic settings contradicts this view, finding that peer mediators in school and community settings received positive mediator outcomes from undertaking their role, even when they failed to facilitate an agreement between disputants. This paper aims to test this assumption and argues that mediation success and failure are only weakly correlated with observable reputation outcomes for mediating states and proposes an alternative explanatory framework. Design/methodology/approach The hypothesis was inductively generated through a comparative analysis of single-state mediation attempts selected from the Uppsala Conflict Database Project MILC data set. The cases selected were South Africa’s mediation attempts in Côte d’Ivoire from 2004 to 2005 and Comoros from 2003 to 2004, and Mexico’s mediation attempts in Colombia (National Liberation Army) in 2004 and Guatemala (Guatemalan National Revolutionary Unity) between 1994 and 1996. To contextualise the findings and develop the explanatory framework, South African mediation attempts in Burundi and the DRC are discussed in the closing sections of the paper. Findings This paper finds that mediation success and failure are only weakly correlated with mediator outcomes. Mediator outcomes are explained by the activity level of the mediating state in providing mediation services; the positive intention of the mediator to assist in resolving the conflict; the scale of the conflict mediated; the severity of spill over effects from the conflict in question; the regional importance of the conflict; the proximity of the government which a mediating state looks to develop relations with to the conflict; the importance of the mediation attempt within the peace process; the level of contestation of the mediation attempt, meaning the extent to which mediation attempts are themselves sites of regional or global international power politics; and the success or failure of the mediation attempt. Originality/value An explanatory framework for state mediator outcomes in which the outcome of a mediation attempt for the third-party state is not determined solely, or even primarily, by mediation success or failure bridges mediation research applying to international and domestic issue areas and provides additional information for policy makers regarding the costs and benefits of committing their state to processes of mediation in conflicts with low probabilities of resolution. This is particularly important for state policy makers, given that mediation is successful on average in only one out of every three attempts.
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Khudoyorova, Farangiz. "MEDIATION - ITS LEGAL FOUNDATIONS AND PRINCIPLES, ISSUES OF MEDIATION IN INTERNATIONAL AND NATIONAL PRACTIC." EURASIAN JOURNAL OF ACADEMIC RESEARCH 1, no. 2 (May 17, 2021): 463–68. https://doi.org/10.5281/zenodo.4768702.
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<em>This article is devoted to mediation and its features, its application in practice, the use of meditation in Uzbekistan and around the world, the theoretical interpretation of mediation, the Agreement on Mediation, the Law of the Republic of Uzbekistan "On Mediation".</em>
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Barakat, Afaf Mamdouh Mohamed, Rasmeya Mohamed Farghali Metwalli, Islah Hassan Elawad, and Ahlam A. Gabr. "Preschool Children's Language as a Mediator in the Relationship between Their Executive Function and Emotional Competence." International Journal of Instruction 18, no. 2 (April 1, 2025): 653–70. https://doi.org/10.29333/iji.2025.18235a.
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The impact of executive function on individual emotional competence directly may affects individual emotional competence. It may indirectly affects individual emotional competence through language. This study investigates the mediating effect of preschool children's language in the relationship between their executive function and emotional competence. A total of 210 preschool children from four kindergarten in Rafha city were randomly selected. The Pearson’s Moment Product Correlation Coefficient Technique was used to determine the relations between study variables. The mediating role of language in the relationship between Executive Function and Emotional Competence was examined with basic mediation analysis using Model 6 in PROCESS macro. The mediation effect results show that language plays a partial mediating role between executive function and the emotional competency of preschool children. The results of mediation analysis show that language plays a partial mediating role in the mediation model of "executive function-language-emotional competence".
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PRADEEP, KUMAR BHARADWAJ, SRI ASHISH REDDY GARUGU, and G.VINODINI DEVI Dr. "ROLE OF WOMEN MEDIATORS IN EFFECTIVE MEDIATION." Seybold Report Journal 18, no. 10 (October 2, 2023): 1–10. https://doi.org/10.5281/zenodo.8433593.
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<strong>A</strong><strong>bstract</strong> The women, peace and security agenda through the adoption of United Nations Security Council Resolution 1325<sup>1</sup>, has identified the need and necessity of women mediators and their required role in bringing peace and harmony through their effective conflict resolving abilities. Though 13 years have passed since the Resolution of 1325, there endures to be a scarcity of women being recognized to the post of senior peacemaking positions viz., the Mediators in effective dispute resolution mechanism of Mediation. Since their participation in dispute resolution remains scanty, their presence and participation in all levels of Mediation also remains poorly represented and understood. In any given circumstances, the general understanding is that women are more aware than men of the problems of legitimating themselves in their mediator role. It is probably another common suspicion or impedimental thought process that women being female gender shall be on the disadvantage side to establish trustworthiness with the parties to the process of Court or private mediation. Women mediators were doubted to maintain the decorum of being ‘Neutral” to the parties in the process of Mediation. All said, women have weathered the negativity, and as mediators, they have steered the right techniques of mediation in successfully making the process to be an acclaimed process of transformation among parties to enter into mutually successful win-win situational agreement of their legal disputes. In the present day Mediation, the role of women as mediators has taken front seat due to their very own assertion in the mediation process of making them acceptable by parties by their sheer persuasive skills and ability to succeed during testing times of impasse. This paper makes an effort to bring out such and several salient features of the need and effectivity of the role played by women as mediators.
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MOHD. ZAIN, NOR RAZINAH, Faisal Ahmadi, and Lia Sautunnida. "Faith-Based Mediation: A Comparative Perspective on The Application of Sulh and Ho’oponopono." Malaysian Journal of Syariah and Law 7, no. 1 (2019): 1–9. http://dx.doi.org/10.33102/mjsl.v7i1.88.
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The application of mediation can be traced in many culture and tradition across the world. Closely related to the faith of the people, mediation has essential roles in resolving disputes among the members of the society. While the faith-based mediation of Ho’oponopono is famous in Hawaii, the faith-based mediation of Sulh is famous among Muslims in South East Asia. The dispute resolution strategies which are used in Ho’oponopono and Sulh are comparatively analysed in this research. The practices of Sulh are evaluated based on empirical findings collected from Pasir Mas (Kelantan, Malaysia) and Indragiri Hilir (Riau, Indonesia). Meanwhile, the qualitative findings on practices of Ho’oponopono are collected from earlier researches that utilised empirical investigations. By employing a qualitative doctrinal analysis, this research identifies similarities and differences of faith-based mediations of Sulh and Ho’oponopono. At the same time, the said faith-based mediations’ potentials and challenges are explored. Focusing on an expeditious resolution, it is found that faith-based mediations are still applied among the members of the society in Malaysia, Indonesia and Hawaii.
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Yoon, Sojin, Myeongseong Lee, Joonwoo Lee, and Sehee Hong. "The Effects of Parent’s Smartphone Dependency on Child’s Smartphone Dependency: Serial Mediating Effects of Parenting, Child’s Depression and Aggression." Korean Journal of Child Studies 42, no. 6 (December 31, 2021): 707–20. http://dx.doi.org/10.5723/kjcs.2021.42.6.707.
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Objectives: This study examined the two-way effect of a parent’s smartphone dependency on child’s smartphone dependency focusing on the serial mediating effects of positive/negative parenting, and child’s depression/aggression.Methods: The sample comprised 2,290 fifth-grade elementary school students and their parents (father or mother). The results of descriptive statistics, Pearson correlation were calculated using SPSS 25 and the mediation model was analyzed using AMOS 25.0. The comparison among the serial mediation models was analyzed using AMOS 25.0 syntax.Results: A parent’s smartphone dependency had a significant direct effect on child’s smartphone dependency. The mediating effects of both positive/negative parenting and child’s depression/agression on the relationship between parent’s and child’s smartphone dependency were significant, supporting the serial mediation model. As a parent’s smartphone dependency increased, negative parenting increased while the positive parenting decreased. As negative parenting increased, a child’s depression and aggression did as well, finally leading to higher levels of smartphone dependency in the child. In contrast, as positive parenting increased, the child’s depression and aggression decreased leading to lower levels of smartphone dependency in the child. The path from parent’s to child’s smartphone dependency through negative parenting and aggression had the highest mediation effect.Conclusion: This study showed that the child’s smartphone dependency is affected by not only by childrelated factors (depression and aggression) but also parent-related factors (smartphone dependency and parenting). Additionally, comparing mediational effects, interventions focusing on negative parenting and child’s aggression might be more effective to reduce levels of child smartphone dependency.
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Song, Daolei, and Shirun Yu. "The Elevation of Law and the Weakening of Morality: Law-oriented Mediation and its Mechanism in Urban China." China: An International Journal 23, no. 1 (February 2025): 45–67. https://doi.org/10.56159/chn.2025.a953052.
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Abstract: Unlike mediation practices in rural China, law-oriented mediation has developed in urban China. Existing studies however generally focus on the role of morality in mediation, often neglecting the role of law in the mediation process. Findings from field investigations and an analysis of files related to mediation from the subdistrict mediation committees in the megacity of S have shown that people’s mediation in China has transformed and taken an approach towards law-oriented mediation in which morality fulfils an ancillary role. Law-oriented mediation materialises the embeddedness of law in the mediation process to influence the parties’ consensus through four mechanisms related to the legal process: determination, intervention, spillover and enhancement. In the first two mechanisms, law effectively “replaces” morality, while in the latter two, law “blends” with morality. The application of law rather than of morality has proven to be more effective in mediating and hence resolving disputes in urban China.
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Sivalogathasan, V., and A. Jahufer. "Multiple Mediation and Moderation Variables Effect and Review: Statistical Analysis with a Multiple Independent Variables." Sri Lanka Journal of Management Studies 6, no. 1 (August 30, 2024): 20–43. http://dx.doi.org/10.4038/sljms.v6i1.126.
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This study briefly discusses the process of mediating and moderating analysis in a management research process. The modern approaches to statistical mediation and moderation analysis focus on estimation and inference about the indirect effect of independent variables X on dependent variable Y through proposed intervening variable M and moderation variable Z. Mediators and moderators are often overlooked in research designs, or the terms are used incorrectly. To date, virtually all discussions of these approaches have assumed X is either dichotomous or continuous, even though investigators frequently are interested in testing mediation hypotheses involving multiple independent variables. The aim of the research study is to learn from past practice and to use that knowledge to signal to researchers the importance of correctly applying mediation and moderation tests as well as to facilitate the valid testing of mediation and moderation models and the reporting of mediations and moderators results in future management research studies. This research article summarizes the conceptual differences between mediators and moderators. The statistical analysis of mediators and moderators in multiple regressions is briefly described and presented. The authors describe the estimation of indirect effects in statistical mediation analysis with a multi-independent variables and moderation variables. The authors introduce the concept of the relative indirect effects, show how relative indirect effects are estimated in multiple regressions and structural equation modeling and how they are interpreted as functions of how the variables are analyzed. The authors describe inferential tests for the relative indirect effects and provide examples.
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Teguh Anindito, Aris Priyadi, and Arif Awaludin. "Pentingnya Mediasi Dalam Mengurangi Kasus Perceraian DiPengadilan Agama Banyumas." Wijayakusuma Law Review 4, no. 2 (December 10, 2022): 51–60. http://dx.doi.org/10.51921/wlr.f1gaeb74.
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Mediation as one of the tools that is needed in dealing with divorce cases is very important. Many divorcecases are resolved through mediation. Research conducted at the Banyumas Religious Court usingnormative juridical methods shows that mediation still needs to be socialized to resolve the various divorcecases that have piled up at the Banyumas Religious Court. It is necessary to overcome various obstacles inresolving cases through this mediation. Minimizing obstacles will help achieve optimal mediation. Effortsmade by the Supreme Court by making Supreme Court Regulations further strengthen the role of mediationin settling cases.
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Godin, Paul Denis. "Sport Mediation: Mediating High-Performance Sports Disputes." Negotiation Journal 33, no. 1 (January 2017): 25–51. http://dx.doi.org/10.1111/nejo.12172.
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Bracco, Fabrizio, Nora Gattiglia, Gabriele Greggio, and Mara Morelli. "Learning-by-mediating. Reflexive mediation in action." TECHNO REVIEW. International Technology, Science and Society Review /Revista Internacional de Tecnología, Ciencia y Sociedad 11, Monográfico (November 28, 2022): 1–21. http://dx.doi.org/10.37467/revtechno.v11.3809.
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This paper aims at sharing some reflections and results concerning some experiences carried out within a European interdisciplinary Erasmus+ project. The main themes are community and peer mediation, considered from the perspective of educational innovation and experimentation. Two on-line videorecorded meetings of the project are analysed to show that the process of the project and this article-writing was consistent with mediation, that emerges as a topic within a discipline, but also as a cross- disciplinary methodology. The collective construction of meaning becomes a way to acquire knowledge, skills and attitudes while the participants are involved within interactive and constructive educational dynamics.
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Kossakowska-Pisarek, Sylwia, Roy Siddall, and Malgorzata Świerk. "Mediation: Teachers’ Attitudes and Perceptions of Needs at European Universities in the Context of Eu Language Policy." Sustainable Multilingualism 20, no. 1 (June 1, 2022): 129–53. http://dx.doi.org/10.2478/sm-2022-0006.
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Summary Mediation is a novel concept in language teaching and learning, and the needs and attitudes of language teachers towards it are largely unexplored. This article provides a brief overview of European language policy and discusses the action-oriented approach in the context of this paradigm shift in language learning and teaching. Finally, an exploratory study is presented that examined the needs and attitudes of language teachers from four European universities regarding mediation, as it has been formulated in the Common European Framework of Reference (CEFR) (Council of Europe, 2001) and redefined in the CEFR Companion Volume with New Descriptors (Council of Europe, 2018). The participating teachers were from the language centres of Charles University in the Czech Republic, Vytautas Magnus University in Lithuania, the University of Helsinki in Finland, and the University of Warsaw in Poland. The study survey measured the strength of (dis)agreement of the teachers with 12 statements concerning various aspects of mediation in the context of their teaching practice. These related to understanding what mediation is and its importance, mediating a text, mediating concepts, mediating communication, and mediation strategies. In addition, two open questions concerned the practice of promoting multilingual and intercultural education and the needs of teachers in the area of mediation. Although the vast majority of the 79 participating teachers (91%) agreed that mediation is vital in language learning and teaching, only a third of them claimed that they understood the concept. Furthermore, the findings indicate that some aspects of mediation are more challenging for the teachers to embrace than others and that some fundamental aspects of mediation do not seem to be part of the current teaching practice of all teachers. Overall, the present study confirmed some of the challenges with the implementation of the CEFR into teaching practice at the higher education level.
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Lee, Yena, Kyeongnam Park, and Yunjeong Hwang. "The Implementation of Mediation Activities in Textbooks for Korean Learners: Focusing on Korean History Textbooks for Thai Learners of Korean." Korean Association for Literacy 14, no. 2 (April 30, 2023): 13–36. http://dx.doi.org/10.37736/kjlr.2023.04.14.2.01.
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This study outlines the mediation activities implemented in a recently published history textbook for Thai learners of Korean. It aims to explore the possibility of developing and applying mediation activities in teaching and learning in Korean language education. This study hypothesized that learners’ cognitive difficulties caused by language barriers and the subject characteristics of the text could be addressed through mediation activities. Therefore, this study examined the mediation by focusing on the “mediating a text”, which can increase the connection between “reading” and the subject, in this case, “history.” Moreover, this study discussed the characteristics of each activity for “mediating a text” and its application in Korean language classes, with examples of each sub-activity beyond the textbook design. This study is significant as it builds on the concept of mediation, which was only vaguely presented in a curriculum, and suggests specific activities applicable to teaching and learning.
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Clark, Bryan. "Mandatory Mediation in England and Wales." Amicus Curiae 4, no. 1 (November 2, 2022): 92–108. http://dx.doi.org/10.14296/ac.v4i1.5490.
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This article is concerned with the thorny issue of mandatory mediation. In so doing, the piece charts the development of court-linked mediation in England and Wales from the days of the Woolf reforms and examines the growing clamour from judges, policymakers, commentators and, more recently, mediators for a shift from a mere cajoling of parties to mediate to outright compulsion. The article examines recent proposals for the introduction of mandatory mediation in English civil justice and sets out the view that, while mandatory mediation is inevitable and not per se objectionable on legal or policy grounds, care must be taken to ensure that it is implemented in such a way as to balance up different important policy drivers including efficiency, preserving the qualitative goals of mediation and filling the ‘justice gap’ that mediating in the shadow of the court can leave.
 Keywords: mediation; mandatory mediation; access to justice; court-based mediation; mediation policy; litigants in person.
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О., О. Скачкова. "РОЗВИТОК СИСТЕМ МЕДІАЦІЇ ТА КОМПЛАЄНСА НА УКРАЇНСЬКИХ ПІДПРИЄМСТВАХ". Вчені записки ХГУ «НУА» 27 (17 квітня 2021): 283–94. https://doi.org/10.5281/zenodo.4698998.
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The article reveals the essence of the terms “compliance” and “mediation” at enterprise, defines the elements of the compliance system, substantiates the need to develop and implement compliance policy in Ukrainian enterprises. In business, disputes are partly caused by different demands and rights, and sometimes by the usual reluctance to give in instead of being guided by interests. Awareness of this encourages managers and consultants to increasingly resort to out-of-court dispute resolution methods, including compliance and mediation procedures. Lack or inefficient organization of the compliance process can lead to the owner losing control over the business, as well as reduce the effectiveness of the company’s entire business. Theoretical principles of business compliance are studied, the improvement of the business process management system of the enterprise is offered. There is no compliance control and management procedure in Ukraine. This means that Ukrainian regulations do not provide for the mandatory introduction of compliance services, and risk management is applied on a voluntary basis. The application of the mediation and compliance system in Ukraine as an effective institution for resolving disputes has not yet been developed. Therefore, the formation and development of mediation and compliance procedures in the economic practice of Ukrainian enterprises will increase efficiency by: reducing the financial and time costs of the parties and the state; rational use of the existing institutional and organizational mechanism to improve the legal culture of employees of the enterprise; improvement of legal and economic mechanisms to ensure the person’s right to protection; ensuring the principle of the rule of law and harmonization of social relations. Mediation and compliance increase the impact on the culture of legal and economic relations, litigation, emphasizing everyone’s own responsibility for decisions, as opposed to delegating responsibility to third person.
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Schneider-Brodtmann, Jörg. "„Deal Mediation“ – Mediation ohne Konflikt?" Zeitschrift für Konfliktmanagement 22, no. 3 (June 1, 2019): 89–92. http://dx.doi.org/10.9785/zkm-2019-220305.
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Fouladfar, Dennis, and Alexander Jüchser. "MEDIATION. Mediation in existentiellen Unternehmenskrisen." Zeitschrift für Konfliktmanagement 25, no. 3 (June 1, 2022): 94–98. http://dx.doi.org/10.9785/zkm-2022-250305.
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Brandão Bárrios, Luísa. "European Mediation and Indigenous Mediation." Teisė 115 (June 29, 2020): 134–46. http://dx.doi.org/10.15388/teise.2020.115.9.
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The article investigates the European and Indigenous mediation and its different circumstances. Mediation is one of a variety of procedures to solve a conflict; it is based on the voluntary participation of the parties and it is a procedure, in which an intermediary without adjudicatory powers (the mediator) systematically facilitates communication between the parties with the aim of enabling the parties themselves to take responsibility for resolving their dispute.
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Hollon, Steven D. "Moderation, mediation, and moderated mediation." World Psychiatry 18, no. 3 (September 9, 2019): 288–89. http://dx.doi.org/10.1002/wps.20665.
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