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1
Tyumeneva, Natalia Vl. "Conciliation procedures in procedural law and legislation (on the example of judicial mediation and judicial reconciliation)." Law Нerald of Dagestan State University 43, no. 3 (2022): 123–29. http://dx.doi.org/10.21779/2224-0241-2022-43-3-123-129.
Анотація:
The article examines the role of conciliation procedures in civil, arbitration and administrative processes, as well as the specifics of judicial mediation and a new conciliation procedure – judicial reconciliation with the participation of a judicial conciliator. It is noted that the institutionalization of conciliation procedures and the expansion of their types are necessary to optimize the judicial process and strengthen its dispositive principles. A comparative analysis of judicial mediation and judicial reconciliation is carried out. The article considers the unity of their principles, consensuality, partial integration into the judicial process, non-jurisdictional nature; the active role of the mediator and the judicial conciliator during the mediation and judicial reconciliation procedure; a high degree of self-regulation by the parties. The differences between judicial mediation and judicial reconciliation in the order of conduct are substantiated, as well as the differences in the legal status of the mediator and the judicial mediator are explained. The necessity of fixing the measures of responsibility for the judicial conciliator in the implementation of the judicial reconciliation of the parties is substantiated. The conclusion is made about the prospects of mediation and judicial reconciliation in the legal system of Russia.
2
Zamroni, Mohammad. "MISCONCEPTIONS ON THE CONCEPT OF MEDIATION AND CONCILIATION IN THE ACT ON INDUSTRIAL RELATIONS DISPUTES SETTLEMENT." Yustisia Jurnal Hukum 10, no. 2 (August 28, 2021): 240. http://dx.doi.org/10.20961/yustisia.v10i2.48667.
Анотація:
<em>Mediation and conciliation are alternatives with varying characteristics acting as a third-party figure in settling disputes in industrial relations. These alternatives are perceived as the same in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. It leads to conceptual errors and causes mistakes in formulating the mediator and conciliator's authority. Therefore, this study analyzed the concepts of mediation and conciliation as regulated in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. This is a normative legal research carried out with the statutory, conceptual, and comparative law approaches. The result showed that the concept of mediation and conciliation formulated in the Act Number 2 of 2004 on Industrial Relations Disputes Settlement deviates from the basic concepts of the mediator and conciliator to make written recommendations. Conceptually, the mediator and conciliator are facilitators incapable and capable of making written recommendations, respectively</em>
3
Rebayla, Ethel Jhoann T., Joan M. Segre, Maria Antoniette V. Rojas, and Waliza Indita. "Effectiveness of Conciliation Mediation in Regional Arbitration Branch – National Capital Region." International Journal of Multidisciplinary: Applied Business and Education Research 4, no. 1 (January 19, 2023): 222–49. http://dx.doi.org/10.11594/ijmaber.04.01.21.
Анотація:
This study aimed to determine the Effectiveness of Conciliation Mediation in Regional Arbitration Branch – National Capital Region. It employed the descriptive-quantitative method of research using the researchers-made instrument to gather data from the 60 employees of the National Labor Relations Commission. They served as respondents to the study. The researcher personally distributed the tool using the random sampling technique because the researchers distributed the questionnaire to every member of the population and gave them an equal chance of being selected. It was discovered that most respondents were in the age range of 51-60 years old and above, female, married, and 26 years and above in the government service. When the effectiveness of the conciliation medication was tested, the result yielded that the Conciliation Mediation Process, Duration of the Process, Conciliator Mediator Skills, and Termination of the Conciliation Mediation Process in terms of efficacy, efficiency, and reliability were highly effective. Taking into account the result of the study, it was recommended that regular training for conciliators mediators should be conducted so that their skills in settling preliminary labor disputes may be enhanced and which will result in more future settlements between the parties involved. It is also recommended that the conciliator mediators increase their commitment to accommodate all requests and possible assistance to our laborers. It is likewise prudent to train new and incoming conciliator mediators so that as early as now, they will be given a chance to experience and explore handling conciliation mediation.
4
Polich, S. B. "INSTITUTE OF JUDICIAL RECONCILIATION: SCIENTIFIC AND PRACTICAL FORECASTS." Issues of Law 20, no. 4 (2020): 50–52. http://dx.doi.org/10.14529/pro-prava200407.
Анотація:
The article denotes judicial conciliation as one of the new institutions of mediation, it is argued that a judicial conciliator, as a professional mediator, is simultaneously “engaged” in judicial activity, a priori it is argued that a retired judge by virtue of his status is precisely a professional mediator, it is proposed to qualify the powers judicial conciliator as judicial activity
5
Ivanova, Ekaterina, Galina Sheremetova, and Elizaveta Solomeina. "Judicial Conciliation: Conditions for Effective Development." SHS Web of Conferences 134 (2022): 00099. http://dx.doi.org/10.1051/shsconf/202213400099.
Анотація:
The article examines the problems of effective improvement of a new conciliation procedure in the Russian litigation-judicial reconciliation. The study was carried out based on the results obtained during legal experiments on the integration conciliation procedures into civil proceedings, which took place in the Sverdlovsk region in 2011 – 2014 and in the Lipetsk region – in 2013 – 2014. The study analysed the possibility of attributing judicial conciliation to the models of conciliation procedures (private or integrated). Authors concluded that it is impossible to classify judicial conciliation as only one certain model due to the presence of features from both private and integrated models of conciliation procedures. The authors carried out comparative analysis between the judicial conciliation and mediation. Overall, the conclusion is the following - the requirements for a mediator and for a judicial conciliation should be identical in terms of qualifications. In order to obtain qualifications, a judicial conciliator must undergo special training. The implementation of the set out conclusions on the need for special training of judicial conciliators will lead to an increase in the effectiveness of the application of the judicial conciliation procedure and, as a consequence, to a caseload decrease.
6
EVTUKHOVICH, E. A., and D. G. FILCHENKO. "JUDICIAL CONCILIATION AND JUDICIAL CONCILIATOR." Herald of Civil Procedure 10, no. 6 (January 25, 2021): 265–93. http://dx.doi.org/10.24031/2226-0781-2020-10-6-265-293.
Анотація:
The article analyzes the provisions of procedural legislation on judicial conciliation and judicial conciliators. The authors review the provisions of several draft laws that contained rules on judicial conciliators. In particular, attention is paid to the projects of the Supreme Arbitration Court of the Russian Federation, projects of the Supreme Court of the Russian Federation, the Concept of a unified civil procedure code. The authors pay attention to the experience of foreign states in the formation of the institution of judicial conciliation procedures. The notion of judicial conciliation is considered in detail, as well as individual consequences of the consolidation of provisions on judicial conciliation in legislation. Authors conducted an independent analysis in order to compare and distinguish between judicial conciliation and mediation. For this, the authors have formulated the necessary criteria. The consequences of the appeal of the parties to the dispute to judicial conciliation are revealed. The specifics of regulating relations in organizing and conducting judicial conciliation, as well as the results of an appeal to judicial conciliation, have been established. Most of the article is devoted to the status of the judicial conciliator. The requirements for it are considered. The features of the position of the judicial conciliator in the organization and conduct of judicial reconciliation are revealed. Attention is paid by the authors to the formation of lists of judicial conciliators. The features of financing the activities of judicial conciliators are noted.
7
Nitschke, Frauke. "Amicable Investor-State Dispute Settlement at ICSID: Modernizing Conciliation and Introducing Mediation." BCDR International Arbitration Review 6, Issue 2 (December 1, 2019): 381–432. http://dx.doi.org/10.54648/bcdr2019010.
Анотація:
The International Centre for Settlement of Investment Disputes (ICSID) has embarked on a comprehensive reform of its existing dispute settlement mechanism and also added a set of mediation rules to its service offerings. This article reviews the proposed amendments to the ICSID conciliation mechanism and ICSID’s proposed investment mediation framework. In relation to the proposed amendments to the ICSID conciliation mechanism, the article analyzes key differences and similarities between ICSID Convention arbitration and ICSID Convention conciliation, before providing an overview of the amendments proposed to the conciliation framework and offering some conclusions. Subsequently, the article reviews the background against which the ICSID Mediation Rules have been developed and sets out the key differences and similarities between ICSID’s existing conciliation process and the newly proposed mediation mechanism. The article then provides a comprehensive overview of the Mediation Rules before offering conclusions and a positive outlook for amicable investor-State Dispute Settlement.
8
Goodman, Ronald E. M. "Conciliation, Mediation and Dispute Resolution." Proceedings of the ASIL Annual Meeting 90 (1996): 75–78. http://dx.doi.org/10.1017/s0272503700085803.
9
Salmina, Svetlana G. "ON MEDIATION INSTITUTE IN CRIMINAL PROCEDURE." Yugra State University Bulletin 13, no. 1-2 (March 15, 2017): 122–25. http://dx.doi.org/10.17816/byusu2017131-2122-125.
Анотація:
The article considers some aspects of mediation in criminal procedure. The author has defined the author’s notion “mediator”. Special attention is paid to conciliation procedure in criminal procedure legislation. There are examples of use of mediation services in educational institutions of the Russian territorial entity
10
Ivanova, Ekaterina A., and Galina S. Sheremetova. "Conciliation Procedures: Issues of Application in a Civil Procedure." Arbitrazh-civil procedure 11 (October 29, 2020): 24–26. http://dx.doi.org/10.18572/1812-383x-2020-11-24-26.
Анотація:
The article is devoted to some leading issues that appeared both before and during the modernization of the civil procedure in the area of the conciliation procedures development. Firstly, the authors analyzed the issue of including the conciliation (mediation) period in the general period of the trial, as well as the issue of unification of the conciliation periods application in civil and commercial procedures, administrative proceedings and legislation on mediation. Secondly, the authors kept up to date the issue of popularizing conciliation procedures among citizens, the solution of which is proposed to be achieved by teaching special skills of the judiciary for the effective implementation of conciliation in the civil procedure.
11
Knieper, Judith. "The Making of the UNCITRAL Mediation Framework." BCDR International Arbitration Review 6, Issue 2 (December 1, 2019): 239–60. http://dx.doi.org/10.54648/bcdr2019002.
Анотація:
The UNCITRAL mediation framework consists of the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention on Mediation, the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, 2018 (amending the Model Law on International Commercial Conciliation, 2002) and the Conciliation Rules.The UNCITRAL mediation framework will be supplemented by updated mediation rules as well as notes on mediation, which are currently on UNCITRAL’s agenda. This framework is the result of the typical inclusive and transparent UNCITRAL drafting process and will hopefully contribute to the strengthening of mediation worldwide and make it an attractive and flexible dispute resolution tool.
12
Trofimets, I. A. "The Principles of International Family Mediation." Lex Russica 75, no. 10 (October 18, 2022): 33–40. http://dx.doi.org/10.17803/1729-5920.2022.191.10.033-040.
Анотація:
Mediation among alternative ways of dispute resolution, along with conciliation and negotiations, occupies priority positions, having shown its effectiveness in comparison with judicial and administrative forms of protection of the rights and legitimate interests. The attractiveness of mediation lies precisely in the simplicity and convenience of the procedure itself, a calm atmosphere of dialogue mediated by a mediator and the obligation to resolve the conflict fairly with due regard to the opinions of all parties involved. Mediation originated as a technique for the family law disputes resolution and it is still widely used for this category of disputes and for cross-border (international) intra-family conflicts as the optimal form of dialogue between conflicting family members. Fundamental principles of mediation — the guiding principles of construction — predetermine its attractiveness as conciliation prosedure. This social institution is based on voluntariness, confidentiality, impartiality and neutrality, applicability, decisions made by the participants themselves, availability of independent legal support for each of the participants, priority of the rights and legitimate interests of minors, understanding and taking into account cultural differences between family members, as well as special qualification requirements applied to international family mediators. In some cases, mediation really avoids seeking legal assistance from judicial and administrative authorities, and in some cases it accelerates the processes of proceedings involving representatives of judicial or executive authorities. For cross-border intra-family disputes, this approach is very relevant, since the international family mediator, while mediating, does not ignore cultural, religious and social differences between disputing family members. In addition, a mediation agreement does not become enforceable at its conclusion. A mediation agreement becomes enforceable only when confirmed by a court or notary, which provides it with the coercive force of the state.
13
Tsvetkova, O. V. "Mediation and Its Role in the Settlement of Internal Territorial Conflicts in the RF." Russian Journal of Legal Studies 5, no. 1 (March 15, 2018): 136–40. http://dx.doi.org/10.17816/rjls18360.
Анотація:
In the article the author offers to use the technology of political mediation in the settlement and the settlement of internal territorial conf lict in the political space of the Russian Federation. Special attention is given to latent internal ethno-territorial conf licts. This article assumes that the mediator in resolving this type of conf lict should be professional and non-professional mediator, using the elements of the technology of political mediation in the form of mediation, conciliation and arbitration.
14
Makarenko, Natal'ya Nikolaevna. "Settlement and other results of the procedure of judicial conciliation." Юридические исследования, no. 8 (August 2020): 1–11. http://dx.doi.org/10.25136/2409-7136.2020.8.33745.
Анотація:
This article is dedicated to the question of the essence of a settlement within the framework of judicial conciliation procedure. The issue is being explored from comparative perspective, where the essence of a settlement within the framework of judicial conciliation procedure is compared to the essence of a similar institution in terms of mediation procedure. The work examines legal precedent and doctrinal opinions of experts on the issues of legal essence of judicial conciliation as ones established by judicial and non-judicial procedure of conciliation. The author highlights the key aspect of the procedure of judicial conciliation in relation to reaching a settlement, including the rights and obligations of the parties to the process from one side, and the court on the other. The conclusion is made that the legal nature of settlement represents a mixture, comprised of elements of material (civil law), as well as procedural (civil procedure) law. A claim is made that within the framework of the judicial conciliation procedure, the legal nature of a settlement contains more procedural law elements than that of mediation procedure, which is explained by the broader authority of the court and correlating reduced authority of the parties than in terms of a mediation procedure.
15
CHEKULAEV, SERGEY. "Some problems of applying conciliation procedures in the resolution of corporate disputes complicated by a foreign element." Public Administration 23, no. 1 (2021): 56–64. http://dx.doi.org/10.22394/2070-8378-2021-23-1-56-64.
Анотація:
The article describes the perspectives for using mediation to resolve corporate disputes complicated by a foreign element, when it is necessary to resolve possible conflicts by reaching consensus between the parties. When using conciliation procedures, one should consider different states of the relevant national legislation and regional international agreements, and also take into account not only the interests and interpretation of the problem situation from the position of the participant – the party to the dispute, but also the legislative regulation based on the current legal framework. One problematic issue in this area is the existence of several legal approaches. Cooperation is often complicated by the likelihood of a negative outcome. Conflicts of interest can lead to unwanted consequences. One of the most effective ways for settling conflicts is the use of conciliation procedures: negotiations, mediation, mediation and judicial conciliation, as well as other procedures that do not contradict the current legislation. In general, mediation is seen as a flexible process that supports the autonomy of the parties, legal and non- legal approaches to problem solving and creative individual solutions. In addition, the issue of choosing conciliation procedure for resolving a dispute can be resolved by participants in corporate relations even before the conflict arises by fixing a mediation clause in the local documents of the organization.
16
Schmidt, Gustavo, and Juliana Bumachar. "Prior Corporate Insolvency System - previous mediation and conciliation." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 4, no. 7 (July 15, 2022): 103–18. http://dx.doi.org/10.52028/rbadr.v4i7.7.
Анотація:
This paper addresses, from a theoretical and dogmatic perspective, the new legal doctrine applicable to previous mediation and conciliation in the reorganization of companies in difficulty. The central argument is that mediation (and all other non-adversarial methods of conflicts) can contribute significantly to making recovery plans more transparent. Therefore it allows for realistic and sustainable reorganizations plans, adapts to the interests of creditors and the company, and increases the commitment of all stakeholders to the company's recovery. Keywords: mediation; conciliation; alternative dispute resolution. company reorganization; Act nº 14.112/2020.
17
Kutsenko, Tatyana Mikhailovna. "On implementation of the models of judicial mediation in the administrative process." NB: Административное право и практика администрирования, no. 4 (April 2021): 48–54. http://dx.doi.org/10.7256/2306-9945.2021.4.37390.
Анотація:
This article examines the possibility of implementation of the models of judicial mediation tested in international practice applicable to administrative disputes. Analysis is conducted on the models of judicial mediation, their merits and flaws. The author outlines the spheres and categories of administrative cases that may require judicial mediation, as well as provides original perspective upon the problem. The integration of mediation into judicial process is feasible not only as a separate procedure – a number of countries features such mediation technique as in-house-mediation, which represents a peculiar approach towards establishing dialogue between the parties to the case aimed at conflict resolution within the framework of judicial proceedings. The analysis of the existing points of view in scientific literature reveals the following criteria that ensure the possibility of implementation of conciliation procedures in the administrative process: absence in the law of a direct ban on the use of mediation procedures; absence of violations of public interest along with observance of the rights and legitimate interests of other parties; competence of the official to conduct conciliation procedure set in the regulatory framework; normative legal consolidation of the possibility of conducting conciliation procedure; strict adherence by the official to the objectives determined by their competence and professional activity (objective, subjective, territorial, and temporal).
18
Ruscalla, Gabriele. "Latest developments in conciliation and mediation in investor-state disputes." Revista Brasileira de Arbitragem 16, Issue 63 (October 1, 2019): 96–112. http://dx.doi.org/10.54648/rba2019033.
Анотація:
Over the last decades, investor-State disputes have drastically increased in number. Most of these disputes are resolved through arbitration. The increase of the arbitration proceedings in investor- State matters is due to the high number of bilateral investment treaties and free trade agreements (“IIAs”) containing an arbitration clause which the dispute is based on. IIAs do not include only arbitration clauses: they also offer the parties other ways to settle their disputes through negotiation, conciliation and mediation. Research today suggests that conciliation and mediation have been rarely used in investor-State dispute resolution. The purpose of this article is to investigate the reasons why ADRs are still underused in the settlement of investor-State disputes, by analysing its pros and cons. The author will look into the current international legal instruments dealing with conciliation and meditation in investor-State disputes and will analyse the latest developments in the field. The article does not conclude that alternative dispute resolution methods should replace arbitration in investor-State matters: it rather suggests that, depending on the circumstances of the case, conciliation and mediation might be efficient mechanisms to settle disputes, alone or alongside arbitration procedures.
19
Pervukhina, S. I. "Judicial Conciliation and Mediation: Correlation Problems and Development Prospects." Rossijskoe pravosudie 7 (June 25, 2021): 35–44. http://dx.doi.org/10.37399/issn2072-909x.2021.7.35-44.
Анотація:
This article is dedicated to the issue of the correlation between judicial conciliation and mediation. The author compares these two conciliatory procedures according to the following criteria: organizational and legal framework, key goals and objectives; legal status of the person assisting the parties in resolving the dispute and their role and function/competence in the procedure; the peculiarities of the procedural form; the court role in organizing and performing conciliatory procedures after a trial being initiated. As a result of the comparison, the author comes to the conclusion that judicial conciliation and mediation are overlapping, which may have the negative effect on the development of the amicable dispute resolution as a legal institute. The author formulates the suggestions regarding the further development of the judicial conciliation model in order to attract the disputing parties' interest to this procedure and to raise its efficiency as the judicial load optimizing instrument.
20
Makarchuk, Zlata V., and Thi Kieu Oanh Vu. "Implementation of conciliation proceedings in Vietnam." RUDN Journal of Law 26, no. 2 (May 28, 2022): 448–63. http://dx.doi.org/10.22363/2313-2337-2022-26-2-448-463.
Анотація:
The adoption in Vietnam in 2020 of the "Law on mediation and negotiations in court" was a significant event, indicating the preservation and development of the legal and cultural traditions of the country, as well as the reasonable use of the experience of other states in the field of reconciliation of disputing parties. The named Law has a wide range of application. The purpose of the study is that the author gives an overview of the conciliation procedure in the Vietnamese courts, and carefully analyses individual issues, especially the problems arising from the lack of a unified approach to the procedure for recognizing the results of the conciliation procedure by court. The methodological basis of the study is the methods of consistency, analysis, and synthesis. The authors conclude that the introduction of mediation in court has brought many positive results: disputes and lawsuits have been successfully resolved and negotiated. The article provides a general overview of the mediation procedure in the Vietnamese court, and carefully analyses individual problems arising from the lack of a unified approach to the procedure for recognizing the results of the conciliation process by court.
21
Mareschal, Patrice M. "Insights from the Federal Mediation and Conciliation Service." Review of Public Personnel Administration 18, no. 4 (October 1998): 55–67. http://dx.doi.org/10.1177/0734371x9801800405.
22
Romanov, Andrey A. "On Some Relevant Issues of Mediation and Judicial Representation in a Civil and Arbitration Procedure." Arbitrazh-civil procedure 2 (February 11, 2021): 51–54. http://dx.doi.org/10.18572/1812-383x-2021-2-51-54.
Анотація:
The article is devoted to topical issues of conciliation procedures, mediation in connection with the institution of legal representation and law costs. The problematic aspects that hinder the wider application of the mediation procedure are stated, the ways of improving the legislation are proposed.
23
Zabikh, Sh A., and K. Zh Zabikh. "CONCILIATION PROCEDURES IN CIVIL PROCEEDINGS IN KAZAKHSTAN IN MODERN CONDITIONS." Bulletin of Kazakh Leading Academy of Architecture and Construction 84, no. 2 (June 15, 2022): 389–403. http://dx.doi.org/10.51488/1680-080x/2022.2-43.
Анотація:
In this article, the author considers alternative ways to resolve disputes, that is, the use of conciliation procedures to resolve conflict situations in civil proceedings. The traditional way of resolving disputes has been and remains the judicial procedure, which is enshrined in the legislation of most states and is a guarantee of respect for human and civil rights. But the author considers conciliation procedures for resolving a dispute in a civil process by concluding a settlement agreement. Also, special attention is paid to resolving the dispute through mediation. The previously existing types of alternative dispute resolution procedures have been supplemented by participatory procedure and judicial mediation.
24
Zhang, Junyi, and Ranran Wang. "The Impact of the Singapore Mediation Convention and its Adaptation Study in Our Country." Frontiers in Humanities and Social Sciences 2, no. 12 (December 21, 2022): 27–34. http://dx.doi.org/10.54691/fhss.v2i12.3128.
Анотація:
The United Nations Convention on International Commercial Conciliation and Reconciliation Agreements (hereinafter referred to as the Singapore Conciliation Convention), for the first time in the form of an international convention, gives legal enforceability to the international commercial reconciliation agreements reached after the investigation, so as to break the dilemma of difficult implementation of the settlement agreements in the international arena. However, this is extremely inconsistent with China's legal provisions and long-standing legal concepts. According to Chinese law, the settlement agreement does not have the enforcement force of legal effect, and it can be enforced only after being reviewed by the court or other institutions. This is where the contradiction between the Singapore Mediation Convention and China arises. The promulgation of the Singapore Mediation Convention has brought impact and opportunities to China's commercial mediation agreements. We must improve China's commercial mediation system so as to link up with the Convention. This paper uses the methods of literature analysis, value analysis and historical analysis to analyze the major difficulties of China's accession to the Singapore Mediation Convention, and to improve the review and implementation procedures to overcome the possibility of seeking the application of the Singapore Mediation Convention in China.
25
Youping, Xu. "Mission impossible? Judges’ playing of dual roles as adjudicator and mediator in Chinese court conciliation." Semiotica 2017, no. 216 (May 24, 2017): 399–421. http://dx.doi.org/10.1515/sem-2015-0074.
Анотація:
AbstractDeeply rooted in the Confucian philosophy of harmony, court conciliation conducted by judges in Chinese courtroom has played an important role in resolving civil disputes in China. However, severe criticisms against court conciliation have never been ceased. Critics generally attribute problems to the integration of mediation into adjudication and judges’ playing of dual roles as adjudicator and mediator. Sadly, little has been done to explore how judges’ dual roles in court conciliation are performed and changed, and how the performance and change of judges’ dual roles may affect justice and fairness in dispute resolution. This paper compares the similarities and differences of a judge’s role as an adjudicator and the role of a mediator, analyzes how judges’ dual roles are performed and changed through different patterns of information flow and information sharing, and discusses the impacts of judges’ role change and ways to resolve role conflicts. It is found that similarities between the two roles make it possible for judges in CC to play dual roles, but different role expectations give rise to role conflicts which may, to some extent, be dissolved through effective ways of information exchange.
26
MELENKO, Oksana. "Mediation as an Alternative Form of Dispute Resolution: Comparative-Legal Analysis." European Journal of Law and Public Administration 7, no. 2 (March 12, 2021): 46–63. http://dx.doi.org/10.18662/eljpa/7.2/126.
Анотація:
The article under studies surveys the system of methods of alternative dispute resolution (ADR). It presents the definition of such structural concepts of ADR as negotiations, mediation, judicial conciliation, and arbitration. Particular emphasis is laid on the peculiarities of applying the ADR institutions in Ukraine and European countries, as well as on their advantages and disadvantages. To carry out a comparative-legal analysis of the alternative forms of dispute resolution, there has been developed a special system of indicators. The latter aims to assess the effectiveness of the ADR institutions.These indicators are: availability of the procedure; possibility to enter and leave the ADR process; public or private nature of the procedure; conciliatory and competitive nature of the procedure; conducting the procedure out of court or in court; presence of an intermediary in the ADR procedure; taking final decision on the dispute directly by the parties or a third party; freedom to choose a mediator in the dispute; substantiating the decision on the dispute on formal or informal norms, rules, standards; opportunity to go to court in case the decision is impossible to enforce; recognition of the dispute as the one being resolved; intermediary’s fee; cost and time saving. Relying on the comparative-legal analysis of the alternative forms of dispute resolution, it has been determined that most of the comparative advantages belong to the institution of mediation. However, there are a number of shortcomings that hinder the effective functioning of the institution of mediation. Among them are insufficient requirements for the mediator's competencies and lack of mechanisms for fulfilling the terms of the mediation agreement. Taking into account the existing drawbacks that hinder the effective development of the institution of mediation, the article offers a number of institutional innovations.They include: legislative establishment of the norm on the procedure of executing the mediation contract; enhancing the qualification requirements for the mediator (mandatory higher legal education); adoption of the law on mediation; consequently, introduction of amendments to material and procedural legislation regarding mediation procedure by means of remote (distance) regulation of legal disputes and actions that accompany this process with the use of special technical facilities (videoconferencing, electronic digital signature, electronic document management, electronic payments, etc.). In addition, the article singles out the main peculiarity of the institution of mediation, which favorably distinguishes it from other ADR institutions - humanism (human-centrism). Unlike mediation, other ADR institutions (negotiations, judicial conciliation, arbitration) are marked with a factual and mostly competitive procedure. Mediation, due to its being rather human than factual oriented, as well as because of its being focused rather on conciliation than on competition, has a wider range of opportunities to better meet the requirements of the parties to the dispute. The main asset of mediation is its high potential to unite the parties, to continue their business and social communication after the resolution of the dispute. The latter integration potential favorably distinguishes mediation from all other forms of alternative dispute resolution and, at the same time, indicates positive external effect (externalia), which lies in uniting society.
27
Yudina, Yulia V. "The Mediation Procedure as a Type of Reconciliation in the Modern Russian Civil Procedure." Arbitrazh-civil procedure 2 (February 11, 2021): 45–50. http://dx.doi.org/10.18572/1812-383x-2021-2-45-50.
Анотація:
Mediation technologies are one of the alternative to judicial methods of dispute resolution. Difficulties in the application of this institution, which is practically not used by the parties to the conflict, predetermined the need for its reform, as well as the creation of a whole complex of conciliation procedures, their legislative consolidation and stimulation. The article analyzes the practice of the parties to the dispute to the mediation procedure that existed before the entry into force of the Federal Law of July 26, 2019 No. 197-ФЗ ‘On Amending Certain Legislative Acts of the Russian Federation’, as well as the short stories of the civil procedural law on conciliation procedures in general that can be used after October 25, 2019.
28
Isaenkova, O. V. "Mediation in the Draft concept of the Code of civil procedure." Russian Journal of Legal Studies 1, no. 4 (December 15, 2014): 97–100. http://dx.doi.org/10.17816/rjls17972.
Анотація:
The article first analyzes the prospects for mediation in relation to the Draft Code of civil procedure, which was presented in Yekaterinburg, October 28, 2014. Considered urgent and important issues that arose in the course of determining the place of mediation in the modern system of Russian law and the system of conciliation procedures in particular.
29
Jurgilewicz, Marcin, and Kamila Spalińska. "The role of a mediator in real property disputes." Nieruchomości@ III, no. III (September 30, 2021): 63–77. http://dx.doi.org/10.5604/01.3001.0015.2477.
Анотація:
Being one of alternative forms of legal disputes resolution, mediation is an institution which is becoming more and more popular as its use increases statistically. In practice, mediation is used mainly in civil law disputes, however, the legislators have introduced normative solutions in almost every branch of law to enable the use of this solution if the parties so desire. One of the areas where mediation can be used is also real property disputes. The subject of those disputes will most often be issues related to the mutual performance of financial obligations, although they may also apply to administrative matters. A mediator will play a special role in resolving real property disputes. It is the mediation procedure, well-organized and properly conducted by the mediator, that might determine whether the parties would reach an agreement and make a settlement, or whether no agreement would be attainable. Therefore, it is of essence that mediation proceedings, particularly in real property disputes, are conducted by mediators who not only have conciliation skills, but also extensive legal knowledge, so as not to miss any chance for conflict resolution. Therefore, in the article, the authors drew attention to the essence of mediation, and in particular the role of a mediator in resolving real property disputes
30
Kotsiuruba, A. "CONCILIATION PROCEDURES IN CIVIL PROCEEDINGS IN UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 113 (2020): 28–32. http://dx.doi.org/10.17721/1728-2195/2020/2.113-6.
Анотація:
The paper examines the legal nature and the regulatory grounds for two judicial conciliation procedures in civil proceedings, namely the amicable agreement and the procedure for dispute settlement with the participation of a judge. Attention is drawn to the urgent need to study judicial conciliation procedures in civil proceedings of Ukraine. Their functional efficiency in the current conditions is assessed, some problematic aspects of the legislative regulation of these institutions are identified and proposals are made to eliminate shortcomings and possible reformatting of these procedures, which would probably contribute to the effective and rapid resolution of civil disputes. It has been repeatedly emphasized that the development and use of conciliation procedures is a matter of the future for the entire justice system of Ukraine. The article determines the need to create a sufficient theoretical basis for the search for new or transformation of existing ways of regulating civil disputes, so that they solve the existing problems of the judicial system of Ukraine and contribute to the formation of "ideal justice". A thorough analysis of the norms of the Civil Procedure Code of Ukraine governing the application of the amicable agreement and the dispute settlement procedure with the participation of a judge is carried out; a number of remarks and proposals to the current civil procedural legislation of Ukraine are expressed. Possible ways of reformatting the legally defined mechanisms for resolving the dispute, which would partially or completely solve the tasks assigned by the legislator to judicial conciliation procedures, are proposed. Conclusions are formulated on the positive and negative phenomena caused by the reform of civil procedural legislation in terms of the conciliation procedures studied. Keywords: civil proceedings, conciliation procedures, amicable agreement, settlement of a dispute with the participation of a judge, mediation, judicial mediation.
31
Rizky, Rizky Kurniyana, and Muchamad Coirun Nizar. "TINGKAT KEBERHASILAN MEDIASI OLEH HAKIM DAN NON-HAKIM DI PENGADILAN AGAMA PURWODADI TAHUN 2019." ADHKI: Journal of Islamic Family Law 3, no. 1 (August 8, 2021): 69–82. http://dx.doi.org/10.37876/adhki.v3i1.47.
Анотація:
In human life, conflicts that cannot be avoided often occur. Among the many conflicts or disputes are Islamic civil cases. As for the authority and duty to examine, hear and decide Islamic civil cases at the first level is the Religious Court. And all disputed cases that are submitted to the Religious Courts must first seek a way of conciliation through the mediation process. In a court there is a mediator who is in charge of leading a mediation process. Including the Purwodadi Religious Court, it has a mediator who comes from two elements, namely a mediator who comes from the judge's element and the mediator who comes from the non-judge element. The results of this study state that the mediation process at the Purwodadi Court during 2019 was carried out by judge mediators, namely during January to April and was carried out by non-judge mediators, namely during May to December. Meanwhile, the success rate of mediation carried out by non-judge mediators was higher at 4% when compared to the success rate of mediation by judge mediators which was only 2%. The difference in the level of success of the mediation by the two different mediators is certainly influenced by several factors, namely the mediator factor, the factors of the parties and their families and the factor of the community's mindset.
32
Arrieta López, Milton, Abel Meza Godoy, Ilya Vladimirovich Afanasiev, Vladimir Dmitriyevich Sekerin, and Sara Noli. "Alternative Dispute Resolution Mechanisms in Colombia and Russia: Conciliation and Mediation." Justicia 26, no. 40 (October 6, 2021): 128–42. http://dx.doi.org/10.17081/just.26.40.4773.
Анотація:
In this article, the authors compare alternative conflict resolution mechanisms in Colombia and Russia. In the former, conciliation is the most developed alternative dispute resolution mechanism, while in the latter, mediation is the most developed. In order to deepen this comparison, a qualitative research of interpretative nature has been developed with the support of bibliographic-documentary material. The main conclusion is that access to justice is a human right that has been positivized as a fundamental right in the constitutions of both Colombia and Russia. However, the Colombian Constitution allows individuals to exercise their jurisdictional functions on a temporary basis, unlike the Russian Constitution, which only authorizes judges from the Federation to exercise their jurisdictional functions. While conciliation in Colombia is developed and implemented through State-supervised Conciliation and Arbitration Centers, mediation in Russia is in its initial phase and has gradually gained acceptance in society. In both states, the implementation of alternative dispute resolution mechanisms has been driven by the need to decongest the courts and tribunals of ordinary justice. Therefore, it is useful to insist on the massive use of these instruments to make possible a justice that comes from the parties in conflict, that can repair the relations of the subjects in dispute and that tends towards the construction of more peaceful societies.
33
Baylis, Claire. "The Appropriateness of Conciliation/Mediation for Sexual Harassment Complaints in New Zealand." Victoria University of Wellington Law Review 27, no. 4 (December 1, 1997): 585. http://dx.doi.org/10.26686/vuwlr.v27i4.6102.
Анотація:
In this article, Claire Baylis examines the statutory models of mediation/conciliation in the Human Rights Act 1993 and the Employment Contracts Act 1991 which are used for sexual harassment complaints. She argues that the practice of mediating these complaints is inappropriate due to the incompatibility of the cha585he specific characteristics of most sexual harassment complaints. Further, an analysis of the actual dispute resolution provisions under the Acts raises other issues in the sexual harassment context. Finally, the author outlines some possible reforms to dispute resolution processes in this area.
34
Vargas, Anderson, and Luiz Gustavo Liberato Tizzo. "Resolução Consensual de Conflitos e o Atual Código de Processo Civil: Mediação e Conciliação." Revista de Ciências Jurídicas e Empresariais 20, no. 2 (February 7, 2020): 60–65. http://dx.doi.org/10.17921/2448-2129.2019v20n2p60-65.
Анотація:
Este trabalho pretende discutir sobre os métodos de resolução de conflitos presentes no atual Código de Processo Civil, com um foco maior nos institutos da mediação e conciliação. O estudo do conceito de mediação e conciliação traz a cidadania e a busca pela pacificação social pelos próprios envolvidos dos conflitos. O Conselho Nacional de Justiça e as legislações pertinentes tem buscado meios para um desafogamento do Poder Judiciário, porém muito mais do que buscar uma celeridade na solução dos processos, busca-se a pacificação social entre as partes de um conflito. A conciliação estava presente nos procedimentos judiciais, já a mediação, passa a ser mais presente, diante de sua institucionalização no Código de Processo Civil promulgado em 2015. Nesse trabalho demonstra a necessidade de mudança de cultura da sociedade e para que essa mudança ocorre o Poder Judiciário deve se reinventar e levar a sociedade as vantagens de resolver o conflito pela autocomposição entre as partes. Palavras-chave: Código Processo Civil. Mediação. Conciliação. Autocomposição AbstractThis paper aims to discuss the methods of conflict resolution present in the current Civil Procedure Code, with a greater focus on the institutes of mediation and conciliation. The study of the concept of mediation and conciliation brings citizenship and the search for social pacification by those involved in the conflicts themselves. The National Council of Justice and the pertinent legislations have been looking for means for the Judiciary to be released, but much more than seeking speed in the solution of the processes, the social pacification between the parties of a conflict is sought. Conciliation was present in judicial proceedings, while mediation is now more present, given its institutionalization in the Civil Procedure Code promulgated in 2015. This work demonstrates the need for a change in society's culture and for this change to occur the judiciary must reinvent itself and bring society the advantages of resolving the conflict through self-composition between the parties. Keywords: Civil Procedure Code. Mediation. Conciliation. Self Composition
35
Valeev, Damir Khamitovich, Alexander Nikolaevich Shpagonov, and Timur Ravilevich Gizyatov. "On modern methods of resolving a dispute between entrepreneurs." Laplage em Revista 6, Extra-B (December 24, 2020): 190–95. http://dx.doi.org/10.24115/s2446-622020206extra-b613190-195.
Анотація:
The article discusses modern ways of resolving conflicts in the arbitration process, analyzes such types of conciliation procedures as mediation, judicial conciliation. The need for further implementation and development of these institutions in the arbitration process is noted. Pre-trial methods of dispute resolution are also considered. Special attention is paid to arbitration proceedings and the activities of ombudsmen for the protection of the rights of entrepreneurs as alternative ways of resolving conflicts in a particular area of entrepreneurship.
36
Valeev, Damir Khamitovich, Alexander Nikolaevich Shpagonov, and Timur Ravilevich Gizyatov. "On modern methods of resolving a dispute between entrepreneurs." Laplage em Revista 6, Extra-B (December 24, 2020): 190–95. http://dx.doi.org/10.24115/s2446-622020206extra-b613p.190-195.
Анотація:
The article discusses modern ways of resolving conflicts in the arbitration process, analyzes such types of conciliation procedures as mediation, judicial conciliation. The need for further implementation and development of these institutions in the arbitration process is noted. Pre-trial methods of dispute resolution are also considered. Special attention is paid to arbitration proceedings and the activities of ombudsmen for the protection of the rights of entrepreneurs as alternative ways of resolving conflicts in a particular area of entrepreneurship.
37
Bridge, Caroline. "Conciliation and the New Zealand Family Court: lessons for English law reformers." Legal Studies 16, no. 3 (November 1996): 298–324. http://dx.doi.org/10.1111/j.1748-121x.1996.tb00532.x.
Анотація:
Conciliation has formed an integral part of the New Zealand Family Court’s management of family disputes since 1980. The Family Court is a tiered structure, designed to encourage the parties to resolve their own disputes by providing opportunities for conciliation within a statutory process. The first two tiers, counselling and judicial mediation, are procedures intended to empower the parties, enable self-determination, and encourage a conciliatory rather than combative attitude towards both each other and the dispute. Consequently, the parties are compulsorily channelled through the conciliation tiers of the court even if the ultimate goal of one of them is a court room battle. The hope is that the third tier, adjudication by a Family Court judge in the Family Court, will be avoided.
38
Yusticia, Aprilina Rahmah. "HUKUM ANJURAN TERTULIS MEDIATOR DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL (pasca Putusan Mahkamah Konstitusi No. 68/PUU-XIII/2015)." Legal Standing : Jurnal Ilmu Hukum 7, no. 1 (October 26, 2022): 23–31. http://dx.doi.org/10.24269/ls.v7i1.5570.
Анотація:
This study aims to analyze how the legal force of written recommendations on settling industrial relations disputes was issued by mediators after the Constitutional Court Decision Number: 68/PUU-XIII/2015. The type of research used in this research is normative research or doctrinal research. And the approach used to answer the problem is the Legislative Approach (Statute Approach). This research is motivated by the application of Judicial Review by several workers to the Constitutional Court on the word 'recommendation' in Article 13 paragraph (2) letter a and Article 23 paragraph (2) letter an of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. The results of this study indicate that the settlement of industrial relations disputes through mediation is mandatory, starting from the decision of Constitutional Court Number: 68/PUU-XIII/2015. Written recommendations are seen as part of industrial relations dispute settlement minutes. The Petitioner's application for the word "as a form of settlement agreement through mediation or conciliation" was changed by the Court to "in the form of minutes of settlement through mediation or conciliation".
39
Sadruk, O. M., and O. I. Tyshchenko. "Mediation in the criminal process of Ukraine: prospects for legislation." Legal horizons, no. 21 (2020): 117–21. http://dx.doi.org/10.21272/legalhorizons.2020.i21.p117.
Анотація:
The scientific article is devoted to the analysis of the mediation process as an attempt to reach a voluntary understanding (reconciliation) between the victim and the offender to compensate for material and moral damage through impartial, prepared for resolution of the conflict between the person and the mediator. The paper examines the concept of "mediation", the need for its introduction in national legislation, as well as the advantages and disadvantages of this procedure, which are observed in the experience of foreign countries. The international legal acts containing norms on mediation, the current criminal procedural legislation of Ukraine, the draft law "On mediation" are analyzed. The views of scholars and judges on the feasibility of legislative regulation of mediation in Ukraine have been studied. The norms of the Criminal Procedure Code regarding the conciliation agreement are analyzed and certain changes to the mentioned provisions are proposed, in particular, the separation of such a subject of conflict resolution as a mediator. Conclusions and proposals aimed at improving criminal procedural legislation have been formulated. Attention is drawn to the fact that the basic principles of mediation, the scope of its application, the range of criminal proceedings in which mediation is possible, the requirements for mediators and the conditions for acquiring the status of a mediator, the legal status of a mediator are required. Moreover, they proposed their own views on enshrining certain provisions related to mediation in the legislation for the effective operation of the mediation institution. Because it is no coincidence that mediation as an alternative way of resolving disputes is developed in international practice and it is justified that the European community pays considerable attention to mediation as an alternative way of resolving disputes in various spheres of society.
40
LORI YI. "A Comparative Study on the Concepts of Mediation and Conciliation*." JOURNAL OF ARBITRATION STUDIES 19, no. 2 (August 2009): 27–47. http://dx.doi.org/10.16998/jas.2009.19.2.27.
41
Tashiro, Kenji. "Conciliation or Mediation during the Arbitral Process – A Japanese View." Journal of International Arbitration 12, Issue 2 (June 1, 1995): 119–33. http://dx.doi.org/10.54648/joia1995014.
42
Belén García, Ana, Erica Pender, Francisco J. Medina, and Martin Euwema. "Promoting Conciliation and Mediation in Collective Labour Conflicts in Europe." Tijdschrift voor mediation en conflictmanagement 22, no. 1 (August 2018): 40–49. http://dx.doi.org/10.5553/tmd/138638782018022001004.
43
Zalesskiy, D. "THE ABSENCE OF UNFIED ORDER OF INTERNATIONAL CONCILIATION AGREEMENTS ENFORCEMENT." Vestnik of Polotsk State University. Part D. Economic and legal sciences, no. 14 (January 2, 2022): 118–21. http://dx.doi.org/10.52928/2070-1632-2021-59-14-118-121.
Анотація:
This article analyzes the problem of absence on international level enough legal regulation for unobstructed enforcement of international conciliation agreements, concluded in mediation, as well as contains the possible way of solving the problem through adjustment of domestic law with international framework.
44
Kłos, Paweł. "Mediation in the Legal System of the United Nations." Studia Iuridica Lublinensia 29, no. 4 (September 30, 2020): 101. http://dx.doi.org/10.17951/sil.2020.29.4.101-116.
Анотація:
<p>The international law order is the first in which we can observe the use of mediation as a legal institution. The mediation activity conducted by the United Nations is a model for contemporary legal entities. The entity is characterized by a multitude of normative regulations and undertaking informational and promotional actions in the field of mediation. The areas of action of the United Nations include interventions in political, international and domestic disputes, trade disputes, and internal disputes thus determine the UN’s promediation activities in three spheres of activity: 1) mediation activities under the direction of the UN Department of Political and Peacebuilding Affairs. It involves mediation with the UN Secretary-General as a mediator. The conduct of mediation is aimed at resolving international and domestic disputes; 2) activities of the United Nations Commission on International Trade Law (UNCITRAL), Working Group II: Arbitration and Conciliation / Dispute Resolution. It is the UN unit specialising in the use of mediation to settle trade disputes in a variety of entities; 3) the United Nations is an organization which employs tens of thousands of people of various nationalities, cultures and operating in different areas. This area is within the Ombudsman’s responsibility as part of mediation services. The entity deals with the internal environment of the organization, resolves disputes, including those through mediation between UN employees.</p>
45
Volosevici, Dana. ""ALTERNATIVE DISPUTE RESOLUTION AND INDIVIDUAL LABOUR CONFLICTS: A DIFFERENT WAY OF MANAGING ORGANIZATIONAL DISPUTES"." JUS ET CIVITAS -A Journal of Social and Legal Studies 8(72), no. 2 (2022): 56–64. http://dx.doi.org/10.51865/jetc.2021.02.08.
Анотація:
Organizational conflict as is considered legitimate and inevitable and may constitute a positive indicator of effective organizational management. This paper aims to analyse the legal provisions which establish the alternative dispute resolution methods and procedures regarding the individual labour conflicts through conciliation and mediation.
46
Stenner, Christina. "Understanding the Mediator: Taking Stock of the osce’s Mechanisms and Instruments for Conflict Resolution." Security and Human Rights 27, no. 3-4 (September 9, 2016): 256–72. http://dx.doi.org/10.1163/18750230-02703011.
Анотація:
Mediation and dialogue facilitation are at the heart of the Organization for Security and Co-operation in Europes’s (osce) engagements, and have become widely recognised as being among the most effective means for the prevention, management and resolution of conflicts both, in terms of costs and results. 1 The osce has however started with a different set of mechanisms to settle conflicts, such as the Valletta mechanism or the Conciliation Committee. This article examines these mechanisms and elaborates on the reasons why they have never been applied. It further describes the evolvement of new instruments, in particular, its mediation and dialogue facilitation capacities. Further, the osce has institutionalised an explicit mediation support capacity to provide adequate assistance, similar to the un and the eu. Without a doubt, the osce can be clearly regarded as a mediator. The article presents the osce’s different roles of being a mediator and its struggle for principles like inclusivity and efficiency, or impartiality and neutrality. The stocktaking of mechanisms and instruments and the osce’s role as a mediator concludes with the Organization’s weaknesses and strengths, and respective recommendations for further development.
47
Korneeva, Yana Aleksandrovna, Lyudmila Ivanovna Shakhova, and Anna Konstantinovna Sorvanova. "Professional competences of mediators with varying degree of success in conduct of conciliation procedures." Психология и Психотехника, no. 4 (April 2020): 53–77. http://dx.doi.org/10.7256/2454-0722.2020.4.34625.
Анотація:
Mediation has become an increasingly popular reconciliation procedure that allows increasing the psychological security of parties to the conflict in educational and social environment, as well as legal practice. The profession of mediator is highly demanded; however, the questions of professional competence of the specialists and requirements to their personality did not receive due coverage in the scientific literature. The goal of this research consist in development of the model of professional competence and assessment of the level of professional competences of mediators with varying degree of success in conduct of reconciliation procedures. A list of professional competences and their indicators mediators, considering the professional standard – “Specialist in the Field of Mediation (mediator)”. The research involved 42 mediators from Arkhangelsk Region. The following methods were applied: questionnaire (the author developed an original questionnaire for self-assessment of professional competences of the mediator), and psychological testing based on the Five-Factor Model of Personality of Costa and McCrae's in adaptation of M. V. Bodunov and S. D. Biryukov. Statistical processing was carried out via the method of descriptive statistics, correlation and step-type multivariate regression analyses (Pearson's chi-squared test) using the software SPSS 23.00 (license agreement No.Z125-3301-14). The following conclusion was made: the model of professional competences of mediator includes communication skills, conflict management, case study, planning, and self-control. The author developed and tested the questionnaire for self-assessment of professional competences of mediators that can be implemented via 360-degree feedback method. It is established that the successful outcome of reconciliation procedure is affected by such professional competences as self-control and communication skills. Out of the list of professionally important qualities of mediator, the author highlights activity, concreteness, openness, self-restraint, self-discipline, responsibility and sociability as directly related to the success of reconciliation procedures.
48
Zain, Irma Istihara. "MEDIATION OF CAR FINANCING OF ISLAMIC LAW PERSPECTIVE IN THE CONSUMER DISPUTE RESOLUTION AGENCY (BPSK) IN MATARAM CITY." Hukum Islam 20, no. 1 (July 27, 2020): 59. http://dx.doi.org/10.24014/jhi.v20i1.8406.
Анотація:
Abstract: Consumer Dispute Resolution Agency (BPSK) has a role in protecting the rights of consumers when it appears, by completing the resolution of car financing through arbitration, conciliation and mediation. The objective of this research is to emphasize the mediation in car financing in Mataram, explained the causes of disputes arising in BPSK, explaining mediation in car financing in BPSK’s Mataram in perspective of Islamic law. This research conducted Qualitative research methods with a case approach. Settlement of the mediation in the financing of the car based on positive compensation in BPSK through requesting, meeting and termination of the Bank in the context of Islamic law prioritizing the rules of the car, based on the principles of compensation in BPS.Keywords: Mediation, Financing, Islam.
49
Potapova, Larisa V. "The Main Problems of the Development of the Institution of Conciliation in a Civil Procedure." Arbitrazh-civil procedure 3 (March 4, 2021): 40–43. http://dx.doi.org/10.18572/1812-383x-2021-3-40-43.
Анотація:
The article deals with current problems of development of the Institute of conciliation procedures in civil proceedings. The author analyzes the point of view of scientists about the concept of “conciliation procedures”, on the basis of which he identifies a number of characteristic features. The study of the legal framework on this issue allows us to systematize the key types of conciliation procedures in civil proceedings-negotiations, mediation, judicial reconciliation. Despite the fact that these procedures are reflected in the law, they are rarely used in practice, which is due to some problems, in particular, the low level of legal literacy of the population; the lack of well-developed information work with citizens; people’s distrust of the new legal institution; the rather high cost of services provided by mediators, etc. All this requires prompt resolution, which will reduce the burden on the judicial authorities and improve the quality of the process.
50
Baylis, Claire. "Reviewing Statutory Models of Mediation/Conciliation in New Zealand: Three Conclusions." Victoria University of Wellington Law Review 30, no. 1 (June 1, 1999): 279. http://dx.doi.org/10.26686/vuwlr.v30i1.6024.
Анотація:
In the last two decades there has been a trend in New Zealand of enacting statutory models of mediation/ conciliation. This article raises concerns about the treatment of fundamental process issues in the many statutory models and the inconsistencies between the models. The article is based on current research by the author which will be completed by the end of 1999. Some funding for this project has been gratefully received from the Victoria University of Wellington Foundation through the New Zealand Institute for Dispute Resolution.