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Journal articles on the topic 'Over-mediation'

Author: Grafiati

Published: 4 June 2021

Last updated: 11 February 2022

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1

Smeehuijzen, Lodewijk. "Hoe denken Zuidas-advocaten over mediation?" Tijdschrift voor Mediation en conflictmanagement 20, no. 2 (June 2016): 31–51. http://dx.doi.org/10.5553/tmd/138638782016020002004.

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2

Aloum, Lujain, Eman Alefishat, Janah Shaya, and Georg A. Petroianu. "Remedia Sternutatoria over the Centuries: TRP Mediation." Molecules 26, no. 6 (March 15, 2021): 1627. http://dx.doi.org/10.3390/molecules26061627.

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Sneezing (sternutatio) is a poorly understood polysynaptic physiologic reflex phenomenon. Sneezing has exerted a strange fascination on humans throughout history, and induced sneezing was widely used by physicians for therapeutic purposes, on the assumption that sneezing eliminates noxious factors from the body, mainly from the head. The present contribution examines the various mixtures used for inducing sneezes (remedia sternutatoria) over the centuries. The majority of the constituents of the sneeze-inducing remedies are modulators of transient receptor potential (TRP) channels. The TRP channel superfamily consists of large heterogeneous groups of channels that play numerous physiological roles such as thermosensation, chemosensation, osmosensation and mechanosensation. Sneezing is associated with the activation of the wasabi receptor, (TRPA1), typical ligand is allyl isothiocyanate and the hot chili pepper receptor, (TRPV1), typical agonist is capsaicin, in the vagal sensory nerve terminals, activated by noxious stimulants.

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3

de Roo, Annie. "Over Chinese rechterlijke mediation, 40 jaar Europa en ‘gewone’ mediation, en collaboratieve praktijken." Tijdschrift voor mediation en conflictmanagement 20, no. 3 (September 2016): 3–5. http://dx.doi.org/10.5553/tmd/138638782016020003001.

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4

Oldfield, Yvonne. "Disputes over Interment and Cremation: The Mediation Option." Victoria University of Wellington Law Review 45, no. 4 (December 1, 2014): 613. http://dx.doi.org/10.26686/vuwlr.v45i4.4942.

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Mediation is generally perceived as comparing well to litigation in terms of cost, privacy and speed. Such practical considerations are of as much value to the parties to burial and cremation disputes as they are to the parties in many different types of dispute. Burial and cremation disputes are however particularly difficult and sensitive in nature, often involving complex cultural issues and family conflicts. These characteristic features pose challenges in the mediation context just as they do in litigation. It is argued here that mediation is well suited to addressing these challenges provided mediation style, process and delivery mechanisms are tailored appropriately. The predominant problem-solving model has limitations in meeting cultural and emotional needs, making it essential that a transformative approach informs mediation practice and procedure in relation to burial and cremation disputes. It is also argued that without their agreement to all aspects of the process, mediation of such disputes may be unsafe for the parties. In addition, where cultural differences or questions of tikanga are at issue, mandatory mediation is of questionable legitimacy. Mediation of burial and cremation disputes, particularly in the New Zealand context, can therefore occur only within a framework that upholds principles of self-determination at every level.

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DAVIS, GWYNN, and MARIAN ROBERTS. "Mediation in disputes over children: learning from experience." Children & Society 3, no. 3 (December 18, 2007): 275–79. http://dx.doi.org/10.1111/j.1099-0860.1989.tb00352.x.

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6

de Roo, Annie. "Over de mediationparadox en andere aspecten van mediation." Tijdschrift voor mediation en conflictmanagement 23, no. 1 (June 2019): 3–5. http://dx.doi.org/10.5553/tmd/138638782019023001001.

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7

St. John, Anthony Wanis. "Third party mediation over Kashmir: A modest proposal." International Peacekeeping 4, no. 4 (December 1997): 1–30. http://dx.doi.org/10.1080/13533319708413689.

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8

Nasibli, Firuza. "Advantages of mediation over the court-based litigation process." Juridical Sciences and Education 62, no. 62 (April 7, 2020): 146–51. http://dx.doi.org/10.25108/2304-1730-1749.iolr.2020.62.146-151.

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9

Nathan, Laurie. "How to Manage Interorganizational Disputes over Mediation in Africa." Global Governance: A Review of Multilateralism and International Organizations 23, no. 2 (August 19, 2017): 151–62. http://dx.doi.org/10.1163/19426720-02302002.

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10

Symons, Katrien, Ini Vanwesenbeeck, Michel Walrave, Joris Van Ouytsel, and Koen Ponnet. "Parents’ Concerns Over Internet Use, Their Engagement in Interaction Restrictions, and Adolescents’ Behavior on Social Networking Sites." Youth & Society 52, no. 8 (March 12, 2019): 1569–81. http://dx.doi.org/10.1177/0044118x19834769.

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Little is known about parents’ motivations to engage in Internet mediation nor about how parents may influence each other’s Internet mediation practices. The present study uses triadic data, with reports from the mother, the father, and the adolescent child from the same family ( N = 357). Structural equation modeling (SEM) is applied for testing the relationship between parents’ concerns over Internet risks, parents’ engagement in mediation practices, and the adolescent’s engagement in risk behavior on social network sites (SNSs). Parents’ risk perception was not related to mediation practices, but the mother’s risk perception had a positive effect on the father’s engagement in parental mediation. Parental mediation predicted less online contact with strangers by the adolescent. The results show that both parents contribute individually to their adolescent child’s safe Internet use, which stresses the importance of involving both parents in parental mediation research.

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11

Malatesta, Deanna, Lisa Blomgren Amsler, and Susanna Foxworthy Scott. "Disputant Experience and Preferences for Mediated or Adjudicated Processes in Administrative Agencies: The Occupational Safety and Health Review Commission Settlement Part Program." ILR Review 73, no. 2 (October 17, 2019): 552–70. http://dx.doi.org/10.1177/0019793919882928.

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Research is limited regarding the type and amount of experience that matters for disputant preferences in dispute resolution processes. The authors focus on a unique federal appellate agency dispute resolution program at the Occupational Safety and Health Review Commission. Participants are professionals with repeat experience who are likely to have future interactions with the agency. Using survey data and regression analyses, the authors find that 1) greater personal experience with mediation or adjudication leads to a greater preference for mediation over adjudication; 2) higher levels of satisfaction with the fairness of process are associated with stronger preferences for mediation over adjudication; and 3) disputants who perceive a fair process in their most recent cases will express a greater preference for mediation over adjudication. Results have important implications for dispute system design.

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12

McAndry, Emma R. "UCLan Centre for Mediation: Embracing Change." Journal of Medical Law and Ethics 6, no. 1 (December 31, 2018): 5–17. http://dx.doi.org/10.7590/221354018x15446248389217.

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Mediation in the UK has developed dramatically over the years and the UCLan Centre for Mediation, since its inception in 2014, has sought to embrace this growth. This article explores the history and development of mediation, and in particular the more recent shift in the legal landscape from litigation towards this alternative. It then documents the range of activities which the Centre undertakes, including the provision of professional and academic trainings in mediation, and the delivery of mediation services to the local community.

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13

Hartman, Francis T., and George F. Jergeas. "A model for proactive mediation of construction disputes." Canadian Journal of Civil Engineering 22, no. 1 (February 1, 1995): 15–22. http://dx.doi.org/10.1139/l95-002.

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Alternative dispute resolution methods remain an area of interest and study because of the continued increase in the incidence of disputes, be they claims or litigation. Practice in the industry tends to stimulate litigation if negotiation of claims is unsuccessful. At variance with this is the declared preference of construction industry practitioners for mediation over arbitration and for arbitration over litigation. Mediation has had a high success rate when used in construction dispute resolution. The cost of mediation is significantly lower than litigation or arbitration. The probability of the parties to the dispute being able to work together effectively after the dispute has been resolved is higher, and the dispute can be resolved more quickly than by arbitration or litigation. This paper presents the findings of a study undertaken to identify a better process for construction contracting. An essential part of the new process is the use of proactive mediation. Proactive mediation is the use of a mediator prior to a dispute arising to help identify and address potential problems before they become difficult or unsolvable issues. The proposed methodology has been tested through a process which obtained the input of over 60 senior industry practitioners. Key words: mediation, construction management, contracts, claims, cost reduction, alternate dispute resolution, risk management.

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14

Blakely, Tony, George Disney, Linda Valeri, June Atkinson, Andrea Teng, Nick Wilson, and Lyle Gurrin. "Socioeconomic and Tobacco Mediation of Ethnic Inequalities in Mortality over Time." Epidemiology 29, no. 4 (July 2018): 506–16. http://dx.doi.org/10.1097/ede.0000000000000842.

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15

Kim, Byoung Joon. "Developing the Policy Mediation Model for Conflict Resolution over Nuclear Energy." Crisis and Emergency Management: Theory and Praxis 16, no. 4 (April 30, 2020): 133–50. http://dx.doi.org/10.14251/crisisonomy.2020.16.4.133.

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16

Mooradian, Moorad, and Daniel Druckman. "Hurting Stalemate or Mediation? The Conflict over Nagorno-Karabakh, 1990-95." Journal of Peace Research 36, no. 6 (November 1999): 709–27. http://dx.doi.org/10.1177/0022343399036006007.

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17

Hickerson, Glen. "A Bridge over Troubled Water: Managing Parties’ Mental Illness in Mediation." Negotiation Journal 33, no. 1 (January 2017): 53–69. http://dx.doi.org/10.1111/nejo.12173.

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18

Plänitz, Erik. "Towards a comprehensive framework of mediation success: EU mediation in the Belgrade-Pristina dialogue." Journal of Regional Security 13, no. 2 (2018): 65–95. http://dx.doi.org/10.5937/jrs1801065p.

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The European Union has gained increasing importance in international mediation over the last decade. Driven by the powerful role assigned to the High Representative and the European External Action Service by the Lisbon treaty, the EU has been facilitating high-level talks between Belgrade and Pristina over their relationship since 2011. Although the signing of the Brussels Agreement in 2013 was a breakthrough, developments in north Kosovo suggest that the process might have significant shortcomings. This paper's guiding research question of how to assess mediation success addresses the existing gap between external and internal perspectives. It introduces a comprehensive analytical framework to assess mediation success that combines several previously suggested ideas into a single framework. The question of how to measure successful mediation contributes not only to theory development but targets the interface between science and policymaking. The framework, as applied to the EU mediation efforts in the Belgrade-Pristina dialogue, has unveiled the in conclusive character of the process. Whilst being a success for the European Union, this paper argues a deficit in local legitimacy exists. Increasing levels of internal violence in Kosovo hint that it failed to fully address the root causes of the dispute.

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19

Ng, Kwai Hang, and Xin He. "Internal Contradictions of Judicial Mediation in China." Law & Social Inquiry 39, no. 02 (2014): 285–312. http://dx.doi.org/10.1111/lsi.12034.

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Judicial mediation in China represents an extreme case of integration between adjudication and mediation. Based on ethnographic work and extensive interviews, this article studies how judicial mediation actually works in China. It finds that the incorporation of mediation as part of the official trial process creates a set of internal contradictions. In addition to the role conflict inherent in a judge's acting also as a mediator, adjudication and mediation stages are organized by different principles. When the rather rigid format of adjudication is carried over to in‐trial mediation, it curtails the flexible, nonlegalistic approach that mediation is meant to promote. Challenged authority, an uncontrolled process, narrowed issues, and weakened norms all make a settled outcome difficult to achieve. In comparison with judicial mediation in other jurisdictions, this case study from China has important theoretical implications for understanding the limits of informal justice.

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20

Khmelyazh, Krzysztof. "Mediator in the Polish civil trial." Problems of Legality, no. 152 (March 29, 2021): 163–75. http://dx.doi.org/10.21564/2414-990x.152.226289.

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The article discusses the results of research on the functioning of judicial mediation in civil cases. The effectiveness of mediation is assessed on the basis of the number of concluded settlements or discontinued proceedings as a result of approval of the settlement concluded before the mediator. In the course of the research, the reasons for too low in relation to the expected popularity of mediation were identified, both among the society and professionals related to mediation. For over a dozen years the provisions on mediation have been in force, it has provided many observations and conclusions regarding their functioning.

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21

Yusko, I. M. "Common and distinctive features of judicial and extrajudicial mediation in disputes concerning appeals against decisions, actions or omissions of subjects of power." Problems of Legality, no. 152 (March 29, 2021): 79–86. http://dx.doi.org/10.21564/2414-990x.152.224139.

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The article examines the place of disputes over appeals against decisions, actions or omissions of the subjects of power in modern conditions. Some scientific views on the classification of types and kinds of mediation as a legal institution are analyzed. Existing models of mediation are identified. It is stated that in the Ukrainian legal system there are two possible models of mediation: judicial and extrajudicial. The own concept of «judicial mediation» is formulated. It is argued that judicial mediation is provided by administrative procedural law in the form of dispute resolution with the participation of a judge. The content of out-of-court mediation and its significance in administrative disputes are revealed. Features and signs of judicial and extrajudicial mediation are described. It is stated that judicial mediation is rarely used in administrative proceedings, and there are no mechanisms for the use of out-of-court mediation. The essence of judicial and extrajudicial within the framework of resolving disputes concerning appeals against decisions, actions or omissions of subjects of power has been studied. Modern scientific approaches to the ratio of components of judicial, extrajudicial mediation and litigation are generalized. It is proved that in science there is no single approach to the characteristics of extrajudicial and judicial mediation. For the first time, the author provides a comparative description of the main elements of judicial and extrajudicial mediation in disputes concerning the appeal of decisions, actions or omissions of the subjects of power. The role of judicial and extrajudicial mediation as legal institutions is defined. The possibility of using judicial and extrajudicial mediation in disputes concerning appeals against decisions, actions or omissions of subjects of power has been established. The basic principles of judicial and extrajudicial mediation are formulated. The status of a mediator in judicial and extrajudicial mediation is revealed. The functions of the mediator are highlighted. The duration of judicial and out-of-court mediation procedures is stipulated. The cost of judicial and extrajudicial mediation procedures is substantiated. The essence and content of the result of judicial and extrajudicial mediation procedures are determined. It is proved that judicial and extrajudicial mediation in disputes with public authorities and their officials have their advantages and disadvantages. In particular, it was found that, compared to judicial, out-of-court mediation in disputes over appeals against decisions, actions or omissions of subjects of power is a more effective conciliation procedure, but there are questions about the level of professionalism and education of the mediator. Ways are provided to improve the implementation of judicial and extrajudicial mediation in resolving disputes concerning appeals against decisions, actions or omissions of the subjects of power.

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22

Cain, Meghan K., Zhiyong Zhang, and C. S. Bergeman. "Time and Other Considerations in Mediation Design." Educational and Psychological Measurement 78, no. 6 (December 18, 2017): 952–72. http://dx.doi.org/10.1177/0013164417743003.

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This article serves as a practical guide to mediation design and analysis by evaluating the ability of mediation models to detect a significant mediation effect using limited data. The cross-sectional mediation model, which has been shown to be biased when the mediation is happening over time, is compared with longitudinal mediation models: sequential, dynamic, and cross-lagged panel. These longitudinal mediation models take time into account but bring many problems of their own, such as choosing measurement intervals and number of measurement occasions. Furthermore, researchers with limited resources often cannot collect enough data to fit an appropriate longitudinal mediation model. These issues were addressed using simulations comparing four mediation models each using the same amount of data but with differing numbers of people and time points. The data were generated using multilevel mediation models, with varying data characteristics that may be incorrectly specified in the analysis models. Models were evaluated using power and Type I error rates in detecting a significant indirect path. Multilevel longitudinal mediation analysis performed well in every condition, even in the misspecified conditions. Of the analyses that used limited data, sequential mediation had the best performance; therefore, it offers a viable second choice when resources are limited. Finally, each of these models were demonstrated in an empirical analysis.

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23

Swiercz, Paul M., and Linda P. Flynn. "A CONTINGENCY MODEL OF MANDATED MEDIATION: LESSONS FROM THE RAILWAY LABOR ACT." International Journal of Conflict Management 4, no. 1 (January 1, 1993): 61–74. http://dx.doi.org/10.1108/eb022721.

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Over the past decade there has been an upsurge of interest in the study of mediation. Much of the current interest is the consequence of mediation's apparent success in the management of labor‐management conflicts. It is suggested here that a critical examination of mandated mediation—a long standing, but neglected part of negotiation under the Railway Labor Act of 1926—can make substantive contributions to the development of mediation theory. This paper proposes a conceptual model for understanding context, process, and outcome constraints on the performance of mandated mediation.

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24

IGNAT, Claudiu. "Brief Analysis of the Dispute Resolution Methods through Mediation in Romania." Journal of Advanced Research in Law and Economics 11, no. 1 (March 31, 2020): 55. http://dx.doi.org/10.14505//jarle.v10.1(47).07.

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Mediation is an alternative way of resolving conflicts and in particular disputes that may otherwise reach a judiciary settlement. This procedure is a voluntary choice for the warring parties, but may be a compulsory procedure, when mediation is the only way to resolve disputes stipulated through a compromissory clause in the contract bet of the parties they are in dispute. Even though mediation is a non-contentious procedure, it has a set of rules and principles that govern this procedure, guaranteeing the respect of the rights of all parties in the dispute over mediation.

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25

Allen, Joseph H., Gary L. Nuechterlein, and Deborah Buitron. "Bulrush Mediation Effects on Wave Action: Implications for Over-water Nesting Birds." Waterbirds 31, no. 3 (September 2008): 411–16. http://dx.doi.org/10.1675/1524-4695-31.3.411.

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26

Leung, Janet T. Y. "Concerted Cultivation and Adolescent Psychopathology over Time-Mediation of Parent-Child Conflict." International Journal of Environmental Research and Public Health 17, no. 24 (December 8, 2020): 9173. http://dx.doi.org/10.3390/ijerph17249173.

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Background: Concerted cultivation is a parenting strategy that parents nurture their children intensively by involving heavily in their children’s academic sphere as well as offering them different structured “enrichment” activities so that their children can succeed in the future competitive “rug rat race”. While this parenting strategy has been regarded as an effective strategy to promote child and adolescent development, it is deemed to create stress and anxiety for their children. The present study examined the relationship between concerted cultivation and adolescent psychopathology (indexed by depression and anxiety) via parent–child conflict among Chinese adolescents in Hong Kong over time. Method: A sample of 1570 young adolescents (48.5% girls, mean age at time 1 = 12.6, SD = 0.76) were recruited from 19 secondary schools in Hong Kong. Adolescents were invited to fill out a questionnaire that contained measures of concerted cultivation, parent–child conflict, anxiety and depression in two consecutive years. Results: Results from structural equation modeling showed that higher levels of paternal concerted cultivation were associated with higher levels of adolescent psychopathology via increased father–child conflict over time. However, maternal concerted cultivation was linked to greater mother–child conflict but reduced father-child conflict, which was associated with adolescent psychopathology. Discussion: Rather than regarding concerted cultivation as an effective parenting strategy that promotes adolescent development, the findings indicated that concerted cultivation increased adolescent psychopathology via increased parent–child conflict. The study sheds new light for family practitioners and educators in their awareness of the adverse effects of concerted cultivation and designing appropriate parent education programs for parents.

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27

Sanderson, Jennifer L., Andrew J. Young, Sarah J. Hodge, Solomon Kyabulima, Susan L. Walker, and Michael A. Cant. "Hormonal mediation of a carry‐over effect in a wild cooperative mammal." Functional Ecology 28, no. 6 (July 22, 2014): 1377–86. http://dx.doi.org/10.1111/1365-2435.12307.

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28

Picker, Bennett G. "The Changing Landscape of Mediation: Personal Observations Over the Past 40 Years." Alternatives to the High Cost of Litigation 36, no. 10 (November 2018): 145–57. http://dx.doi.org/10.1002/alt.21753.

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29

Gounden, Vasu. "International Mediation in Africa: Experiences and Challenges." International Negotiation 22, no. 3 (October 5, 2017): 402–30. http://dx.doi.org/10.1163/15718069-22031057.

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AbstractAlthough informal and traditionally driven practices of mediation have existed for many generations, institutionalized and African-driven mediation became more important following the end of the Cold War. Mediation initiatives undertaken over the past 25 years, partly as a consequence of the increase in intra-state conflicts on the continent, have resulted in the generation of a deep body of knowledge and the evolution of a community of practitioners. This article examines two of the first post-1990 African-driven mediation processes – the Arusha Peace Process for Burundi and the Inter-Congolese Dialogue (icd) for the Democratic Republic of the Congo (drc) – to highlight key lessons that emerged, including the choice of mediator, who to include in the mediation, the impact of regional and international dynamics on the mediation, the importance and challenges of addressing the root causes of the conflict in a mediation process, and the role of non-state actors and Track ii diplomacy.

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30

Ruhe, Constantin, and Iris Volg. "Sticks and carrots for peace: The effect of manipulative mediation strategies on post-conflict stability." Research & Politics 8, no. 2 (April 2021): 205316802110183. http://dx.doi.org/10.1177/20531680211018368.

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Mediation is widely used to settle armed conflict and interstate crises. However, the debate over the most appropriate and effective mediation strategy is still ongoing. In particular, manipulative mediation is controversial, with some research indicating that heavy-handed mediation may buy short-term peace at the expense of an instable long-term situation. This paper re-evaluates these claims. We discuss how existing theoretical arguments either do not imply long-term instability or implicitly make unrealistic assumptions to explain possible long-term problems of manipulative strategies. We re-examine published empirical evidence for problematic long-term effects of manipulative mediation in interstate crises. We demonstrate statistically that this evidence actually implies a different conclusion and instead supports our theoretical argument: manipulative mediation is associated with substantively greater stability compared to unmediated cases, although this effect weakens and becomes statistically insignificant after several years. Interestingly, non-manipulative mediation appears to be uncorrelated with post-crisis stability, based on our analysis.

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31

Suherman, Suherman. "UPAYA MEDIASI DALAM PENYELESAIAN SENGKETA DI LEMBAGA PERBANKAN." ADHAPER: Jurnal Hukum Acara Perdata 4, no. 1 (October 10, 2018): 109. http://dx.doi.org/10.36913/jhaper.v4i1.67.

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In some countries, mediation was voluntarily dispute settlement. In banking dispute settlement, the dispute arose from customer’s claim over banking services. If the claim unsatisfactory settled, it may lead to banking dispute. The dispute characterized as contractual dispute between the bank and the customer as debtor. At ﬁ rst stage, the customer may request for clariﬁ cation towards the bank. Subsequently, the customer may submit request for mediation to the mediation institution. If the parties (the bank and the customer) reach an agreement on the dispute, the agreement should be written. This article also discuss the advantages and disadvantages of mediation for banking dispute settlement.

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32

Feng, Lu. "How Buddhism Plays a Role through Victim-Offender Mediation in Handling the Challenges of Crime in China’s Tibet." Religions 12, no. 9 (August 30, 2021): 699. http://dx.doi.org/10.3390/rel12090699.

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Religion plays a significant role in the way Western societies respond to criminal offenses. However, the research on how religion plays a role in handling the challenges of crime in non-Western countries is lacking. In this study I try to close this research gap by analyzing the victim-offender mediation in China’s Tibet, where influenced by religion, history and culture, a set of local solutions to control criminal offenses have traditionally been formed. Based on the field survey and second-hand information, I discuss how religious factors play a role in local victim-offender mediation in terms of the basis for mediation, mediator, mediation tactics, and guarantee for mediation agreement. While Buddhism acts as a form of self-control over the adherents of Buddhism, it works as a form of social control as well. Buddhist lama as the main mediator strategically uses Buddhist principles as mediation tactics in victim-offender mediation. After the mediation agreement is reached, religious ceremony is usually conducted as a guarantee. In conclusion I summarize the possible contribution of the research findings to the basic issues of restorative justice.

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Lee, Tae Kyoung, Kandauda A. S. Wickrama, and Catherine Walker O’Neal. "Health continuity over mid-later years in enduring marriages: Economic pressure as couple- and individual-level mediator." Journal of Social and Personal Relationships 37, no. 2 (August 1, 2019): 377–92. http://dx.doi.org/10.1177/0265407519865971.

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Health problems in midlife have been shown to continue into later adulthood. This continuity may be attributed to social selection and social causation, with longitudinal sequential associations between health problems and economic pressure (EP) over the life course creating mediational effects (health → EP → health). Moreover, in enduring marriages, this potential mediation may operate as a dyadic process over time. Yet this mediational process involving health problems and economic pressure has not been adequately investigated in couple contexts. Using a sample of 257 husbands and wives in enduring marriages, we investigated multilevel mediation processes between health problems and EP from midlife to later adulthood. The results indicate unique couple- and individual-level (only for husbands) mediation processes of health problems in the couple context, emphasizing the value of considering both couple- and individual-level health processes when developing health interventions.

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34

Kaidarova, Zarya, and Serik Imanbayev. "Mediation in the Republic of Kazakhstan: psychological and legal support." Pedagogy and Psychology 42, no. 1 (March 30, 2020): 133–39. http://dx.doi.org/10.51889/2020-1.2077-6861.17.

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This article discusses the problems and prospects of the development of the mediation institution in the Republic of Kazakhstan, as well as its psychological and legal support. The characteristic features of mediation, its principles, the procedure and status of the mediator are analyzed. The benefits of mediation over litigation are highlighted. The main problem of the development of mediation is identified and justified - the lack of an integrated and systematic approach, both in the legislative regulation of these procedures and in the practical activities of state bodies and public society. One of the important steps in improving the legal system should be the development of one of the elements of restorative justice - mediation. Based on the research, the author proposed the introduction of out-of-court settlement of offenses, due to the humanization of criminal policy and the need for procedural procedures.

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35

Dontsov, Denys, Andrii Neugоdnikov, Oleksandr Bignyak, Olena Kharytonova, and Liydmyla Panova. "Online mediation due to the quarantine caused by COVID-19 Pandemic." Cuestiones Políticas 39, no. 68 (March 7, 2021): 914–26. http://dx.doi.org/10.46398/cuestpol.3968.59.

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The institute of mediation is becoming increasingly popular. This is due to several factors, including the possibility to save on attorneys' fees and court costs. Mediation also helps to save a lot of time and find a solution to the conflict that would satisfy both parties as quickly as possible. During the pandemic, the institution of mediation, like many other spheres of public life, moved online. The mediation process itself involves individuals who use online communication or even artificial intelligence, such as chatbots. Thus, in connection with the transition of mediation to the online plane, there is a need for legal support for the use of innovative technologies in the field of mediation. Thus, the article is relevant and timely in terms of quarantine restrictions. The object of research is public relations in the field of online mediation. The authors of the article used general and special research methods. The authors of the article concluded that online mediation is a useful institution, but the implementation of appropriate procedures must take care to protect private information, as there is no full control over the situation outside the camera of a computer, tablet, phone, or other device with access on the Internet.

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36

Chun, Sook-Young. "Parental over-expectation and over-control and adolescent’ somatization: The effects of mediation on adolescent’ depression and aggression." Korean Journal of Child Psychotherapy 13, no. 1 (February 28, 2018): 55–67. http://dx.doi.org/10.23931/kacp.2018.13.1.55.

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37

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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Hoiri, Syamsul. "PERLUNYA MENGKAJI KEMBALI PERATURAN BANK INDONESIA TENTANG MEDIASI PERBANKAN." Jurnal Hukum & Pembangunan 38, no. 3 (September 3, 2008): 392. http://dx.doi.org/10.21143/jhp.vol38.no3.176.

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AbstrakUnder the Bank Indonesia regulation in year 2006 (PBI No.8/5/PBI/2006)has introduced the alternative dispute resolution in banking business. Themain purpose of institution is aimed to giving more facility for simple andfaster resolution through banking and lower customer dispute 's. The 2006regulation itself opens resolution methods by negotiation, conciliation,mediation, arbitration and litigation. The option to apply those methodswould tend to mediation procedure. More over for middle lower bankingcustomers and micro scale business will get more handicaps to choicelitigation or arbitration. It's by considering on length and spent more cashare needed. The resolution system also offers banking mediation institute(LMP) is the competence agent to conduct mediation process but then untilthe end of year 2007 the LMP have not taken shape. Then under regulationof year 2008 (PBI No. 10/ I/PBI/2008) temporary the resolution be handledby Directorate investigation and Banking Mediation of Bank Indonesia.

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Yoshida, Takuto, and Mitsuhiro Ura. "Loss of Control over Addictive Behaviors Mediate the Effect of Social Exclusion in Addiction." International Journal of Psychological Studies 13, no. 1 (February 9, 2021): 27. http://dx.doi.org/10.5539/ijps.v13n1p27.

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Previous research suggests that a lack of social connections predicts increased addiction-related problems, and that loss of control mediates this relationship. However, this mediation effect is inconsistent and depends on the type of addiction. We investigated if the loss of control mediated the relationship between low social connections and addiction, by integrating different addictive behaviors. Our results demonstrated that experiences of exclusion from others and rejection from society predicted a higher degree of addiction-related problems Integrating and analyzing different addictions demonstrate the mediation effect of loss of control over addiction. These results suggest that the mediation effects of loss of control between low social connection and addiction-related problems are observed when addictive behaviors are integrated. Our findings can suggest that the loss of control of addictive behaviors is the necessary factor to predict addiction-related problems by low social connection.

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Shao, Zhonghe, Ting Wang, Meng Zhang, Zhou Jiang, Shuiping Huang, and Ping Zeng. "IUSMMT: Survival mediation analysis of gene expression with multiple DNA methylation exposures and its application to cancers of TCGA." PLOS Computational Biology 17, no. 8 (August 31, 2021): e1009250. http://dx.doi.org/10.1371/journal.pcbi.1009250.

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Effective and powerful survival mediation models are currently lacking. To partly fill such knowledge gap, we particularly focus on the mediation analysis that includes multiple DNA methylations acting as exposures, one gene expression as the mediator and one survival time as the outcome. We proposed IUSMMT (intersection-union survival mixture-adjusted mediation test) to effectively examine the existence of mediation effect by fitting an empirical three-component mixture null distribution. With extensive simulation studies, we demonstrated the advantage of IUSMMT over existing methods. We applied IUSMMT to ten TCGA cancers and identified multiple genes that exhibited mediating effects. We further revealed that most of the identified regions, in which genes behaved as active mediators, were cancer type-specific and exhibited a full mediation from DNA methylation CpG sites to the survival risk of various types of cancers. Overall, IUSMMT represents an effective and powerful alternative for survival mediation analysis; our results also provide new insights into the functional role of DNA methylation and gene expression in cancer progression/prognosis and demonstrate potential therapeutic targets for future clinical practice.

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Tamsil and Mahendra Wardhana. "Mediation Over Disputes Between Indigenous People and Industrial Plantation Forest Businessmen in Indonesia." Advanced Science Letters 23, no. 12 (December 1, 2017): 11719–22. http://dx.doi.org/10.1166/asl.2017.10502.

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Striegnitz, Meinfried. "Conflicts over coastal protection in a National Park: Mediation and negotiated law making." Land Use Policy 23, no. 1 (January 2006): 26–33. http://dx.doi.org/10.1016/j.landusepol.2004.08.006.

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Dong, Nianbo, and Benjamin M. Kelcey. "A Review of Causality in a Social World: Moderation, Mediation, and Spill-Over." Journal of Educational and Behavioral Statistics 45, no. 3 (October 21, 2019): 374–78. http://dx.doi.org/10.3102/1076998619881791.

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Campbell, Sarah B., and Keith D. Renshaw. "PTSD symptoms, disclosure, and relationship distress: Explorations of mediation and associations over time." Journal of Anxiety Disorders 27, no. 5 (June 2013): 494–502. http://dx.doi.org/10.1016/j.janxdis.2013.06.007.

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McHugh Power, Joanna, Frank Kee, Andrew Steptoe, and Brian Lawlor. "[P3-539]: LONELINESS, VERBAL FLUENCY, AND SOCIAL ENGAGEMENT OVER TIME: A MEDIATION ANALYSIS." Alzheimer's & Dementia 13, no. 7S_Part_24 (July 2017): P1184—P1185. http://dx.doi.org/10.1016/j.jalz.2017.06.1759.

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Trushell, Ian, Bryan Clark, and Andrew Agapiou. "Construction mediation in Scotland." International Journal of Law in the Built Environment 8, no. 2 (July 11, 2016): 101–22. http://dx.doi.org/10.1108/ijlbe-09-2015-0014.

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Purpose This paper aims to address the knowledge gap, by exploring the attitudes and experiences of mediators relative to the process, based on research with practitioners in Scotland. Recent research on construction mediation in Scotland has focused exclusively on construction lawyers’ and contractors’ interaction with the process, without reference to the views of mediators themselves. Design/methodology/approach The entire research design of this research was constrained by the small population of practising Scottish construction mediators (thought to be circa. 20 in 2013). The design encompassed a literature search, participant interviews, questionnaire survey and qualitative and quantitative data. The research questionnaire was designed to capture data related to the biography, training and experience of those interviewed before their opinion on the benefits of, and problems with, mediation were sought. Findings The results indicate that mediations failed because of ignorance, intransigence and over-confidence of the parties. Barriers to greater use of mediation in construction disputes were identified as the lack of skilled, experienced mediators, the continued popularity of adjudication and both lawyer and party resistance. Notwithstanding the English experience, Scottish mediators gave little support for mandating disputants to mediate before proceeding with court action. A surprising number were willing to give an evaluation of the dispute rather than merely facilitating a settlement. Originality/value There are few experienced construction mediators in Scotland, and the continued popularity of statutory adjudication is a significant barrier. Mediators believe that clients’ negative perceptions of mediation are a bigger barrier than lawyers’ perceptions. The mediators wanted judicial encouragement for mediation backed by some legislative support, mediation clauses incorporated into construction contracts and government adoption of mediation as the default process in its own contracts.

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Do, D. D., and H. D. Do. "Adsorption of Quadrupolar, Diatomic Nitrogen onto Graphitized Thermal Carbon Black and in Slit-Shaped Carbon Pores. Effects of Surface Mediation." Adsorption Science & Technology 23, no. 4 (May 2005): 267–88. http://dx.doi.org/10.1260/0263617054770020.

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In this paper, we study the effect of solid surface mediation on the intermolecular potential energy of nitrogen, and its impact on the adsorption of nitrogen on a graphitized carbon black surface and in carbon slit-shaped pores. This effect arises from the lower effective interaction potential energy between two particles close to the surface compared to the potential energy of the same two particles when they are far away from the surface. A simple equation is proposed to calculate the reduction factor and this is used in the Grand Canonical Monte Carlo (GCMC) simulation of nitrogen adsorption on graphitized thermal carbon black. With this modification, the GCMC simulation results agree extremely well with the experimental data over a wide range of pressure; the simulation results with the original potential energy (i.e. no surface mediation) give rise to a shoulder in the neighbourhood of monolayer coverage and a significant over-prediction of the second and higher layer coverages. The influence of this surface mediation on the dependence of the pore-filling pressure on the pore width is also studied. It is shown that such surface mediation has a significant effect on the pore-filling pressure. This implies that the use of the local isotherms obtained from the potential model without surface mediation could give rise to a serious error in the determination of the pore-size distribution.

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Herzog, Stefan M., and Thomas T. Hills. "Mediation Centrality in Adversarial Policy Networks." Complexity 2019 (April 30, 2019): 1–15. http://dx.doi.org/10.1155/2019/1918504.

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Conflict resolution often involves mediators who understand the issues central to both sides of an argument. Mediators in complex networks represent key nodes that are connected to other key nodes in opposing subgraphs. Here we introduce a new metric, mediation centrality, for identifying good mediators in adversarial policy networks, such as the connections between individuals and their reasons for and against the support of controversial topics (e.g., state-financed abortion). Using a process-based account of reason mediation we construct bipartite adversarial policy networks and show how mediation defined over subgraph projections constrained to reasons representing opposing sides can be used to produce a measure of mediation centrality that is superior to centrality computed on the full network. We then empirically illustrate and test mediation centrality in a “policy fluency task,” where participants generated reasons for or against eight controversial policy issues (state-subsidized abortion, bank bailouts, forced CO2 reduction, cannabis legalization, shortened naturalization, surrogate motherhood legalization, public smoking ban, and euthanasia legalization). We discuss how mediation centrality can be extended to adversarial policy networks with more than two positions and to other centrality measures.

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Vuković, Siniša. "Coping with Complexity: Analyzing Cooperation and Coordination in Multiparty Mediation Processes." International Negotiation 17, no. 2 (2012): 265–93. http://dx.doi.org/10.1163/157180612x651449.

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Abstract Crucial challenges for multiparty mediation processes include the achievement of adequate cooperation among the mediators and consequent coordination of their activities in the mediation process. Existing literature goes only as far as to make it clear that successful mediation requires necessary cooperation and coordination between mediators, as if these features were exogenous to the process. Available research does not consider whether these features might change over time and if such change could have an impact on the overall mediation process. Experience shows that it is not rare for mediators who were initially willing to pool their resources and act in concert with one another to decide at a later point to stop cooperating. Using a game theoretical model and a comparative analysis of three recent cases of multiparty mediation, this research illustrates the importance of maintaining necessary levels of cooperation and coordination to achieve successful outcomes and provides insights on how to achieve them in case the mediating coalition is faced with internal conflict of interests.

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Lanz, David. "Charting the Ups and Downs of osce Mediation." Security and Human Rights 27, no. 3-4 (September 9, 2016): 243–55. http://dx.doi.org/10.1163/18750230-02703005.

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This article traces the development of osce mediation and provides elements to explain the ups and downs over time. The origins of osce mediation date back to the inception of the organisation during the Cold War period. However, it only became a mediator in the 1990s, playing different roles. This work suffered in the 2000s as the osce’s relevance was increasingly questioned. In recent years, the osce has seen renewed growth, owing to a political commitment by participating States to strengthen its mediation capacities and because of the leading role it took on in mediating the crisis in and around Ukraine. While this is a significant development, this article argues that the osce’s mediation role is likely to be limited, focusing on the niche of managing established formats and local conflict prevention.

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