Advantages Of Mediation Research Articles

Mediation for the resolution of international economic conflicts. Effective approaches and perspectives

The purpose of this study was to examine mediation as a mechanism for resolving international economic conflicts and to identify effective approaches for their resolution. International economic conflicts are an integral part of today's globalized economy, contributing significantly to the complication of international relations and threatening sustainable development. This article examines the effectiveness and potential of mediation as a tool for resolving international economic conflicts. In particular, the article analyzes the advantages of using mediation, stages of its application, successful practices, as well as challenges and prospects for the development of this method of dispute resolution.
 In the modern world, international economic conflicts are becoming more and more relevant and complex. These conflicts can have serious consequences for states, corporations and international relations in general. This article explores the role and importance of mediation as an effective tool for resolving international economic disputes.
 The purpose of this article is to analyze the use of mediation in resolving international economic conflicts, to identify the advantages of this method, to review its stages and challenges, and to present the prospects for the development of this approach, to understand the essence of mediation and its basic principles. An overview of the advantages of this method, such as preserving business relationships and taking into account the interests of the parties is presented, analyzing the sequence of stages of the mediation process and their role in achieving a settlement. Successful mediation cases are examined in detail, emphasizing the importance of the mediator's role and the advantages of mediation over other dispute resolution methods.
 The limitations of mediation are also discussed and ways to overcome them are suggested. The article concludes by presenting possible directions for the development of mediation, such as integration into international law and the use of modern technologies.
 As a result of the study, it can be concluded about the importance of mediation in resolving international economic conflicts. Its flexibility, focus on the interests of the parties and ability to preserve long-term relationships make mediation an indispensable tool in modern international practice.

Медіація як альтернативний спосіб вирішення сімейних спорів

The article examines and analyzes family conflicts and the importance of mediation as an alternative way to resolve them. The nature of family conflicts, the peculiarities of family relations and the importance of a constructive resolution of this type of conflict are considered. It was determined that family mediation allows to take into account the high emotionality of family conflicts and is therefore very effective in confusing life situations. The history of the emergence of family mediation, as well as its development in different countries, including Ukraine, is studied. The article examines the effectiveness of new legislation in this field in Ukraine. The principles and stages of family mediation are discussed in detail, including preparation for mediation, gathering information, finding solutions and concluding the procedure. The possibility of including children in the family mediation process and the feedback stage after the mediation is also considered. The advantages of mediation in comparison with other methods of conflict resolution are determined. Mediation helps to create constructive solutions and compromises, taking into account the interests of all parties to the conflict. An important aspect is the ability to take into account the opinion and needs of children in family conflicts. Also, mediation is less expensive and time-consuming compared to court proceedings. The introduction of mediation into the legal system contributes to the reform of justice, ensuring a more effective and peaceful resolution of family disputes, and the Law of Ukraine «On Mediation» creates a legal basis for regulating this process. Voluntary participation and the role of neutral mediators make mediation a promising and humane tool for conflict resolution.

Mediation Techniques in Labor Conflicts

In the event of a labor dispute, the employer and the employee can resort to mediation. Mediation is an alternative way to the court that aims to resolve the confl ict between the parties amicably, with the help of a third person, namely the mediator. The purpose of this work is to inform the citizens of the Republic of Moldova about mediation techniques in the resolution of labor disputes. The alternative solution of civil cases was the object of analysis in reports devoted to the effi ciency and modernization of justice, being concerned that judges and lawyers in Moldova are still not prepared for the use of this method. The author set himself as an object: the popularization of labor dispute mediation techniques; raising public awareness of the benefi ts and advantages of mediation, the activity of a mediator, international practices and the complexity of the fields in which mediation can be used; increasing public confidence in the mediation process and its effects. Mediation techniques are those that allow us to go to the root of the problem and solve it more or less quickly. One of the most important functions of the personnel department is the resolution of labor conflicts, which will ensure a good working environment. Mediation means finding an agreement acceptable to the parties, but not ensuring justice. Labor conflicts generally concern aspects related to the continuation, termination, execution of an individual employment contract. Another category of conflicts concerns collective labor contracts. The third category concerns workplace conflicts that arise between colleagues or departments. Mediation offers the possibility of resolving these conflicts in a short time, turning an unfavorable situation into a new opportunity and finding long-term solutions.

Mediation in the Polish Insurance Market

The article describes mediation as one alternative dispute resolution method (ADR) available on the Polish insurance market. The author positions mediation among other ADRs on the market and describes the major features and advantages of mediation over traditional court proceedings. According to the author, mediation is very rarely used on the Polish insurance market. The vast majority of insurance mediation is conducted by the Mediation Centre of the Arbitration Court at the Polish Financial Supervision Authority. The author discusses the reasons for this including the relative newness of mediation as an ADR in Poland and a general lack of knowledge of it, the lack of system of comprehensive regulations for the profession of mediator, insurers’ attitude of “deny to the end” with regard to settling claims, and the mentalities the customs of their lawyers.

상가임대차 분쟁조정 요인분석을 통한 개선방안 연구

1. CONTENTS (1) RESEARCH OBJECTIVES The purpose of this study is to provide the measures and implications to increase the adjustment establishment rate by identifying the status of commercial real estate lease disputes and deriving the factors affecting the establishment of adjustment in Seoul Metropolitan. (2) RESEARCH METHOD The analysis method used binary logistic regression analysis that can be used when the dependent variable has binary characteristics among regression analysis, and the analysis tool used SPSS statistics 21 (3) RESEARCH FINDINGS As a result of using the binary logistic regression analysis method with the ultimate goal of dispute settlement as a dependent variable, six variables, 'Applicant Age', 'Applicant Gender', 'Processing Period', 'Rental Increase or Decrease', and 'Contract Renewal', were found to affect the establishment of adjustment. 2. RESULTS If we derive implications, the rate of mediation application was high in the order of disputes related to maintenance and repair following the increase or decrease in rent, so disputes related to maintenance can be prevented in advance and on-site mediation or insurance using expert members considering the urgency. In order to reduce the dismissal rate for each type of mediation case and increase the mediation establishment rate, it is necessary to find a pilot introduction of mediation preposition by specifying mediation cases, and the use of face-to-face meetings using the advantages of mediation is expected to play a positive role in mediation.

Mandatory judicial mediation – a failure in Moldova

After 15 years of mediation in the Republic of Moldova, we note that at the moment we have fully registered 207 offices of mediation, associated offices, organizations of mediation, lawyers’ offices with certified mediators, of which 44 lawyers – mediators have suspended their activity, and 4 – have ended their activity. We tend to believe that from the rest, a large part have a certificate posted on the wall and a half-open office, because they have a basic activity that keeps them in work beside the „alternative” mediation. At the same time, we note that from April 2022 in the Republic of Moldova we have only extrajudicial mediation, because judicial mediation did not rezist, and in time some of the mediators remained too disappointed to be interested again in the future of mediation. In this article we wanted to emphasize the role and importance of the mediator, because the successful completion of the mediation largely depends on the execution of his role. We wanted to remind the principles of mediation, the benefits of mediation and a parallel between the member states of the European Union. We have the ambition to say that we need: professionalism, unity, resuscitation to increase the citizen’s trust in the mediation procedure, but at the moment it seems that the legal persons understood better the advantages of mediation, because commercial disputes are the most in the mediators’ procedure. In conclusion, the article is nothing more than an overall view of a judge and a mediator on the mediation process in the Republic of Moldova.

ОСОБЛИВОСТІ ЗАСТОСУВАННЯ МЕДІАЦІЇ У СФЕРІ АВТОРСЬКОГО ПРАВА

The article is devoted to the study of general principles of introduction of mediation as an alternative way of resolving copyright disputes in Ukraine. Today, the Institute of Mediation in Ukraine is under development, which is confirmed by the active research of scientists who emphasize the benefits of mediation and emphasize the need for its introduction. It is established that the use of mediation to resolve conflicts over intellectual property is one of the most promising areas in terms of the development of mediation institutions and the reasons for this. The current state of legal regulation of mediation in Ukraine and mediation procedures in the national legislation of EU member states are analyzed. Among the advantages of mediation are: cost-effectiveness (mediation does not require payment of court fees and other court costs); adoption by the parties of an independent mutually beneficial decision; maintaining confidentiality (important disputes that could potentially damage the business reputation of the parties, especially in intellectual property disputes).

THE VOLUNTARINESS OF DISPUTANTS IN CONSTRUCTION MEDIATION

Mediation has been promoted to resolve construction disputes due to much-heralded time and cost advantages. Formal introduction was affected in early 20’s after several successful pro bono mediation pilots. In Hong Kong, immense promotional efforts have been directed to make mediation the mainstream mechanism for alternative dispute resolution. Despite promotional efforts, a disheartening decline in use of mediation was noted after an initial surge. For wider adoption, there has been an ongoing debate on before disputing parties resorting other forms of dispute resolution, whether courts should compel them to attempt mediation. This study examines pillars of successful mediation and seeks to reveal the root causes of Hong Kong's sluggish uptake of construction. Review of literature informed key mediation attributes and manifestations of voluntariness in construction dispute mediation. Scale rating by construction professionals was employed to establish mediation attribute importance ranking as well as representativeness of manifestation of voluntary participation. "The exchange of critical information is effective" and "The disputant considers the mediator trustworthy" were ranked as the two most important mediation attributes, suggesting the importance of having a conducive environment for genuine communication. It is therefore proposed that voluntary participation is a necessary condition to create a collegial atmosphere. “Working cooperatively with the mediator” and “Preparing settlement options before attending the mediation” were the top two ranked manifestations of voluntary participation. Most research on mediation mainly focus on the advantages of mediation. Findings of this study raise the caveat when disputants are asked to attempt mediation that erodes voluntary participation.

THE VOLUNTARINESS OF DISPUTANTS IN CONSTRUCTION MEDIATION

Mediation has been promoted to resolve construction disputes due to much-heralded time and cost advantages. Formal introduction was affected in early 20’s after several successful pro bono mediation pilots. In Hong Kong, immense promotional efforts have been directed to make mediation the mainstream mechanism for alternative dispute resolution. Despite promotional efforts, a disheartening decline in use of mediation was noted after an initial surge. For wider adoption, there has been an ongoing debate on before disputing parties resorting other forms of dispute resolution, whether courts should compel them to attempt mediation. This study examines pillars of successful mediation and seeks to reveal the root causes of Hong Kong's sluggish uptake of construction. Review of literature informed key mediation attributes and manifestations of voluntariness in construction dispute mediation. Scale rating by construction professionals was employed to establish mediation attribute importance ranking as well as representativeness of manifestation of voluntary participation. "The exchange of critical information is effective" and "The disputant considers the mediator trustworthy" were ranked as the two most important mediation attributes, suggesting the importance of having a conducive environment for genuine communication. It is therefore proposed that voluntary participation is a necessary condition to create a collegial atmosphere. “Working cooperatively with the mediator” and “Preparing settlement options before attending the mediation” were the top two ranked manifestations of voluntary participation. Most research on mediation mainly focus on the advantages of mediation. Findings of this study raise the caveat when disputants are asked to attempt mediation that erodes voluntary participation.

Conflict mediation in business management

Human coexistence is marked by conflicts, of the most diverse types, since the dawn of humanity. In the business environment it is no different, because there are also conflicts. At the organizational level, managers, in addition to the challenges of leading and leading teams, directing them to obtain positive results, have to face the controversies that arise in labor relations, both internally and externally, being necessary, in most cases, to resort to judicialization of disputes. Therefore, conflict mediation presents itself as a consensual mechanism in the resolution of disputes that arise in corporate entities. For this reason, this article brought up the issue of great scope, for which it elaborated as a guiding question as the basis of this research: how to introduce the institute of mediation in the business context to resolve the conflicts that arise there, promoting social pacification without the need to of judicialization of part of the disputes? To answer this question, the purpose of this article is to demonstrate how to use an alternative dispute resolution mechanism other than state jurisdiction and build a more peaceful environment. In this way, encouraging the birth of a new culture no longer focused on litigation, but on dialogue and consensuality in corporatist relations. For the development of this study, bibliographic research was adopted as a methodology, including articles, doctrines, internet sites, in short, reflections from other authors with several publications on the topic addressed, but all with different views, but with similar objectives. Finally, it was concluded by briefly demonstrating the importance and advantages of mediation in the business environment, as well as its main and relevant aspects involving mediation and conflict within the business, as well as in society in general.

Mediation as an alternative form of pre-trial settlement of a tax dispute: doctrinal approaches and law enforcement practice

The subject of research is the study of mediation procedure and embedding of mediation techniques in such a specific area of relations, the participants of which are the tax authority and the taxpayer. The settlement of tax disputes is quite understandable, since this mechanism allows to keep an economic entity on the market, on the one hand, and to replenish the state budget on the other.The purpose of the article is to confirm or disprove hypothesis that the current mechanism of pre-trial settlement of disputes established in the Russian Tax Code does not correspond to the techniques of the mediation process. The methodological basis of the research was formed by general scientific methods of cognition, which include the principles of objectivity and system analysis of the information collected during preparation of the publication. At the same time private scientific methods were also used in the work, including descriptive and comparative legal methods, which made it possible to use the practices of foreign states in terms of the use of mediation procedures. The author analyzes the official data published by the tax authority, regarding the number of disputes considered over the period of the past three years.The main scientific results, scope of application. The study made it possible to gain new knowledge in the field of legal regulation of mediation. The presented foreign experience demonstrates that at present Russia is only at the stage of formation of mediation. Most people do not yet understand what exactly the advantages of mediation. The existing procedure for the judicial settlement of a dispute attracts its participants due to the fact that the current state fees are very low compared to their foreign counterparts. All kinds of legislative transformations lead to an ambiguous interpretation of legal norms, which often defy literal interpretation, followed by conflicts in law enforcement. Since the practice of using mediation sessions is not widespread at present, a large number of debatable questions arise about the procedure for conducting mediation, the possibility of fiscal body participation, determining the categories of disputes in which negotiation techniques can be applied.Conclusions. Mediation is a systemic process that allows constructive negotiations between the parties involved in the dispute in order to resolve the problem and possibly reach an agreement on the settlement of the dispute. At the same time, it is emphasized that the lack of law enforcement practice complicates the process of researching the institution of tax mediation. The role of a mediator in legal relations (with the tax authority as a participant) is a person who must create a constructive atmosphere for discussing the conflict; adhere to the principles of mediation; assist in finding solutions without expressing his opinion on the agenda. This role of mediator is not adequately reflected in the legislation in relation to tax disputes.

Mediation in civil proceedings during the COVID-19 pandemic

The article deals with the problems of implementation of the mediation procedure in civil proceedings and the technical possibilities of distance mediation, prospects for implementation, as well as the legal and social consequences of using this method of dispute resolution during the COVID-19 pandemic. The authors emphasize the importance and necessity of using distance mediation, especially during the COVID-19 pandemic, as it allows resolving civil cases without a health risk. Emphasis is placed on what difficulties may arise in choosing this particular way for resolving the dispute and possible ways to overcome them. It is noted that many problems arise, primarily due to the fact that mediation has not yet found its place in a separate law. The article gives a detailed analysis of how a mediator can ensure the confidentiality of the procedure and which his actions are possible if it is impossible to conduct it remotely. In contrast to mediation, which due to the flexibility of the procedure can take place remotely, a parallel is drawn with the traditional dispute resolution, in courts, as well as the reasons for the ineffectiveness of distance format in choosing this method and the advantages of mediation in this case. It is spoken in detail about the issue of conducting mediation in other countries and shown the conclusions, which summarize the solutions for overcoming problems, their effectiveness and experience for Ukrainian mediators, which can be borrowed from foreign professionals. Examples of solving the problems, caused by the pandemic, in distance mediation considered by the examples of France, the United Kingdom, and some states of the United States. The article draws attention to the fact that civil cases are best resolved through the mediation procedure, and under quarantine - remotely. It is emphasized that civil cases often meet all the criteria of the eligibility for mediation in contrast to criminal, economic, administrative cases and cases of administrative torts.

Концептуальні засади здійснення медіації при реалізації зовнішньоекономічних контрактів

The article discovers the results of studying the conceptual framework of applying mediation in the context of foreign economic contracts implementation. The approaches to defining the ‘mediation’ concept have been outlined. The features and advantages of mediation in Ukraine are determined. It has been substantiated that mediation is an effective and rather popular way in

К вопросу о современных проблемах медиации (на примере отношений граждан и банковских служащих).

This article discusses the prospects for the development of mediation practice in the banking sector. The main task of mediation is to develop cultural negotiations. Examples of the effectiveness of mediation as the main path to social stability in this area, to create a conflict-free living environment, the ability to negotiate are given. Mediation is shown as a negotiation process used in complex or conflict situations. Therefore, it can have the widest application. The conflicts that mediators have encountered and have experience working with during mediation are quite extensive. In the socio-economic and political spheres; in the trade and financial sphere, it is possible to single out conflicts typical for other firms or enterprises; there could be conflicts in state administrative institutions similar to those in enterprises. Modern industries are becoming customer-oriented, which means the constant attention of specialists of different professions to human satisfaction. It is shown that alternative methods for resolving disputes can become an effective tool for resolving conflicts in economic circulation. This institute operates in various foreign legal systems. It is assumed that in Russia it will develop. The bank mediation we are considering is a timely and worthy alternative in resolving disputes arising in the field of banking legal relations. In this paper, relations and disputes between banks and their customers - legal entities and individuals concluding loan agreements are examined. This area is very relevant, as one of the real sectors of the economy is involved here - small and medium-sized businesses and individuals, who make up the bulk of borrowers in the banking services market. An analysis of the literature data on the problems and research methods showed that the advantages of mediation are the speed of dispute resolution and the informal nature of its settlement. The question is posed: Who is best suited for the role of mediator in the banking sector? It is shown which risks are important to consider when introducing mediation in the banking sector. Explains why mediation is preferable to litigation. In mediation, work is underway with the emotions of a person, as well as at the level of understanding and adoption of agreed decisions by representations of the dispute by the parties themselves, partnerships and trusts are being established. In order for subjective prerequisites to be fulfilled regarding the implementation of mediation, it is important to increase the level of awareness of people with a banking profession about the possibilities of mediation as an effective tool for resolving disputes.

Advantages of mediation over the court-based litigation process

Advantages of mediation over the court-based litigation process

PECULIARITIES OF STEP-BY-STEP USE OF MEDIATION IN THE FIELD OF INTELLECTUAL PROPERTY: PERSPECTIVES FOR UKRAINE

The subject of the article is the study of the peculiarities of the peculiarities of step-by-step use of mediation in the field of intellectual property with the prospect of introduction in Ukraine. In this article singled out and analyzed the stages of mediation and peculiaritiesof their implementation. Mediation, as any process, has its stages, so we can distinguish the following: preparatory stage; the stage of familiarization with the dispute; stage of problem statement; the stage of solving the problem; the stage of conclusion of the agreement. In the first stage, the preparation for the process is being carried out, the parties and the mediator meet. In the second stage, the mediator establishes the contact between the parties. In the third stage, the parties determine and discuss the substance of the dispute and its causes. In the fourth stage, participants discuss possible options for resolving the conflict. The fifth stage is the final stage, and its main task is to conclude and sign an Agreement on Understanding. Mediation is based on such basic principles as: independence of the mediator, voluntariness to enter the process and equality of participants. Mediation as a way of resolving disputes out of court in Ukraine is not explicitly prohibited, this possibility is enshrinedin the Constitution of Ukraine (Art. 55). The main purpose of mediation is to achieve a mutually beneficial solution for the parties using a minimum amount of resources.The experience of foreign countries such as the US and the UK proves the effectiveness of mediation. Among the advantages of mediation are: cost-effectiveness, mediation does not require the payment of court fees and other costs; the parties make their own decision which is beneficial for both parties; Conflict resolution through mediation helps to maintain confidentiality, which is important in disputesthat could potentially damage the parties' business reputation (such as commercial disputes, intellectual property disputes). At the moment, the Institute of Mediation in Ukraine is in the stage of development, which is confirmed by the active scientific activityof Ukrainian scientists, who in their works emphasize the benefits of mediation and state the necessity of its establishment in Ukraine.

Mediacja cywilna w polskim i włoskim systemie prawnym – próba porównania. Analiza pomysłu wprowadzenia obligatoryjnej mediacji cywilnej w Polsce

The publication focuses on regulating civil mediation in Polish and Italian legal system. The aim of the work is to contrast the model of voluntary mediation in Poland with obligatory mediations introduced in Italy. The study also presents the advantages of mediation as the best method of dispute resolution. The study analyzes attempts to encourage parties to participate in mediations that have been applied in the Polish Code of Civil Procedure. In addition, the purpose of the article is to analyze the possibility of introducing mandatory civil mediations in Poland.

Principles of Judicial Conciliation, Mediation and Arbitration: Comparative Legal Aspects

The paper discusses the principles of judicial conciliation, mediation and arbitration in a comparative perspective. A special attention is paid to guarantees of their implementation. Examples of judicial practice that demonstrate the prevalence of violations of certain principles are considered. On the basis of a systemic analysis of legal provisions and a relevant draft law, regulations of Russian and foreign arbitration institutions, taking into account the views of prerevolutionary, Soviet and modern researchers, the authors formulate conclusions about the declarative nature of principles of judicial reconciliation and significant differences of this procedure from mediation. In judicial reconciliation, the autonomy of the will of the parties to a dispute may be limited by choosing the conciliator’s candidature, the active role of the conciliator. The authors argue in favor of using such a form of reconciliation, in which the conciliator may be the judge who is considering the specific case. The unconditional advantages of mediation as the only one of the considered dispute resolution methods, which is really characterized by confidentiality and co-operation of the parties, are noted. The authors reveal the issues of the adversarial principle and equality of the parties in arbitration, due to abuse of rights by the parties to the dispute. The study of characteristics of formation of individual principles in the Russian pre-revolutionary and Soviet legislation allowed to formulate conclusions about the possible development of provisions on the principles of cooperation and confidentiality, on the prospects for judicial reconciliation.

상사분쟁에서 KCAB 조정의 활용방안 - AAA와의 비교를 중심으로

Mediation is one of several alternatives to litigation or arbitration. It is the most informal of the alternatives and the only one that gives the parties control over the outcome. The mediator in mediation is there to help the parties persuade each other that it is in their best interests to settle. As several advantages of mediation, it is considered as the fastest way to resolve a dispute because procedures associated with litigation are not imported into the process. In mediation, the client’s resources are focused on resolving the dispute as opposed to building armaments of evidence to buttress legal and factual positions. The AAA commercial mediation rules and operations in the USA are very successful owing to professional training for mediators and simple procedures for mediation to the public. Comparison with USA mediation, KCAB mediation system has several weak points. KCAB mainly deals with administrative matters related to Foreign Trade Law. Therefore, it is necessary for KCAB to come up with more improved international commercial mediation. For example, mediation should be promoted to the public as who easily rely on litigation or arbitration. Second, Setting a rule for easy access to mediation is needed by bench marking AAA’s mediation guidelines and operations. Third, professional mediators should be developed by establishing relevant ADR course in law schools. This article investigated some differences of mediation system between KCAB in Korea and AAA in USA, and present some suggestions in order to promote International commercial mediation in KCAB.

Mediation as an Alternative Method of Dispute Resolution in Business

The article is devoted to the study of mediation as an alternative way to resolve pores in business. The principles and the advantages of mediation as well as the technological intermediaries in practice for the resolution of entrepreneurship and conflicts are analyzed.The authors have developed a model of mediation and proposed legal means that allow in practice to use mediation in the resolution of pores in business.