Community Mediation Research Articles

Creating an Innovative Community for the Sustainable Self-reliant Debt Management and Community Mediation by Enhancing the Legal Skills of the Tha Fa Tai Community Leaders and Elders Through Active Learnings Methods

Creating an Innovative Community for the Sustainable Self-reliant Debt Management and Community Mediation by Enhancing the Legal Skills of the Tha Fa Tai Community Leaders and Elders Through Active Learnings Methods

Barriers and Facilitators to Implementing Restorative Justice in Nebraska

ABSTRACTAlthough the codification of restorative justice processes has increased in the United States, the implementation of these processes has been limited and piecemeal. This article considers barriers and facilitators of implementing restorative justice programs in the context of juvenile justice, from the perspective of individuals tasked with implementation in Nebraska—a state with a robust community mediation system providing restorative justice processes. We interviewed 11 persons currently or formerly employed by community mediation centers in Nebraska in positions coordinating restorative justice programs. Interviewees represented all six Nebraska mediation centers. Using thematic analysis, we identified themes for both barriers and facilitators for implementing restorative justice programs throughout the state. The barriers to implementing restorative justice reflected six distinct, but sometimes overlapping, themes: awareness of restorative justice; attitudes about restorative justice; lack of necessary resources; process issues; lack of trust in “the system” or centers; and policy barriers. The analysis also identified eight distinct themes associated with facilitators of restorative justice: support from a “champion”; outreach efforts; trust and relationship building; demonstrating that restorative justice is effective; collaboration; maintaining necessary funding; local community‐driven implementation; and state government‐driven implementation. We consider the implications of these findings for the implementation of restorative justice processes in Nebraska and beyond.

The Development of Clinical Sociology in Malaysia

This article discusses the significant contributions made by Wan Halim Othman in the advancement of clinical sociology in Malaysia. Wan Halim, introduced as the progenitor of Clinical Sociology in Malaysia, has played a pivotal role in social issue management and his unique approaches have had a lasting social impact in the country. This article starts with the backdrop of the country and the main figure - Wan Halim Othman, and then discusses the various innovative and impactful initiatives that he has spearheaded using the clinical sociology approach. Programmes such as PINTAS and the social clinic exemplify the profound capacity of clinical sociology to address intricate societal issues. Wan Halim has effectively empowered marginalized communities and promoted social cohesion by implementing new strategies, like community mediation and support groups specifically designed for single moms. Though clinical sociology is gaining traction in Malaysia, much needed to be done to further recognize and institutionalize this discipline. Among the proposed next steps include the formalization of clinical sociology by implementing comprehensive curricula, hands-on training, and professional certification. The author emphasizes the significance of fostering collaboration among academia, government, and civil society in order to establish clinical sociology as an institutionalized field and effectively tackle urgent societal issues.

Customary Mediation Practices: Practical Experiences from Indonesia

The current view of society no longer sees that the court is the only dispute resolution institution. The existence of court institutions has been indicated by various cases of corruption, collusion, and nepotism, better known as KKN. This is given that many products of court decisions deviate from the principles of justice, are quick and inexpensive. In this context, an alternative dispute resolution model is needed in the customary law community that is more efficient, fair and accommodating in order to maintain the continuity and sustainability of the life of the customary law community, which is more humane and equitable. The tradition of dispute resolution in customary law communities is based on the value of the philosophy of togetherness (communal), sacrifice, supernatural values, and Justice. In customary law Community, common interest is a philosophy of life that permeates every member of the indigenous community. The practice of customary mediation in this paper in practice, the karo people of North Sumatra and papu is a form of local wisdom in resolving disputes or conflicts in Customary Law communities with a community mediation approach where in Community Mediation, leaders (customary leaders) have an important role and must have skills in resolving disputes using customary rules contained in Indigenous communities. The purpose of adat mediation practices in Indonesia is the existence of community adat mediation to maintain the balance and harmony of Indigenous Peoples by prioritizing deliberation rather than dispute resolution through legal channels.

Community Health workers United to Reduce Colorectal cancer and cardiovascular disease among people at Higher risk (CHURCH): study protocol for a randomized controlled trial

BackgroundColorectal cancer (CRC) is the second most lethal cancer in the United States (U.S.) with the highest incidence and mortality rates among African Americans (AAs) compared to other racial groups. Despite these disparities, AAs are the least likely to undergo CRC screening, have precancerous colorectal polyps removed, and have CRC detected at stages early enough for curative excision. In addition, compelling evidence links inflammatory dietary patterns to increased CRC and cardiovascular disease risk. Studies show that AA churches can successfully engage in health promotion activities including those related to cancer control. The current study seeks to leverage church-placed Community Health Workers (CHWs) to increase CRC screening and reduce CRC risk.Design and methodsWe aim to (1) increase guideline concordant CRC screening uptake using church-placed CHWs trained in screening with a validated instrument, Brief Intervention using Motivational Interviewing, and Referral to Treatment (SBIRT); and (2) reduce dietary risk factors (inflammatory dietary patterns) linked to CRC. The latter will be addressed by culturally adapting an existing, web-based lifestyle program called Alive!. Using a Hybrid Type 1 Implementation-Effectiveness cluster randomized design, we will randomize 22 AA churches into either the dual intervention arm (CHW-led SBIRT intervention plus Alive!) or a usual care arm comprised of CRC prevention educational pamphlets and a list of CRC screening sites. We will recruit 440 subjects and evaluate the effects of both arms on screening uptake (colonoscopy, fecal DNA) (primary outcome) and dietary inflammation score (secondary outcome) at 6-month follow-up, and Life Simple7 (LS7)—a cardiovascular disease (CVD) risk score—at 6 months and 1 year (secondary outcome). Finally, guided by a racism-conscious adaptation of the Consolidated Framework for Implementation Research (CFIR), we will conduct a mixed-methods process evaluation with key stakeholders to understand multi-level influences on CRC screening and CVD risk behaviors.DiscussionChurch-placed CHWs are trusted influential connectors between communities and health systems. Studies have shown that these CHWs can successfully implement health prevention protocols in churches, including those related to cancer control, making them potentially important community mediators of CRC screening uptake and CRC/CVD risk reduction.Trial registrationNCT05174286; clinicaltrials.gov; August 31st, 2023

Mediation for Misdemeanor Assault

ABSTRACT Crime reduction strategies over the past 30 years have greatly expanded the criminalization of a wide variety of minor offenses, especially in communities of color, even as violence continues to damage individuals, families, and communities. Solutions that reduce both violence and over-criminalization are urgently needed. Community-based mediation for diversion of misdemeanor assault cases has been practiced since the 1970s, but little is known about its ability to prevent further violence between participants or reduce assault recidivism. From a state judiciary’s quasi-experimental longitudinal comparison group study of criminal court mediation recidivism, assault cases (n = 162) were isolated and analyzed using bivariate tests and logistic regression with inverse proportion of treatment weighting. Misdemeanor assault cases handled with community-based mediation had a small and statistically non-significant association with return to court at 6 months versus cases handled with usual court processes. Had assaults between couples been excluded, recidivism for mediation cases would have been one-third the rate of those treated as usual. Mediation centers and local prosecutors’ offices could improve screening for intimate partner violence and divert more cases earlier via police and court commissioners. Research with a dependent variable of self-reported violence would be best suited to understanding the ability of community mediation to meet its founding mission of community-created peace.

Community Mediators in South Sudan: Empirical Legitimacy and Post-conflict Rule of Law Building

Community Mediators in South Sudan: Empirical Legitimacy and Post-conflict Rule of Law Building

The family law detection of overall risk screen (FL‐DOORS): Utility as a repeated measure for assessing change in family violence risk over time

AbstractConflicted parental separation is associated with risks to safety and wellbeing for all family members. The Family Law DOORS (FL‐DOORS; Detection of Overall Risk Screen) is a standardized screening framework to assist identification, evaluation, and response to family safety risks. The FL‐DOORS has previously been validated in two large Australian samples (N = 6089) and found fit‐for‐purpose as an indicator of family violence and wellbeing risks in separated families. Now, using pilot data from a community mediation context, we examine its utility as a repeated measure for detecting change in safety and wellbeing over time. A pilot cohort of 67 parents engaged in a mediation service for parenting and/or property disputes completed the FL‐DOORS at intake (T1) and approximately 8 weeks later (T2). We assessed T1‐T2 change scores and correlations in change between variables and used MANOVA to determine if clusters of related scales discriminated change across time. Findings support the psychometric capacity of the FL‐DOORS for use as a repeated measure in risk monitoring. We also note possible effects of this early screening process for reducing risk prior to engagement in mediation input. We discuss implementation utility for family law services to monitor change in risk type and magnitude over time.

Can early caucus improve a community mediation model? Counteracting stressors prior to joint session

AbstractThis investigation tests whether adding an early caucus (EC) before joint session is beneficial or detrimental to the mediation process. Parties and mediators were asked open‐ended questions about the use of EC to evaluate its benefits and costs. Party and mediator responses were overwhelmingly positive. In addition, there was no evidence of potential costs of EC, increasing mediator bias or impinging on time for joint session. Most responses showed that EC helped foster a sense of control, set a calm tone, and build rapport, counteracting the typical stressors in a joint session that can hamper settlement. EC also improved the process for the mediator, providing crucial information on what to expect in joint session, time to plan for emotional joint sessions, and an early opportunity to build rapport prior to the joint session. When surveyed 5 years later, mediators had sustained their positive views about EC. To supplement these findings in a wider range of cases, the parties' evaluations of the entire mediation session were also studied, comparing previous cases without an EC, to cases with EC and other types of Prior Meetings (IPVA Screens and both EC and IPVA Screens). Prior Meetings did not degrade perception of the mediation. In fact, Prior Meetings increased parties' perceptions that mediators understood and respected them and tended to increase perceptions that the mediator clearly explained what would happen and gave everyone a chance to talk about what was important. The EC experience can be generalized to other types of meetings with the mediator prior to joint session. This empirical study has implications for the current discussions about use of pre‐mediation sessions and concerns about declining use of joint session.

Knowledge, Attitude and Practice of Community Mediators in Malaysia

Family and neighbourhood issues are distinctly sensitive and emotional. They might also not be suitable to be settled using the existing courtroom device in the form of adjudication. It has been acknowledged that procedures in court have failed to address the emotional state of the disputants. The alternative way to resolve the dispute is by using mediation. A study was conducted among 217 community mediators selected to determine their knowledge, attitude and practice of community mediation. A self-administered questionnaire was used to gather the research data. The results revealed that the majority of the respondents (97.7%, n = 212) know that mediation is used to resolve community disputes. All respondents agreed that mediation helps in alleviating disputes in the community. The majority of the respondents (92.2%, n = 200) agreed that mediation is an important source of information and help for the community. The majority of the respondents (99.5%, n = 216) agreed that cooperation between mediators and members of the community is very important in reducing domestic disputes and gaps in the community. The study also found that a little over half of the respondents have a low attitude (51.2%, n = 111) on community mediation. Furthermore, listening to both disputants was the most (87.1%, n = 189) practiced technique used by the respondents in dispute resolution. The study concluded that the respondents have good knowledge of community mediation, a low regard for community mediation, and practise various techniques in resolving the disputes. Most of the respondents have fewer than 10 years of experience as a community mediator. Thus, it is understandable why they do not yet have a high attitude towards community mediation.

Prescribing the resolution of conflict in general practice

Local community mediation organisations can provide support for individuals experiencing conflict. Victoria Harris explains how they can help

Football Fandom as a Platform for Digital Health Promotion and Behaviour Change: A Mobile App Case Study.

Background: The last decade has seen a dramatic shift toward the study of fitness surveillance, thanks in part to the emergence of mobile health (mHealth) apps that allow users to track their health through a variety of data-driven insights. This study examines the adoption trends and community mediation of the mobile fitness application ‘FanFit’, a platform aimed at promoting physical activity among sports fans by creating a fitness app branded to their favourite team for health promotion. Objective: Our study looked at the impact of a specially designed mobile app (FanFit) as a digital health intervention for initiating and maintaining physical activity as part of football club membership. Our analysis indicates that app users will adopt healthier behaviours as a result of the app’s sense of fan community and behaviour change. Methods: The findings reported here are based on an implementation of the FanFit app and, in particular, on those who participated in a more in-depth study (n = 30). These participants were Rangers FC supporters with a mix of genders (n = 19 males and n = 11 females). Focus groups and interviews were conducted with participants to ascertain users’ perspectives on the most effective methods for nudging users toward adopting and maintaining a pattern of fitness behaviours. Results: The findings show that the user community was interested in fitness and wanted to live a ‘healthy lifestyle,’ which was augmented and fuelled by the app’s competitive architecture design. Furthermore, the data reveal a new fan-health discourse about a person’s developing wants, talents, and identities as embodied beings. Conclusions: We have developed and presented valid links between the use of sports club apps and health programmes. The app could be useful for sports programmes and club providers looking for mHealth applications that provide community support through fan discourse with opportunities for both male and female fans.

Mediacja w świetle kultury prawnej – rozwiązywanie konfliktów społecznych we wspólnotach dotkniętych pandemią COVID-19 w prowincji Małe Wyspy Sundajskie Zachodnie w Indonezji

This study aims to describe the urgency of the existence of community mediation-based legal culture as an alternative dispute resolution during the COVID-19 pandemic in West Nusa Tenggara Province, Indonesia. This study employed a non-doctrinal paradigm with a descriptive study. It uses case and legislation approaches based on a series of observations, interviews, and literature studies to be analyzed qualitatively. The results of this research finding are a component to understand one of the concepts offered related to the use of culture-based community mediation as a fast and simple alternative dispute resolution. The institutionalized community mediation at Mediation Institution has culture-based management procedures that serve as a means of resolving conflicts. It aims to create a safe, orderly, and peaceful life based on the legal values of the local community that are rooted in their beliefs (religion), customs, and social culture.

Mediation in criminal misdemeanor cases

Objective: to fill a research gap by examining the shortand long-term impact of community mediation in criminal misdemeanor cases within the context of potentially ongoing relationships.Methods: dialectical approach to cognition of social phenomena, using the general scientific and specific scientific methods of cognition, based on it, including telephone polling and studying cases data.Results: Diversion of criminal misdemeanors to mediation by district attorneys has been practiced since the 1970s, but research on its impact on critical outcomes like recidivism is scant and outdated. This quasi-experimental study compares 78 mediated cases from a county that diverts cases to mediation with 128 cases in a similar neighboring county that does not, using phone surveys and case review to ask whether recidivism in mediated cases differs from cases prosecuted or treated as usual over the subsequent year. Controlling for case factors and attitudes toward conflict, a case that is not mediated was five times more likely to result in judicial action, five times more likely to result in jury trial demand, and ten times more likely to result in supervised probation or jail time, and mediated cases were almost five times less likely to return to criminal court in the subsequent year than those that were not mediated.Scientific novelty: Preliminary analysis of case characteristics revealed that cases in the mediation and comparison group had the following characteristics: defendants had no prior felony convictions, did not have multiple misdemeanor charges, and had no outstanding warrants. Charges involving any type of weapon, drugs, or violence more serious than second degree assault had been excluded from the comparison group since they are usually excluded from diversion to mediation.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering the issues related to mediation in criminal misdemeanor cases.The article was first published in English language by Criminology, Criminal Justice, Law & Society and The Western Society of Criminology Hosting by Scholastica. For more information please contact: CCJLS@WesternCriminology.org.For original publication: Charkoudian, L., Walter, J., Harmon-Darrow, C., Bernstein, J. (2021). Mediation in Criminal MisdemeanorCases. Criminology, Criminal Justice, Law & Society, 22 (3), 14–29.Publication URL: https://ccjls.scholasticahq.com/article/30144-mediation-in-criminal-misdemeanor-cases

COVID-19 innovative mobile strategy of test and care among homeless people in Marseille

Homeless people are particularly at risk of becoming infected with COVID-19 because their precarious living conditions make prevention measure difficult. We describe an innovative approach with the aim of implementing testing and monitoring adapted to the needs of the homeless people of Marseille (inhabitants of slums, squats or those living on the street). The intervention included 1) the coordination of 18support organizations for homeless people, 2) the training and the provision of rapid serological and antigenic tests, 3) a mobile outreach team with community mediators in order to provide tests, including COVID-19 PCR on point of care, prevention and monitoring of positive cases. Acceptability of the intervention by participants, field organization was good. The lack of adapted places of accommodation was an important restricting factor for optimal care and support. The emergence of COVID-19 has highlighted discontinuities in health care among homeless people. Specific mobile outreach teams could limit the impact on this high-risk population.

Affordability, Accessibility and Reliability – The Community Mediation Model of Singapore

Affordability, Accessibility and Reliability – The Community Mediation Model of Singapore

Utilizing the Institutional Arbitration and Community Mediation Model of Singapore, South Korea, Malaysia and Philippines for Bangladesh

Utilizing the Institutional Arbitration and Community Mediation Model of Singapore, South Korea, Malaysia and Philippines for Bangladesh

The effect of community mediations in the practice through an analysis of two municipal case studies

This study presents the continuously spreading municipal mediation in Hungary through two community mediations as good practice. It analyses theoretical and practical course of proceedings in community decision-making processes. It presents each practical phase of community mediations, analysing the practical effects of them. It compares them with other forms of decision-making, highlighting clear advantages of community mediation both for the leadership and the given community. Through presenting the process of two case studies, two model projects are analysed in details from the perspective of the municipal decision-making organs, civil organisations and the local population. In both presented cases different problems of the community are solved through the same process protocol.

Vital minimums: El Salvador between youth and old age.

Through the concept of the “vital minimum”—the notion of basic life rights and living standards for all Salvadorans articulated by the early twentieth-century Salvadoran essayist Alberto Masferrer—this essay demonstrates the importance of older adult sociality and old age return as a prism through which to understand contemporary El Salvador. Examining retiree objectives and everyday practices among older Salvadorans in a transnational frame, the article links Masferrer’s vitalist thinking to mounting concerns of older adult dignity and the coming general crisis of care as the Salvadoran population uptrends toward older age. The article suggests the need to take stock, politically and analytically, of the social worlds shaped and bolstered by older adults, underscoring their roles as economic supports, community mediators, and caregivers, which make possible the social reproduction of community itself.

The Interim Evaluation of Training Processes: The Case of the Second Level Professional Master’s Program in Family and Community Mediation

This contribution illustrates the training evaluation system developed within the Master’s Program in Family and Community Mediation at Università Cattolica del Sacro Cuore in Milan. This is an interim evaluation which focuses on the training process and which considers the collaboration with the subjects of the training to be fundamental. The peculiarity of this work concerns the possibility of inserting research within the training process, following a logic of mutual enrichment both in terms of content and learning. The contribution illustrates in detail the outcome and the process evaluation system, defining the perspective, the objectives, and the methodology of implementation. In particular, the outcome evaluation focuses on the distal and proximal outcomes of the training, while the process analysis focuses on the dynamics within the group of participants. Preliminary findings from 33 participants highlighted that the majority of participants (19) have a “regular” profile, that is, they appreciate both the theoretical contents, as well as the practical activities proposed during the training program. As for the process, the findings showed the importance of reflexivity as a major factor of change. Although these findings are referred to the specific experience of a particular group, and so further evaluations involving different training groups and other training processes are needed, this training evaluation system sheds light on both the topic and the context in which training is delivered. The integration between different points of view and several levels of analysis allows the researchers to deepen the individual path of each participant as well as to obtain feedbacks on the progress of the training group as a whole and allows participants to better understand their contexts of work thanks to the use of reflexivity. This can guarantee a sustainable growth both at individual and interpersonal level.