Conflict Resolution Procedures Research Articles

ORGANISATION AND ALLOCATION OF TURNS AT THE OPUTA PANEL SESSIONS

This study investigates the turn-taking sequence, organisation of turns and the question patterns adopted during the examination of witnesses at the Oputa Panel sessions. The study employs purposive procedure in the selection of five questioning sessions as available on the YouTube. The data is transcribed and analysed using the linguistic approach of discourse analysis. In the findings, the counsel and the witness situate their talks firmly in the legal field with adherence to the turn-taking rules, explicit through yes/no responses, providing explanation to information seeking questions and also through the way the lawyers structure their questions to reveal narratives that shed light on the petition. The study notes that all activities and accomplishments at the Panel are carried out through the singular act of questioning. In order to prevent the language of conflict resolution procedures from seeming to alienate certain parties, particularly lay litigants, the study suggested the creation of a system for resolving disputes that is not closely tied to the usage of a particular linguistic form. Future efforts should focus on integrating additional language theories, such as psycholinguistics and critical discourse analysis.

Conflict Resolution in the Nigerian Oil and Gas Construction Industry

Purpose: The high incidence of conflicts within this sector has significant ramifications, such as project delays, exceeding budgeted costs, and project abandonment (Oyewunmi et al., 2018). Cultural and linguistic disparities, inadequate communication, and competing interests among stakeholders are some of the causes of these conflicts. These conflicts are made worse by the intricate contractual arrangements, weak conflict resolution procedures, and weak regulatory frameworks that characterize the sector. Even though Nigeria's economy greatly benefits from the oil and gas sector, the frequency of conflicts impedes the sector's expansion and stability. Materials and Methodology: The methodology adopted is by secondary data which entails the examination of pre-existing data from many sources, including academic journals, industry reports, and government papers. The quality of the secondary data used in these studies depended on the reliability and validity of the sources, the methodology used in data collection, and the rigor of the analysis. Findings: The ecological consequences of oil production are a significant cause for conflict in the Nigerian Oil and Gas Construction sector. It is critical for all parties involved to collaborate to reduce this impact and ensure the industry's long-term viability. Regional interests frequently influence the oil sector, particularly in areas with abundant oil resources. These interests may occasionally result in confrontations with other parties. Implications to Theory, Practice and Policy: The research recommends that fairness and equity should be the watchword in distribution of the gains and pains of the economy so that no regions of the country will feel cheated. There should be transparent allocation of proceeds. The active participation of young individuals in the Niger Delta region in the formulation of policies that will directly impact their welfare is crucial and should be adopted.

Nusyuz dalam Hukum Islam: Aspek Hukum dan Dampaknya Pada Hubungan Suami-Istri

This study analyzes the concept of nusyuz in Islamic law, focusing on the legal aspects, rights, and obligations as well as its impact on husband-wife relationships in Muslim societies. Nusyuz, which refers to the defiance of one of the parties in a marriage - either the husband or the wife - has significant implications for marital dynamics. This research discusses the Islamic legal provisions governing nusyuz, including its definition, causes, as well as the conflict resolution procedures stipulated by sharia. In addition, it explores the rights and obligations of husbands and wives in situations of nusyuz, as well as the impact this has on their relationship, both legally and emotionally. Based on a literature review and analysis of Islamic jurisprudence, this study found that Islamic law provides clear guidelines in dealing with nusyuz cases, with the aim of maintaining a balance of rights and obligations between husband and wife, as well as minimizing the negative impact on household harmony. However, in its application, there are various challenges, especially related to the interpretation and enforcement of the law which may differ in various Muslim societies. This research suggests a more adaptive and contextual approach in addressing nusyuz, to ensure that solutions are taken in accordance with the principles of justice and family welfare. Thus, it is hoped that this research can contribute to a deeper understanding of nusyuz and its implications in Islamic marital law.

Pre-trial procedures in disputes on the protection of intellectual rights

Pre-trial conflict resolution procedures do not cease to be in demand, and the development of their legal regulation does not lose its relevance. Disputes on protecting intellectual rights are no exception, and most countries have established special pre-trial procedures. However, specific difficulties emerge when applying the legal norms related to pre-trial conflict resolution procedures in disputes on the protection of intellectual rights, which can be clearly demonstrated while studying the Russian experience using the mentioned pre-trial procedures. The paper aims to analyze and define the peculiarities of pre-trial procedures in disputes on protecting intellectual rights in Russia. Using systemic approach, as well as comparative legal and formal legal analysis allowed author to define the peculiarities of pre-trial procedures in disputes on the protection of intellectual rights in the Russian Federation: special requirement on the mandatory pre-trial claim procedure is a departure from the general approach, according to which such procedure is required for disputes arising from transactions or unjust enrichment, and is probably due to the complexity of these disputes; in the administrative pre-trial procedure of dispute examination in the Chamber of Patent Disputes the parties have a wide enough set of procedural rights and opportunities, and the procedure is quite close to the judicial procedure, and in some respects even exceeds it.

ANALISA HUKUM ATAS KEPEMILIKAN SAH BAGI HAK CIPTA LAGU ATAU MUSIK (PERATURAN NOMOR 56 TAHUN 2021)

The uncertainty of legal regulations concerning the economic entitlements of songwriters or musicians and related rights in asserting royalties can arise due to the failure to register the data of songwriters or musicians along with their related rights in the Song and Music Information System (SILM) and the Directorate General of Intellectual Property (DJKI) database. In an attempt to offer legal safeguard for copyright or related rights in the music industry that are not registered in SILM, this study seeks to examine the legal consequences of such situations and the patterns of dispute resolution. Through observation of the research object and the degree of its application in practice, empirical sociology is the applied method used to evaluate the efficiency of legal tools in complying with prevailing regulations. Findings indicate that in cases of music compositions or songs not included in SILM, users are willing to pay royalties in exchange for not releasing new recordings, and that to achieve mutually beneficial agreements, conflict resolution procedures typically require mediation through PPNS before resorting to litigation.

Assessment of Dispute Resolution Methods in Building Construction Industry in Ogun State.

Construction is a vital sector fostering economic expansion and development in Ogun State, Nigeria. However, conflicts and disagreements are a natural part of the intricate dynamics of construction projects, and the success of dispute resolution techniques has a big impact on project outcomes. This study investigates the frequency and characteristics of construction conflicts in Ogun State through a combination of literature review and stakeholder focus group discussions. The underlying causes of disagreements, covering problems with contracts, designs, delays, disagreements over payments, and issues with quality was dealt with. The study also looks at how accessible, understandable, and well-known various dispute resolution techniques are among those involved in the construction business, such as owners, consultants, and contractors. The study’s findings provide important new information about the dispute-resolution practices in Ogun State’s building construction sector. This research helps to establish methods for enhancing conflict resolution procedures by identifying obstacles and best practices, creating a more favourable climate for successful and long-lasting construction projects. This information is crucial for stakeholders, decision-makers, and practitioners because it can improve project delivery, lower project risks, and foster peaceful relationships within the construction industry.

Role of Traditional Leaders in Zimbabwe in Consolidating Peace

The study endeavours to examine the role of chiefs, headmen, and Sabhuku in managing political conflict for national peacebuilding in Zimbabwe. Traditionally, conflicts were resolved by a council of chiefs, Sabhuku, and headmen. Chiefs, Headmen, and Sabhuku have long been active in mediation by balancing the process of mediation and tribal disputes, and in some cases have led in restoring peace and reconciliation endeavors. Traditional leaders have historically played significant roles in Zimbabwean society and their involvement in consolidating peace has been crucial. Traditional leaders in African indigenous tribes especially in Zimbabwe have been involved in dispute resolution for many decades. However, compared to work in the field of formal conflict resolution, their contributions to conflict resolution have not been as well documented. Data was collected through semi-structured interviews. 20 key informants were purposefully sampled using a qualitative approach. A case study approach was employed with the use of interviews. Secondary data sources and desk reviews were also used in the study in order to supplement primary data from interviews. The qualitative method of data analysis called the thematic approach was used in this research. The findings also suggest that traditional leaders settled the majority of the issues by sitting down with the opposing parties and conversing with them to find a resolution to the conflicts. The study's findings indicate traditional leaders' impact on political conflict resolution and peacebuilding procedures. The majority of the participants in this study had experience with local conflicts and have understanding of traditional practices. The study concludes that Chiefs, Headmans, and Sabhukus shape the processes of political conflict resolution and peacebuilding in Zimbabwe.

Peer relationships: school mediation benefits for sustainable peace

ABSTRACT School mediation is a peacekeeping, conflict-resolution procedure. Evaluating mediation processes allows us to assess their effects through their participants. This systematic review of studies of school mediation aims to study what evidence exist on its educational benefits for teacher mediators, student mediators, and mediated students. The Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) method was followed to ensure the transparency and reproducibility of the results. In total, 524 were initially identified, of which 141 were retained after screening. Of these, 32 studies were published from 2000 to 2020. The studies were analyzed according to their statistical design. In addition, their results were summarized along the following dimensions: interpersonal emotional, personal emotional, cognitive-moral, and social impact. School mediation has a personal impact that increases the likelihood of acting constructively and positively when facing conflicts.

British Balochistan: A Study of the Role and Impact of Judicial Commissioners under Colonial Rule

This paper presents a historical analysis of the judicial mechanism in British Balochistan, with a specific focus on the role of judicial commissioners. The paper argues that the role of judicial commissioners in Balochistan was central to the functioning of the judicial system and that their decisions had a significant impact on the lives of the local population. The paper also highlights some of the key challenges that the judicial system faced, such as linguistic and cultural barriers, and the tension between customary and colonial law. The Khanate of Kalat had a wide range of conflict resolution procedures, which reflected the region's complex legal and cultural environment. These systems, which were created to guarantee that disputes were settled fairly and justly, were frequently adapted to certain types of disputes. Overall, the paper contributes to our understanding of the history of Balochistan and the role of the British colonial authorities in shaping its legal system.

A STUDY OF SOCIAL MEDIA’S ROLE IN INFLUENCING ANGER EXPRESSION AND MANAGEMENT AMONG YOUNG PEOPLE

The focus of this paper is on the impact that social media platforms have had on how young people in Nigeria express and control their anger. This article discussed the cultural viewpoints, traditional methods, and one-of-a-kind issues that Nigerian teenagers confront when it comes to expressing and regulating their anger in online spaces. The discussion also dived into the subject of the exaggeration of feelings, as well as cyberbullying, echo chambers, and the effect that locally tailored Nigerian social media platforms have on the dynamics of fury. In addition to this, it explored how cultural subtleties and socioeconomic considerations play a role in the expression and control of anger, as well as the capacity of conventional conflict resolution procedures to deal with rage expressed on social media. This discussion underlined the necessity of encouraging digital literacy, emotional intelligence, empathy, and courteous online interactions among younger generations in Nigeria. It highlighted the need of developing tactics that equip users with the ability to navigate social media responsibly and participate in constructive discussion. It is recommended that to address these challenges, Nigeria has to build a social media environment that is healthier and which encourages empathy, understanding, and constructive dialogue among its younger population.

SETTLEMENT OF CASES AND DISPUTES IN CIVIL LAW AND PROCEEDINGS IN KAZAKHSTAN (ACHIEVEMENTS, PROBLEMS AND PROSPECTS)

The article describes the history of the emergence, formation and development of peaceful settlement of cases and disputes in civil law and judicial proceedings of the Republic of Kazakhstan. The achievements of the Republic of Kazakhstan in the settlement of cases and disputes through conciliation procedures were noted, promising directions for strengthening peace and harmony in the country were revealed, problematic issues facing civil law and judicial proceedings were indicated. The authors found that the settlement of cases and disputes by peaceful means is consistent with the conceptual ideas of the development of the national legal system. Based on this study, it has been revealed that the existing set of ways to settle cases and disputes, known as the alternative dispute resolution system, has gone through several stages of development. The historical and legal analysis allowed the authors to determine the trend of development and improvement of the national legal system towards simplification of legal proceedings and humanization of legislation. Along with this, to determine that today the peaceful resolution of cases and disputes, on the one hand, is the main factor in reducing the level of conflict in the country and the judicial burden, and on the other hand, an indicator of increasing the level of legal culture of the Kazakh population and its confidence in the judiciary. The authors show the socio-legal significance for civil law and judicial proceedings in Kazakhstan of informal and flexible conflict resolution procedures forming the institution of restorative justice, which arose as an alternative to punitive justice. In the course of the research, concepts and categories developed by civil law and judicial proceedings, normative legal acts regulating the procedure for settling cases and disputes, conceptual and strategic documents defining the development and improvement of the national legal system, statistical data of courts on conducting conciliation procedures were used.

Principals’ Perceived Effect of Conflict Resolution Procedures on Teachers' Job Satisfaction

The study aimed to investigate the impact of conflict resolution procedures on teachers' job satisfaction in Government Technical Colleges in Kano State, Nigeria. The population of the study was 367 respondents, including 15 principals and 352 technical teachers. A sample size of 201 respondents was determined using the correlational research design. The instrument used for data collection was a structured questionnaire titled "Principal’s Conflict Resolution Procedure Appraisal Questionnaire (PCRPAQ)." The questionnaire was validated by three experts, and the reliability index obtained using Cronbach Alpha was 0.82. The research questions were answered using the mean and standard deviation, and regression analysis was used to test the null hypotheses at a 0.05 level of significance. The findings of the study revealed that arbitration conflict management strategy and effective communication conflict management strategy had a moderate influence on teachers' job satisfaction. Based on the findings, the study recommends that civil societies should enlighten school administrators, teachers, and teachers' unions about the need to adopt the arbitration conflict management strategy, as the constitution provides for all labor-related cases to be handled at the arbitration court.

THE FORMATION OF THE E-ARBITRATION AGREEMENT IN THE DIGITAL WORLD

To start with, the Internet and information technology have a practical influence on conflict resolution procedures: papers are instantly transferred to arbitrators at a low cost, and parties avoid paying travel expenditures. Electronic papers provide substantial benefits to arbitrators, particularly when the parties' submissions are voluminous, because they may do a keyword search without having to study the full file. Furthermore, arbitrators are already making extensive use of modern technologies. Aside from the regular usage of information technology (IT) equipment, the Internet has had a significant influence on dispute resolution methods. Although conventional alternative dispute resolution depended on interviews and meetings between plaintiffs and the arbitrator or mediator, the Internet increasingly facilitates distant conflict settlement.

A genetic algorithm for heterogeneous high-speed railway timetabling with dense traffic: The train-sequence matrix encoding scheme

Recently, the continued growth of passenger demand for high-speed railways and expectations for varied types of train services have posed a great need for designing a railway timetable suitable for dense and heterogeneous train traffic, where train overtaking is necessary for proper capacity utilization. This study develops an efficient genetic algorithm that considers train orders in all sections to better depict train overtaking and impose specific operational rules essential in this context. Train-sequence matrix is chosen as the chromosome encoding, based on which the “exchange + regeneration” matrix crossover operator is innovatively designed that considers the heterogeneity among trains and improves the feasibility of the crossover, which previous one-sequence crossover operators cannot realize. An overtaking-oriented local search heuristic is inserted in the algorithm to facilitate the local improvement. To guarantee the feasibility of the final solution, a conflict resolution procedure with conflict impact area identification is introduced. Tests of the algorithm on several small- and medium-sized cases reveal that it can reach relatively good solutions within a short time. Finally, the algorithm is tested on Beijing-Shanghai high-speed railway corridor in China and presents good performance both in efficiency and quality.

Algunas Reflexiones Acerca de la “Mediación” en el Sector Financiero y Bancario. Especial Referencia a la Ley 7/2017 y el Anteproyecto de Ley de Medidas de Eficiencia Procesal del Servicio Público de Justicia de 2020

El presente artículo centra su principal hipótesis de estudio en la denominada “mediación en el sector financiero y bancario”, como manifestación sectorial y especializada de la mediación de consumo. Para alcanzar este fin el método utilizado se ha centrado en el análisis doctrinal y jurisprudencial sobre la materia, con especial referencia al tratamiento de los procedimientos extrajudiciales de resolución de conflictos en la Ley 7/2017 y el Anteproyecto de Ley de Medidas de Eficiencia Procesal del Servicio Público de Justicia (2020), así como a su particular aplicación en el ámbito de los créditos hipotecarios. Entre los resultados alcanzados, puede anticiparse que la utilización de la mediación en este ámbito puede ser útil para la protección de los consumidores si bien existen aspectos de la regulación actual como de la propuesta por el anteproyecto que deben ser objeto de una necesaria concreción jurisprudencial.

“Shovel-Ready”

“Shovel-Ready”

Mediation in criminal proceedings

Іn the article the author investigates the institute of mediation, which acquires its development not only in civil and commercial proceedings, but also in criminal proceedings and is a manifestation of the concept of restorative justice. As a confirmation of the relevance of the research topic, judicial statistics of consideration of materials of criminal proceedings on the basis of agreements by courts of first instance are given, which confirms the necessity and importance of such a legal institution.The norms of international normative legal acts, where the institute of mediation was embodied, are analyzed. Also are considered the main provisions on the application of agreements in the criminal procedure legislation of Ukraine. It was stated that mediation is possible within the framework of the conciliation agreement.The opinion is expressed that the application of the relevant legal institution in criminal proceedings will facilitate the adoption of a special law «Mediation» and analyzed the lawmaking in this area. The next step could be amending the criminal procedure legislation of Ukraine. Number of issues need to be clarified, including: what will be the status of a mediator in criminal proceedings (his rights and responsibilities, guarantees of independence, etc.); what is the procedural order of mediation; what is the procedural form of completion of the mediation procedure and some others.Particular attention is paid to the definition of a person who can be a mediator and his legal status in criminal proceedings. The positions of scientists who believe that mediators can be prosecutors, lawyers and psychologists are considered. The opinion was expressed regarding the acquisition of special education by such a person and the acquisition of relevant knowledge and skills.It is concluded that the punitive-repressive approach to counteracting the commission of crimes is not effective enough, so it is necessary to introduce mechanisms of alternative conflict resolution procedures, in particular, medi-ation. At the same time, implementation of mediation requires further scientific reflection and discussion, as well as the political will of the legislator to adopt the relevant law and amend the criminal procedure legislation.

The two sides of the coin: joint project leader interaction in university‐industry collaboration projects

This article focuses on how academic and industrial leaders view central aspects of the initiation, collaboration process, and the outcomes in government‐funded R&D projects. In much previous work on university‐industry collaborations (UICs), universities or researchers and/or firms have been studied without any direct reference to the other party, thus neglecting the fact that the motivations, perceptions, and actions involved in UICs are two‐sided at least. In contrast, this study builds on interviews with academic‐industry project leader pairs to identify how both sides perceive the initiation, interaction, conditions, and outcomes of the collaborative project. While there is unexpected overlap in both parties’ perceptions of goals and utilities of the collaboration, there is also a clear tendency for academics to stress the less tangible or distant factors (e.g., ‘a culture’, ‘priorities’, or general university support), while industry actors emphasize more tangible operative factors (e.g., collaborative networks, timing issues, having project owners and conflict resolution procedures). This might illustrate different cultural or professional mores as well as different notions of what types of efficiencies to seek collaborative R&D in general.

МЕДИАЦИЯ КАК АЛЬТЕРНАТИВНЫЙ СПОСОБ УРЕГУЛИРОВАНИЯ СЕМЕЙНЫХ СПОРОВ В РОССИЙСКОЙ ФЕДЕРАЦИИ

The article examines the specific goals and objectives of family mediation, the characte-ristics of the status and work of the mediator and the characteristics of the procedure of recon-ciliation of the parties to the family legal conflicts, touches on the problems of legislation and practice of mediation in the consideration of family legal conflicts. The article substantiates the need to distinguish mediation in disputes arising from family legal relations as a separate type of conflict resolution procedures with the participation of a mediator. Modern formation and development of civil society in conditions of democracy reveals more and more interest of participants of legal relations in independent settlement of disputable situations. With the adoption of Federal Law No. 193-FZ of 27.07.2010 "On alternative dis-pute resolution procedure with the participation of a mediator (mediation procedure)" media-tion is increasingly being used as one of the most efficient non-jurisdictional means of dispute resolution. The article substantiates the need to distinguish mediation in disputes arising from family legal relations as a separate type of conflict resolution procedure with the participation of a mediator. The methodology of the study is based on the formal-legal method, which is used in the study of the legal institution of mediation. In addition, as part of the study of the fre-quency and nature of the use of mediation procedures for the resolution of disputes referred to the court, the statistical method was used. The paper examines the legislation on mediation of the Russian Federation, identifies some problems of law enforcement, and proposes possible ways to solve them. The article proposes to eliminate legislative contradictions regarding the possibility of recourse to court with an agreement on mediation, to indicate in the Federal Law "On Mediation" the existence of a mediation agreement is not a condition but a basis for mediation, as well as to legislate the possibility of mediation by telecommunication.

Criminal Liability in Conflictological Discourse

The paper deals with the history of criminal law and criminal liability in conflictological discourse. On the basis of ideas of legal pluralism, the authors investigate the transformation of the criminal and legal mechanism of conflict resolution from ancient times to the present. They study the customs of exile, blood vengeance, blood reconciliation, as well as a number of other customs of Amazonia and North America. The paper explains that such customs remain until now due to the expressed compensatory character and evaluates the origins of ritualization of conflict resolution procedures in ancient society. The authors examine the circumstances of the disappearance of the victim concept from repentant law, as well as the borrowing of the religious concept of responsibility not before the victim, but before the suzerain by secular law.The authors note that many generations of lawyers have formed their professional consciousness under the influence of an indispensable formal cliché: for the committed crime the perpetrator must be held criminally liable not before the injured person, but before the State that is not in the least at times guilty of failing to provide the victim with a safe life. Few doubted that the postulate given is the only one true. This example of survivability of ancient criminal law customs demonstrates the interest of society in alternative ways of solving criminal law disputes. The authors conclude that legal pluralism is natural for the area of criminal law due to the expressed compensatory tendency in the society’s perception of criminal liability. The penetration of compensatory elements into modern criminal law is assessed as a positive and only possible trend of further criminal law development.