Form Of Conflict Resolution Research Articles

TRENDS IN THE DEVELOPMENT OF PREVENTIVE DIPLOMACY IN INTERNATIONAL RELATIONS

The methods for resolving and preventing political conflicts differ significantly from other forms of conflict resolution. When the territorial principle is prioritized over the specifics of the conflict in interpersonal disputes, applying this approach to political conflicts can lead to greater societal instability, victimization, and negative changes in relations between states. However, when the interests of social groups are aligned, political disputes can be more easily and amicably resolved. In such cases, the most effective approach is the use of preventive diplomacy at both the international and state levels.

Strategies to Increase Social Awareness as a Form of Conflict Resolution in the Kei Islands Community

Social awareness is a very important thing and must be possessed by the community in dealing with conflicts in society. The purpose of this study is to analyze the strategy of analyzing social awareness as a form of conflict resolution in the Kei community. Meanwhile, the method used in this study is qualitative with a phenomenological approach. Data were collected through observation and interviews. The data obtained was analyzed in three stages, namely reduction, data presentation and conclusion drawn. The results of the study show that strategies to increase social awareness as a form of conflict resolution in the Kei community include (a) Education in the family, (b) Promotion of Local Culture, (c) Women’s Empowerment, (d) Joint Activities. The findings can be used as a reference for stakeholders in designing programs and supporting social harmony and emphasizing the values of brotherhood, collective participation and effective communication in society.

Regionalisation under occupation: Western Saharan parliamentary elites and the Moroccan regionalisation strategy (2011–16)

ABSTRACT This article explores the role played by the Members of Parliament elected from the constituencies of Western Sahara in 2011 in the occupation strategies employed by the Moroccan state in this territory. The analysis begins at a time when territorial power was being redefined in Morocco, after the Moroccan proposal for an Advanced Autonomy Plan (2007) as a form of conflict resolution and the subsequent creation of institutions to address regionalisation (2010–11) and covers the entire parliamentary process. The paper examines three analytical dimensions – elections, political culture and parliamentary activity – in order to explain the development of identification processes.

Legitimacy of Community Justice. A Look From the Aymara Communities of Peru

Objective: The objective is to identify the designation of communal authorities in the form of election, its organizational structure, its attributions, roles, functions and legitimacy in the community. Finally, to explain the prevailing norms, forms of conflict resolution within the framework of the administration of communal justice, considering as a source the cultural patterns as a mechanism of access to justice. Results: The study is carried out in the district of Chucuito, Puno, Peru, where the ancestral social political organization persists and the administration of justice is based on its cultural practice, especially rooted in the ancestral historical legacy. In the article, an analysis is made regarding the scope and limitations of the administration of community justice. Method: The method used is ethnographic-qualitative. In the procedural aspect, it was carried out through the analysis of the Communal Minutes Book, where the cases dealt with in the communal assemblies are recorded. Observation guides and in-depth interviews were used as research instruments. The field work was carried out following a program of visits coordinated with the communal authorities for a period of one year. Conclusions: The ancestral practices of justice administration are in force in the Aymara communities practiced by the families of the community and authorities, mainly Lieutenant Governors, based on custom, ancestral traditions and the legitimacy attributed to them by the community population, and they seek to lay the foundations for the understanding and incorporation to the official state justice spheres.

Legal Research Concerning the Legal Status of Surat-Ijo Land Owned by the City Government of Surabaya

The emergence of the liberation movement for the residents of the Surat-Ijo land is a form of response to the phenomenon of injustice that has surrounded and shackled some of the people of the city of Surabaya which has been going on for a long time. The emergence of the liberation movement was encouraged and facilitated by a situation that upheld the spirit of openness and freedom of expression, namely the spirit of reform that arose in the post-New Order era. One (of the many) factors that gave rise to the liberation movement for the residents of Surat-Ijo land is the difference in understanding of the applicable laws and regulations, especially the regional land laws and regulations. This difference in views has led to different perceptions between the two parties regarding the status of state land rights that are occupied by residents. The form of conflict resolution regarding the Surat-Ijo land can occur when there is a unified understanding between the residents of the Surat-Ijo land and the City Government of Surabaya regarding land laws and regulations, both national and local. Efforts to resolve the conflict require a bold breakthrough, not just to be handled legally which only involves the two parties to the dispute, but requires the involvement of at least three ministries, namely the Ministry of Home Affairs, the Ministry of Agrarian Affairs and Spatial Planning, and the Ministry of Finance. The settlement of the Surat-Ijo land conflict must be encouraged by the spirit of upholding justice and prosperity for all Indonesian people as the goal of the proclaimed Unitary State of the Republic of Indonesia (NKRI) in 1945.

Peer Mediation as a Means of Eliminating Conflict in the School Environment

Aim. Peer mediation is a tool for the prevention of socio-pathological phenomena occurring in the school environment, is an opportunity to resolve conflicts through reconciliation. The paper focuses on the perception of the importance of peer mediation and on the presentation of the results of a questionnaire survey, the aim of which was to determine the respondents’ preferences after completion of the project process. Methods. The aim of the questionnaire survey was to determine how pupils and students perceive peer mediation. The survey sample consisted of selected pupils from 6 primary schools aged 10 to 15 years and students from 6 secondary schools aged 15 to 18 years. The questionnaire was completed at the beginning (year 2020 - N = 189, including 90 primary school pupils) and end of the project implementation (year 2021 - N = 124, including 56 primary school pupils). Results. The responses in the entry and exit questionnaires, the respondents declared after participating in the project process an increase in their experience with peer mediation, expressed an interest in becoming peer mediators and resolving personal and school conflicts through peer mediation. Conclusion. Peer mediation engages pupils in a common dialogue to resolve conflicts at school through reconciliation and is a suitable way to prevent undesirable social phenomena in the school environment. The results of the research showed that respondents preferred peer mediation and perceived it as an appropriate form of conflict resolution in the school environment.

NEGOSIASI DAN MANAJEMEN KONFLIK (STUDI KASUS MANAJEMEN KONFLIK PADA MITRA DRIVER GOJEK DENGAN PT. GOJEK INDONESIA

Labour is part of the company's responsibility for welfare in both social, political, cultural and economic aspects. In the working world, businessmen and workers are always in contact, both directly and indirectly. However, there is not uncommon difference of opinion between the two sides due to differences in intent and background. So, it is not uncommon for conflicts between the two, including at PT. Gojek Indonesia. PT Gojek Indonesia is an Indonesian technology company that serves the transportation sector through motorcycle taxi services. As a large company, PT. Gojek Indonesia has many employees and also has many partners who support this company. However, there are many conditions in the field that need to be improved in the management of PT. Gojek Indonesia. This writing itself is basically aimed at analysing conflict management carried out by PT. Gojek Indonesia in the conflict that occurred with the Gojek Driver Partners. To find data, authors use secondary data through literature studies both through journals, news, and so on as a source of data. In addition, the author found that PT. Gojek Indonesia was able to handle this conflict well which was proven through a solution or middle ground that was carried out as a form of conflict resolution.

Уголовно-процессуальная форма как форма разрешения социальных конфликтов

The purpose of the research is an attempt to prove the independence of criminal procedure law in relation to criminal law. However, in the course of research, the authors were confronted with the fact that the traditional approach based on legal positivism does not allow one to distinguish other criminal procedural law, except for criminal law. However, a similar understanding of law and process does not allow to reveal their ability to resolve conflicts. In this regard, in the study, the authors turned to the methodology developed by modern hermeneutics, using the communicative theory of law as the main method for studying criminal procedure law, where law acts as a means of interaction between people, which sets the boundaries for such interaction, which made it possible to look at the criminal process as a way communications. In the process of such communication, conflicts arising in society that are basically criminal in nature are resolved. In the field of criminal proceedings, this allowed to say, if the case concerns a criminal law conflict, then we should not talk about the emergence of criminal law relations. Based on that, the authors conclude that the criminal procedure law is independent. This follows, first of all, from the fact that the process does not boil down to the application of criminal law, but performs the function of resolving conflicts and can well do without applying a specific norm of the Criminal Code of the Russian Federation, for example, in case of reconciliation of the parties (Article 25 of the Code of Criminal Procedure of the Russian Federation) or in connection with compensation for damage (Article 28.1 of the Code of Criminal Procedure). The authors conclude that criminal law is the legal means of institutionalizing possible social conflicts, and the criminal process is a form of resolution. Thus, the fact of committing a crime is losing its significance; instead, the conflict that has come to the fore is highlighted. Moreover, the process serves only as a form of conflict resolution, which translates it into a legal channel. Without criminal law, procedural procedures lose all meaning, which, however, does not put the process in a subordinate position with respect to law. Based on the functional load of law as a form of resolving social conflicts, the authors conclude that the process is functionally designed to resolve them. At the same time, the application of the criminal law norm as a result of procedural activity loses all meaning. Instead, the fact of resolving the conflict, which may occur, for example, in reconciliation of the parties, is of importance. Thus, the criminal procedure form is functionally designed to resolve criminal law conflicts arising in society.

Pravovoe regulirovanie deyatel'nosti shkol'nyh sluzhb mediacii v cifrovoj srede: kontekst Arktiki i Krajnego Severa

The need for the introduction and development of online mediation as a means of socialization and the formation of a safe educational space is dictated by the expansion of opportunities to reduce the conflictogenicity of society through the active use of remote technologies in the Far North and the Arctic. The article is aimed at studying the problems of implementing the online mediation procedure, taking into account the peculiarities of the Arctic and northern territories, adapting the functioning of school mediation services to a remote format and fixing a new form of conflict resolution at the local regulatory level. On the basis of monitoring and comparative analysis of Russian and foreign practices, regulatory legal acts, the peculiarities of the procedure, strengths and weaknesses of the legislative regulation of the activities of the SSM in the conditions of ecological and climatic factors of the territories under consideration are revealed.

Половое и сексуальное образование как мера индивидуальной профилактики сексуальных преступлений среди несовершеннолетних

Illiteracy in interpersonal sex relations, as well as in matters of sex communications, contributes to the development of tolerance of Russian society to sexual violence, a decrease in the age of persons committing sex crimes, a steady increase of violent crime rates (crimes against sexual freedom as well as statutory crimes), and other illegal acts of sexual nature. The mass media offers veiled propaganda of same-sex marriage, impunity, and promiscuity. Violence is increasingly used as a form of conflict resolution. The lack of skills and abilities to identify fake information on the Internet and the media by the rising generation leads to brainwashing, destructive types of interpersonal relationships between minors, the perception of violence as a normal way of life in society, and deformation of sexual relations among young people. The state of health of adolescents is also of concern, as the number of crimes committed by minors under the influence of alcohol or drugs has increased. Among other unsettling trends, in recent years, the number of minors and young adults infected by sexually transmitted diseases has increased as well. Despite the fact that the number of abortions among adolescents has decreased, only in 2020, about 630 thousand abortions were performed on women of reproductive age – that number on average corresponds to the population of Ulyanovsk. The primary cause of the current state of affairs is the lack of appropriate sexual education among minors and young adults, as well as a lack of spiritual and moral guidance.

VALUE COMPONENT OF THE DIALOGICAL APPROACH IN INTERNATIONAL RELATIONS

In the modern, globalised world, international relations have expanded from traditional issues of war and peace, which were dealt with by heads of state and career diplomats mainly on a bilateral basis, to include economic, environmental, humanitarian, cultural, educational, scientific, religious relations with the establishment of international organisations that act as platforms for coordinating the interests of different countries. The development of production, education, science, and environmental problems increase the importance of international relations, given the interdependence of countries, the impossibility of development without broad international cooperation, which requires a high level of tolerance and humanisation of relations. The purpose of this study was to investigate the features of modern international relations, changes in their guidelines towards broad cooperation between countries, peaceful resolution of conflicts and disputes, which mainstreams the search for tools most suitable in this regard. In the course of the study, the following methods of scientific cognition were used: comparative historical method, generalisation method, idealisation method, and the method of systematic approach. The study defined dialogue as a universal way of communication between subjects of international relations, the role of which in modern international relations has considerably increased. The study noted that in modern dialogue, the role of personal, cultural, and other features of its participants increases. Since it is dialogue in its various forms and manifestations that constitutes a universal form of coordination of the interests of subjects of different countries, and its spheres and range of subjects have substantially expanded, the development of purposeful forms of dialogue will contribute to the search for effective regulatory, institutional, communicative, and other forms of conflict resolution and coordination of interests aimed at developing international cooperation.

VALUE COMPONENT OF THE DIALOGICAL APPROACH IN INTERNATIONAL RELATIONS

In the modern, globalised world, international relations have expanded from traditional issues of war and peace, which were dealt with by heads of state and career diplomats mainly on a bilateral basis, to include economic, environmental, humanitarian, cultural, educational, scientific, religious relations with the establishment of international organisations that act as platforms for coordinating the interests of different countries. The development of production, education, science, and environmental problems increase the importance of international relations, given the interdependence of countries, the impossibility of development without broad international cooperation, which requires a high level of tolerance and humanisation of relations. The purpose of this study was to investigate the features of modern international relations, changes in their guidelines towards broad cooperation between countries, peaceful resolution of conflicts and disputes, which mainstreams the search for tools most suitable in this regard. In the course of the study, the following methods of scientific cognition were used: comparative historical method, generalisation method, idealisation method, and the method of systematic approach. The study defined dialogue as a universal way of communication between subjects of international relations, the role of which in modern international relations has considerably increased. The study noted that in modern dialogue, the role of personal, cultural, and other features of its participants increases. Since it is dialogue in its various forms and manifestations that constitutes a universal form of coordination of the interests of subjects of different countries, and its spheres and range of subjects have substantially expanded, the development of purposeful forms of dialogue will contribute to the search for effective regulatory, institutional, communicative, and other forms of conflict resolution and coordination of interests aimed at developing international cooperation.

ОБЩЕСТВЕННЫЙ КОМПРОМИСС В ВИКТОРИАНСКОЙ АНГЛИИ В ИССЛЕДОВАТЕЛЬСКОМ ПОЛЕ НОВОЙ СОЦИАЛЬНОЙ ИСТОРИИ

This article is devoted to the methodology for studying the practice of social compromise in Victorian society in the context of the evolution of the modern scientific paradigm and the transformation of the space of scientific search. The current scientific focus of the new social history puts sociocultural practices at the center of its concern. From a methodological perspective, the latter are implicitly governed by the inherent principle of interdisciplinarity, as shown here using the example of the social processes in Victorian England. The practice of social consensus, which has been shaped through the research process, is helpful to consider, using the sociocultural approach, the social and cultural components of the evolution of Victorian society. The results obtained demonstrate that a complex of economic, political, and social practices developed during the period under study, and it significantly changed the sociocultural landscape of public relations in England. The formation of these practices was influenced by the following features characteristic of Victorian society: consistent electoral reforms, the legalization of trade unions, the spread of cooperatives, the democratization of government institutions, the emigration of low-skilled workers, the formation of a new social ideology, and the increase in the educational level of workers. As a form of conflict resolution, the consensus was reached through the prism of combining cultural norms and values of the polar strata of society, where the expanding middle class acted as a stabilizer of the common worldview space. The English social compromise was formed under the conditions of both industrial and imperial successes, made it possible to overcome the socioeconomic crisis, and laid the foundations of the modern European political strategy for pre-empting possible causes of conflict. The most important finding of this investigation is that the constructed research model of social compromise can be expanded by complicating the subject of research and by restructuring epistemologically the historian’s tools while using the multidimensionality of the transdisciplinary approach and further pushing the boundaries of research.

‘In the hope to have judged a good sentence as merchants’

Summary Arbitration is a form of conflict resolution that was popular in commercial disputes in medieval times. Its informal nature and ability to mediate the shortcomings of the formal courts have made it the supreme example of merchants solving their own disputes. However, there has been relatively little inquiry into its actual practice. This article investigates the functions and practice of arbitration in medieval Bruges, where arbitration was frequently used as a form of conflict resolution. This was not because merchants preferred extra-judicial proceedings, but because arbitration was a necessary procedure to deal with the shortcomings of the judicial framework of the aldermen of Bruges. Arbitration was exercised as a specific consequence of the context in which Bruges found itself in the second half of the fifteenth century. This context, however, also undermined the procedure. The ambivalent attitude of the Bruges aldermen towards arbitration and its impossibility to appeal allowed some undertaking merchants to use the procedure to their own benefit, and not necessarily to the benefit of commerce.

Multiparty Mediation as Solution for Urban Conflicts: A Case Analysis from Brazil

Social conflicts are becoming more complex every day and, therefore, the development of alternative forms of conflict resolution is necessary in view of the limited role of the Judiciary. With this, mediation gains more space in Brazil and in the world through the 2019 Singapore Convention on Mediation. Mediation is beneficial in the urban context to stimulate the population’s participation and guarantee legitimacy at different levels of power. It enables public and private convergences, better public interest comprehension about the best way of life in cities and enhanced democratic management due to better dialogue and cooperation with the public administration. Mediation focuses on the interventions’ reasons, the role of those involved in the process, welcoming the urban conflict with its peculiarities. It promotes the constitutional principles of democracy, pacification, solidarity, dignity, autonomy of will, speed and popular participation in the administration of Justice. However, in urban conflicts, which involve public administration and a multiplicity of parts, it is often necessary to apply collective or multiparty mediation. Thus, the article’s main objective is to address the effectiveness of multiparty mediation as a solution to urban conflicts through the analysis of 5 (five) concrete cases mediated at the Judicial Dispute Resolution Centers – CEJUSC of the Rio Grande State Court of Justice of the South in Brazil. In the first step, a theoretical-descriptive analysis of multiparty mediation in Brazil and the mediator’s role is carried out. In a second step, we will perform the analysis of practical cases to reach the appropriate conclusions.

ПРИЧИНЫ ВОЗРОЖДЕНИЯ АРБИТРАЖЕЙ, В ТОМ ЧИСЛЕ СПОРТИВНЫХ, ИНЫХ ФОРМ АРС

The reasons for the revival of arbitration, including sports and other forms of alternative dispute resolution (ADR) are identified and considered. The authors analyze the essence definition of judicial proceedings, the judicial process and its changes in the historical aspect on the example of civil and arbitral proceedings. The notion of adversarial legal procedure that has been forming for almost a century in the Soviet and post-Soviet space, not only in legislation, but also in people’s legal consciousness is considered. The reasons for which modern states of different legal systems “remembered” about arbitration and arbitration courts, alternative forms of conflict resolution, the simplified and reduced (abbreviated) forms of proceedings (writ, absentee) are systematized. New ideas are highlighted in the sphere of mediation, in electronic forms of dispute resolution and settlement taking into account modern features of development of social relations. In the light of modern global expansion of spheres of social relations, where legal form of rights protection has become possible, attention is paid to the sphere of physical culture and sports and to the problem of consideration and solution of sports disputes. Attention is paid to specialized arbitrations: sports, banking, investment and others. The authors express their opinion about the modern understanding of arbitration. The article tells about the formation of the institute of mediation in the Russian Federation and the Republic of Belarus and gives a comparative characteristic of mediation and other forms of dispute resolution.

Arbitragem trabalhista na visão econômica do Direito

The article will analyze the labor arbitration institute, from an economic point of view, in relation to the employer, employee and the society itself – art 507-A of the CLT. Aiming for the social growth for all, the rules must bring benefits to the community and be written in a clear and objective way to enable the understanding so that the population fulfills its legal rights and obligations. If a conflict arises, it can use one of the appropriate forms of conflict resolution – conciliation, mediation and arbitration – in order to minimize transaction costs. It is faster, less costly and more informal in relation to the Judiciary system. Economically, the standard in question presents favorable and unfavorable, but more advantageous for the parties involved.

Cultural Heritage Across European Borders

Does cultural heritage create either bridges of engagement or walls of division within and beyond Europe? To capture these diverse interpretations, we provide some initial discussion on the concept of heritage and how this relates to identity, memory and the past. In order to introduce the various studies that comprise the forum, we identify a series of collective themes explored by our contributors. These are: the use of heritage sites and practices as a means of exploring questions of European unity; the idea of a decolonizing heritage alongside the reframing of contested transcultural encounters; and finally, the potential for heritage as a form of conflict resolution.

Exploitation of Lagoon Water Bodies and Conflicts of Use: the Case of The Lagoons of Grand-Lahou (Cote D’ivoire)

Demographic pressure, the reduction of arable land and the instability of income generated by export crops have forced the people of Grand-Lahou to show more interest in fishing activities. Thus, the exploitation of water bodies is an important strategic and economic issue for the neighbouring populations. However, in recent years, this exploitation of aquatic resources has led to conflicts between operators. The aim of this article is to analyse the procedures for resolving these conflicts and to assess their effectiveness. The methodological approach has integrated field observations and analyses carried out on the basis of information collected through interviews with stakeholders. The results reveal various forms of conflict resolution with relative levels of effectiveness. This situation is a hindrance to the efficient use of Ivorian aquatic areas. It is therefore desirable for the State to play its role by proposing more effective ways of managing these conflicts.
 

Runggu or local wisdom-based conflict resolution: The role of the Pengituai Kuta

Conflict resolution is needed by society, especially in Indonesia, which has a diverse culture; it is inherent in the culture. Conflict resolution based on local wisdom is needed to create peace in society because it always strives to produce decisions that are win-win solutions. This research examines the importance and role of local wisdom as a form of conflict resolution in society and examines the role of the Pengituai Kuta in Pakpak culture as a conflict resolution method. This research is qualitative research with a case study approach conducted in Matanari Hamlet, Ujung Teran Village, Dairi Regency, North Sumatra. The data collection techniques used were semi-structured interviews, observation, and literature study. The subject of information in this study consisted of three people, namely one member of Pengituai Kuta Matanari (JM) and the Head of Matanari Hamlet (PP), and Cultural Practitioner or Humanist Pakpak (LB). According to Miles and Huberman’s model, the data is processed, which includes the collection, reduction, presentation, and conclusion. This finding shows that the Pengituai Kuta has an essential and influential role in resolving horizontal conflicts in Matanari Hamlet. The local wisdom of the Indonesian people already has conflict resolution systems and methods. In Pakpak culture, Pengituai Kuta refers to representatives of community leaders who are considered experienced and exemplary. Every conflict is resolved by deliberation-consensus (runggu) in an open, egalitarian, and full of brotherhood.