Conflict Resolution Mediation Research Articles

"MILLIY QONUN HUJJATLARIDA MEDIATSIYA INSTITUTINING UMUMIY TAVSIFI HAMDA USHBU SOHA DOIRASIDA ANIQLANGAN MUAMMOLAR "

"his article covers a general description of the institution of mediation in our national legislation and the problems identified in this field. In which countries the mediation institute was first formed and how this institute developed, as well as analyses of the role of this institute in resolving disputes, are presented. In the next part of the article, the entry of the “Mediation” institute into the legislation of Uzbekistan and the chronology of the adopted normative legal documents are analyzed. And how the use of mediation in conflict resolution had a positive effect on the development of civil society in Uzbekistan. This article presents the views and analyses of national and European jurists regarding the institution of mediation. The article also mentions other methods of alternative dispute resolution. In the process of researching this topic, further development and improvement of the institution of mediation at the stage of execution of court documents A number of proposals and recommendations have been developed, taking into account the research and proposals of several legal scholars. "

SOCIAL AND PSYCHOLOGICAL COMPONENT IN THE TRAINING OF SOCIAL WORKERS

30–35% of the competencies of higher education students (defined by the standard for specialty 231 «Social work») can be formed in the process of studying social and psychological educational disciplines. Therefore, the article analyzes the educational and professional programs of eleven Ukrainian institutions of higher education, which provide training in the specialty 231 «Social work». The purpose of the study was: 1) to analyze the weight of social-psychological competences in the standard of higher education of specialty 231; 2) to analyze the socio-psychological educational offers of institutions of higher education in the specialty «Social work»; 3) to propose the structure of educational disciplines of social and psychological topics for this specialty. It was found that Ukrainian institutions of higher education do not have a single strategy regarding the location of social-psychological training courses for the training of specialists in the «Social Work» specialty. The number of social and psychological disciplines ranges from 6 to 12 (for the «bachelor» educational level). We offered socio-psychological educational disciplines, adhering to the principles of systematicity and sequence of the educational process. Future social workers are offered to study «Fundamentals of personality psychology, age and differential psychology» and «Social psychology in social work» in the 1st year. In the second year – «Psychodiagnostics», «Game and artistic methods of social work», «Social prevention of deviant behavior», «Family psychology». In the third year – «Child and gerontological psychology», «Communication training», «Management psychology», «Mediation in conflict resolution». In the fourth year – «Intercultural communication and social work with migrants», «Criminal psychology, penitentiary and post-penitentiary social work», «Psychology of social work with deviant behavior of children and adolescents». For the master's degree, we suggest mastering the issues of «Organizational Psychology», «Psychology of Creativity», and «Social and Psychological Work in the Community».

Historical aspect of international mediation and current trends in its development

The article «Historical aspect of international mediation and modern trends of its development» explores the evolution and role of international mediation throughout history and analyzes the current trends of its development in the modern world. The article examines the role of mediation in conflict resolution in different eras, starting from ancient civilizations to the present. Particular attention is paid to key stages in the development of international mediation, such as the Renaissance, the 19th and 20th centuries, and modernity, with a focus on the influence of international organizations and technological innovations. Current trends are also analyzed, including the expansion of actors, the use of modern technology, the increasing role of regional organizations, and cultural sensitivity. The article emphasizes that contemporary international mediation is becoming a more complex and multidimensional phenomenon, playing an important role in conflict resolution and maintaining stability on the world stage.
 The article considers international mediation as one of the alternative ways of resolving legal conflicts. The historical aspect of the emergence of international mediation is analyzed, the main trends of its development are highlighted.
 The historical aspect of the development of international mediation and modern trends of its development reflect significant progress in the field of international conflict resolution. Since ancient times, people and groups have sought to use mediation to resolve disputes and prevent wars. In the modern world, international mediation has become an increasingly recognized and effective tool for conflict resolution and peacekeeping.
 Current trends in the institution of international mediation encompass a number of important aspects that reflect changes in world politics, technological advances, and cultural preferences.
 Here are the key ones:
 S As the role of various regional players, such as regional organizations, has strengthened, their influence on international mediation has grown. They are becoming important mediators of conflicts in their regions and can play a crucial role in maintaining stability.
 S Information and communication technologies are opening up new avenues for mediation, including virtual platforms and cyber-mediation. They facilitate the exchange of information and enable remote interaction between parties to a conflict.
 S In addition to States and international organizations, non-governmental organizations, academic institutions and private companies are increasingly involved in international mediation. Their expertise and neutrality can make a significant contribution to conflict resolution.
 S Modern mediators are increasingly paying attention to the cultural, religious and social dimensions of conflicts. Understanding local customs and values can contribute to effective mediation.
 S Mediation is increasingly linked to economic motives and measures to stimulate peace and cooperation. Economic support can be a means of encouraging constructive solutions.
 S An important aspect of current trends is the development of standards and ethics for mediators. Professionally trained and competent mediators contribute to successful conflict resolution.
 S Modern mediation increasingly focuses on conflict prevention and avoidance, as well as on rapid response to initial tensions.
 У Media and public opinion play an important role in creating an atmosphere of trust and support for successful mediation. Modern mediators are increasingly engaging with the public and using media platforms for communication and influence.
 The combination of these trends points to the evolution of the institution of international mediation towards a more flexible, integrated and adaptive system that can better meet the challenges of contemporary international conflicts.
 Current trends in the development of the institution of international mediation include the growing interest in the use of mediation in international disputes, the establishment of specialized international mediation centers and the development of professional standards for international mediators.

The Relevance of the Role of Mediation in the Resolution of Political Conflicts in Kazakhstan

This article discusses the relevance of using mediation in resolving political conflicts in Kazakhstan. The current state of mediation in the country is analyzed, taking into account the positive international experience, and the problems and prospects for its development are highlighted. Mediation can be an effective alternative to traditional legal and political processes in resolving conflicts and promoting peaceful coexistence. The main postulates of the article include an overview of the concept and principles of mediation, a discussion of the legal foundations of mediation in Kazakhstan, as well as an analysis of the practical application of mediation in conflict resolution, taking into account international experience. In conclusion, the article emphasizes the need for wider promotion and development of mediation as an effective tool for resolving political conflicts in Kazakhstan.

TRANSFORMASI KONFLIK DENGAN PENDEKATAN MEDIASI PADA KONFLIK BUTON

Horizontal conflict in the form of ethnicity and religion still occurs today as inter-ethnict conflict between Gunung Jaya and Sampoabalo villages. In addition to the litigation process, non-litigation steps such as mediation in conflict resolution can play an important role. This study aims to describe how the process of conflict transformation with the mediation approach to conflict that occurs in the Buton district. This study uses a descriptive qualitative method through literature studies and observations on the events of Buton and its historical social conflicts. The result of the study illustrates that conflict transformation with a mediation approach is a very effective solution to the conflicts that occur in Buton between Gunung Jaya and Sampoabalo villages by looking at the initial process to the end of conflict resolution efforts. The mediation steps in Buton conflict resolution efforts include are the Introductions stage, storytelling stage, problem solving stage and agreement stage.

Increasing Role of Mediation in Conflict Resolution in the Family

Conflict-related and disputable situations have been present in our lives since ancient times, when people have become aware of the need to protect their rights and interests, sometimes at odds with the aspirations of others. The conflict that emerges between people disturbs their relationships and poses a threat to the proper functioning of people, bringing with them negative emotions. However, it can be an opportunity for development, be treated as a change in interpersonal relationships and can ultimately produce positive effects. Mediation offers a possibility of converting the negative aspects of the conflict into constructive solutions. Being voluntary, confidential, non-formal, out-of-court proceedings, it enables the parties to come to an agreement, offering them the opportunity to actively participate in shaping the legal and social situation and exercising their rights and interests in the spirit of consensus. In the mediation process, the parties use the support of a professional, impartial, neutral mediator. The authors of the article promote the idea of mediation with full conviction that it is a valuable and effective way for conflicted parties and third parties and their relatives to reach a consensus on various issues, including family matters.

MAGKIPARAT: A CULTURAL PRACTICE OF PEACE-MAKING, HEALING AND CONFLICT RESOLUTION AMONG THE SAMA’ OF TAWI-TAWI

This study explores the usefulness of magkiparat as the traditional customary practice (addat) of arbitration and mediation in conflict resolution among the Sama Community. The study discusses a unique way of settling disputes between the members of the same family or residents in the same community. It seeks to answer the following questions: What is Magkiparat from the perspective of the Sama’ of Tawi-Tawi? What are its political and socio-cultural implications? This cultural practice is a way of settling petty cases among family members or village residents who will come together to resolve their differences. Disputes are an integral part of man’s existence and commonly occur even among the Sama’ communities in Tawi-Tawi. Disputes arise as a result of differences in opinion, family issues, economic or religious reasons, and other issues. Conflict among the Sama’ of Tawi-Tawi is viewed not as an individual personal case but as a family and community affair. These conflicts result in strained relationships and some cases if unresolved, can lead to the loss of lives and property. Therefore, a dispute settlement mechanism is needed that provides practical options in terms of amicable resolutions. This process is facilitated and arbitrated by a third party who may not necessarily be related by blood or affinity to any of the persons or groups in a dispute, but who has the influence and enjoys the trust and confidence of the individuals in conflict. It is not mandatory for all members of the family to observe the magkiparat. Sometimes this ceremony occurs at the volition of family members or at the instance of a third party to convince both sides (mag-isun-isun) to settle their misunderstanding peacefully. In the observance of the magkiparat, God’s mercy and blessings by an imam (Muslim cleric) are sought to heal the wounds and completely reconcile the parties concerned. In the Muslim community, petty cases may be resolved at the level of the local officials. Magkiparat is exactly the opposite of this. It involves a religious rite or duwa’a offered by an imam or religious leader, which binds the members of the family to respect its observance. Such activity represents a model of cultural value. It needs to be explored and made as a mainstream pattern of behaviour for contending parties to iron out their differences. Keywords: Magkiparat, arbitration and mediation, peace-making, customary laws, addat, duwa’a, model cultural values, justice and reconciliation, alternative disputes resolution

Conditions for Successful Multiparty Mediation in Separatist Armed Conflicts: A Fuzzy-Set Analysis

Contemporary international mediation is often multiparty and involves a number of states and multilateral organisations. What are the conditions that account for successful multiparty mediation in conflict resolution? To address this question, I use qualitative comparative analysis (fsQCA) and focus on individual dimensions of mediation, namely internal cohesion of the mediating coalition, the use of reward and coercive power, and the presence of a ‘mutually hurting stalemate’ (MHS). I posit that the presence of a cohesive mediating coalition is a necessary condition for conflict resolution, whereas the provision of security guarantees, the imposition of sanctions and the presence of an MHS play a causal role in conflict resolution only in conjunction with other conditions. I test these conditions using a fuzzy-set approach and data from 20 mediated agreements over separatist conflicts in the post-cold war era. Empirical findings provide support for some of these propositions and challenge relevant theories of international mediation. More specifically, this research shows that a high convergence of interests among mediators is the only necessary – albeit not sufficient condition – for conflict resolution. Second, the analysis highlights the presence of two main sufficient paths for mediation success.

Conflict Resolution Mechanisms for International Finance A Modern Innovative Approach to Sustainable Business Practices at Reduced Financial Cost

The Equator Principles (EP) are considered the ‘gold standard’ in managing environmental, social and governance (ESG) risks that occur in the context of Project Finance (PF), Foreign Direct Investment (FDI), Public Private Partnerships (PPPs), and Structured Export Finance (SEF). The EP integrate environmental and social due diligence, review of management systems and governance review, stakeholder engagement, and project level grievance mechanisms to decrease and mitigate social and environmental risks, impacts and conflicts and make finance more resilient. Reducing risk and ensuring better governance, both by extra-financial due diligence using a multi-stakeholder approach and directly integrating process-oriented conflict resolution mechanisms (CRMs) into the financing lifecycle, gathers increasing interest both in academia and among financial practitioners. Conflict resolution mechanisms (CRM), conflict analysis tools and mediation and how they contribute to conflict resolution is a nascent field of research and a nascent business practice. The interest in conflict resolution mechanisms is driven by a shared understanding that an effective CRM needs a constructive negotiation climate, a certain degree of trust between the affected communities and other stakeholders, overcoming a variety of country-specific systems issues, a multi-disciplinary approach to conflict mediation, and the courage to address cultural diversity in conflict patterns. Creating a CRM that is globally applicable, fair, accessible, and allows for conflict resolution along the entire lifecycle of the financed project, is highly desirable as it would offer a palatable solution to conflict situations that currently undermine FDI and create considerable social costs and hardship for the affected communities in locations alongside financial losses where sensitive investments take place. This article asks whether it is reasonable to keep financial institutions away from dispute resolution or whether their participation could have beneficial effects, such as avoiding conflict, de-risking assets, avoiding reputational risk as well as real financial and social costs, and creating better relationships with the affected communities. Existing mechanisms used by various financial institutions are evaluated and the London 2012 Olympic Games Complaint and Dispute Resolution Mechanism (CDRM) is used as a blueprint for a workable private sector CRM for private banks and the Equator Principles Financial Institutions (EPFI) Association. Finally, the article will explore some potential benefits and opportunities, as well as risks and downsides, in using cooperative methods and mediation in conflict resolution.

MEDIATION AT SCHOOL: INSIGHT IN METHODOLOGICAL SOLUTION OF TEACHERS' PRACTICAL EDUCATIONAL SEMINAR

The proposed paper is the final paper in the authors' series on the use of mediation in conflict resolution. The authors have developed the content and methodology of the educational practical seminar „Mediation at School” and approbated it by training social educators at Rezekne Academy of Technologies in 2015. The material can be used for the promotion of mediation as a tool for effective conflict resolution at school and the improvement of professional competence of specialists working in adult education.

AN ECONOMIC APPROACH TO THE THEORY OF MEDIATION Effective mediation for a conflict resolution with incomplete information: Biased or Unbiased?

Many papers studying mediation in conflict resolution focuses on mediator characteristics as unbiased vs. biased. Some emphasize the necessity of unbiasedness, while others argue that only biased mediators can play an effective role. The opposite views in the literature stems from the nature of conflicts in question and the differences in the (un)biasedness definition. This paper investigates the need for a mediator and the role of mediator characteristics by employing the tools of game theory in a framework where the strategic interaction of two disputing parties have an impact on different issues at stake which involve conflicting or common interests. The dispute arises due to each party’s incomplete information about the levels of importance privately attributed to these issues by the other. A better-informed mediator can reveal this information to enhance the chances of cooperation through costless communication, which is modeled by a cheap talk game. Our analysis suggests that for the mediator to be truthful and credible in equilibrium, she should (i) care about the outcome of the interaction, (ii) not prefer one outcome to the other by a large margin, (iii) be unbiased in the sense that she prefers mutual disagreement to the one where one side abuses the other. We also find that (un)biasedness does not matter when the mediator imposes costly carrot-stick strategies such as sanctions or incentives. We probe the plausibility of the hypotheses generated by the model with conflict resolution cases.

Mediation’s role solving conflicts in corrupted judiciary systems

Mediation in conflict resolution constitutes a new trend in restorative justice. Mediator’s procedures are “sanctioned” since Antiquity and later in the years 1999, 2003 and 2011. However, only after the first licensing of mediators and the Creation of National Chamber of Mediators in Albania we can seriously talk about the beginnings of the institutionalization of mediation. Why Albanian State and USAID and JUST program are investing in mediation conflict-resolutions? The main reason is because Albanian Judiciary System is estimated, perceived as extremely corrupted. Mediation is extremely important in corrupted judiciary systems as arrives to resolve conflicts satisfactorily for conflicting parties, it takes less time and less financial costs. It looks like mediation solving conflicts gives to the conflicting parties what the corruption denies. This paper will analyze the role of mediators in the resolution of conflicts, the need to bring qualitative changes in the practices of conflict resolution, the big challenge of establishing trust and everything connected with a biased process. The paper will be described by some questions and above all the question mark is if it possible to extend the mediation procedures in all conflict resolution? What is public impact of mediation? Is it possible to have corrupted mediation as corrupted as judiciary system? What is the solution if it happens? Some findings and conclusion will be the last session of the paper bringing us a clear picture of what the mediation should be. DOI: 10.5901/mjss.2014.v5n22p12

Un estudio interuniversitario sobre la importancia de la redefinición del problema en un contexto de intervención familiar = A joint university study about the importance of problem redefinition in a familiar intervention context

This article describes the results and conclusions of a study developed by the Institute of Family Sciences of Los Andes University (Santiago de Chile), and Education Faculty of the National University of Distance Education (Spain), on the “Redefinition” technique used in conflict-resolution mediation as the basis to achieve agreement. This study analyzes the problem definition sequence unfolded by the parties involved in mediation, the problem redefinitions articulated by mediators, and how this affects the process. The sample analysis indicates that it is the definitions of objectives done by the party and the redefinition of these done by the mediator that are more important than definition and redefinition of the problems. Focusing the mediation process on the objectives to be achieved rather than on the problems that caused the conflict would help to diminish an adverse climate, and strengthen the central role of the parties involved. Additionally, the research offers other possibilities in the use of techniques such as the incorporation of empowering, legitimation and recognition elements in the redefinitions, once they have been accepted by the parties involved. In this manner, a new field of research on mediation is opened as the study recognises a new technique of intervention used in the research process. This technique has been provisionally named “recognition anchorage”, when the mediator repeats back verbatim to one participant what the other has just recognised or acknowledged.

A Response to “The Developing Trend of the People's Mediation in China”: An Institutional Transformation of Grassroots Mediation in Conflict Resolution: Where is China Headed?

Where is likely to move in its sociolegal development is enduring topic for sociological inquiry in areas of and social control. A general consensus has emerged that Chinese legal system has transformed itself, as shown by court's increased role as medium of dispute resolution. But debate remains as to whether such transformation means that is in transition from the by men to the of law - kind of legal formalism that is commonly practiced in Western countries. authors of The of People's Mediation in China (Developing Trend hereinafter) touch upon this issue, and specifically turn our attention to development of people's mediation institution - area that has been underresearched in China's sociolegal reconstruction. In this sense, Developing Trend is valuable addition to literature of sociolegal development in contemporary China. As we know, there is little controversy in general literature about difference between traditional Chinese grassroots mediation mechanism and its Western counterparts in terms of how disputes were resolved (Wall and Blum 1991). Yet we would like to know more about how much China's market-oriented reform over past 20 years has impacted its traditional institution of grassroots mediation in conflict resolution. authors of Developing Trend observed three major changes brought about by reform: (1) traditional institution of people's mediation has lost its vigor and efficiency as result of dramatic modernization and urbanization, because Chinese is transforming itself from an acquaintance society to a stranger society in city and semi-acquaintance society in rural areas. (2) Therefore, state is embarking on legal formalization, so that more people resort to judicial approach to settle civil disputes - indication that is transitioning to use of for conflict resolution. But (3) as court system gets overburdened with caseload, and as vast rural area is not yet accustomed to using judicial approach, state has recently implemented campaign to revitalize weakened traditional mediation institution in attempt to make it standardized and systematized. It is to serve as first line of defense against social conflicts and negative mass incidents. authors conclude that through legal reforms traditional mediation will eventually evolve into auxiliary part of formal legal system, which, with aid of modernization as well as democratization, will transform from rule by men into rule of law. Although I am not disputing those three changes, I challenge authors' general assumption that changes necessarily point to gradual transition of China's social control mechanisms into rule of law. authors do not clearly define what rule of law really means: Does formalization (or government regulation) itself mean rule of law? I contend that, in order to demonstrate trend toward of law, one has to show that there is real judicial independence in conflict resolution, with grassroots mediation being part of it. authors of Developing Trend have not done that. Because of this ambiguity in main thesis, some analyses presented in article are less convincing. We are brought back to old research question: What is nature of China's sociolegal reform and where is reform headed? In my 1996 article on China's sociolegal reform (Li 1996), I argued that China's political structure makes it unlikely that Western style of codified fotmal legality will work as suitable social control option for China. It is not because Chinese people prefer informal community-based mediational resolution over Western-style formal court settlement. It is rather that China's judicial system is so deeply integrated into political institutions that it can hardly function in nonpartisan and independent manner. …

Social Conflicts and Modes of Action in China

(ProQuest-CSA LLC: ... denotes non-USASCII text omitted.) Chinese society today is characterized by the coexistence of numerous social conflicts and social stability. This coexistence reveals the resilience of the Chinese political system.1 A resilient political system allows its citizens to use conflict-resolution mechanisms while preventing what Frederick Barghoorn has called "flabby flexibility" or "lack of principles".2 By this he means that citizens resort to non-institutionalized or illegal modes of action to pursue their interests. Undisciplined actions are likely to threaten political stability. In China, citizens have access to a number of channels of political participation,3 but state power prevents regime-threatening actions and allows the Party-state to maintain the social order amid a legion of social conflicts.4 However, the Party-state faces serious pressures because of the magnitude of conflicts and the recurrence of noninstitutionalized or illegal modes of action.5 These illegal modes of action reveal the limitations of the regular or permitted channels. Hence, an analysis of the factors that affect citizens' choice of the modes of action illuminates the degree of institutionalization of conflict resolution in China. The permitted channels of conflict resolution in China include both the use of the law and non-legal modes, such as petitions or mediation. These non-legal modes are, however, still "in the shadow of the law" in the sense that existing laws or government regulations are referred to when these modes are used to address social disputes.6 Research on Chinese citizens' use of permitted modes, especially the law, suggests a mixed picture. On the one hand, as Diamond et al. argue, "in today's China law matters more than it ever has" because it plays an unprecedented role in helping address social conflicts and citizens' grievances.7 Chinese citizens increasingly make use of the law in pressing their interests despite the widely known flaws of legal institutions.8 On the other hand, these flaws make successful action difficult. Effective lawsuits often require the use of tactics or political resources such as political connections. These tactics or resources require citizens to obtain support from the media or from sympathetic state agents, or to gain access to important institutions.9 Failure, especially when suing state agencies, is not rare.10 Such difficulties are also faced by those citizens who use non-legal modes of action. For example, research on the use of petitions has shown that petitioners often encounter serious or insurmountable hurdles in making state authorities pay serious attention to their grievances.11 The limited effectiveness of permitted channels has not driven the disgruntled to silence. In recent years, there have been numerous incidents of disruptive or illegal modes of action, including protests, demonstrations, violent confrontations, and even attacks on state agencies.12 It is these non-institutionalized modes of action that have led the central Party-state to set "the building of a harmonious society" as a top priority.13 If the use of the law and those non-legal modes of action that are "in the shadow of the law" can be an indicator of the degree of conflict resolution's institutionalization in a society, the recurrence of social protests in China suggests that this institutionalization is rather limited. The relationship between citizens' use of permitted modes and illegal modes of action has not been adequately addressed. The many existing studies on the permitted modes of action commonly point out their limitations, but they stop short of demonstrating the implications of these limitations. There is no systematic research on the likelihood of citizens' legal action escalating into illegal modes. Analysis of this likelihood illuminates the degree of pressure faced by the Party-state in maintaining social order. Previous research has not generated the data necessary to undertake such an analysis. …

Mediation in conflict resolution

L'article presenta el desenvolupament del procés de mediació en la intervenció del conflicte. En un primer apartat es defineix el concepte de mediació i les seves característiques. Els apartats segon i tercer recullen els aspectes relatius a les modalitats de mediació i la seva transformació davant del conflicte. Finalment, es mostren les aportacions de la mediació en l'àmbit familiar, escolar i judicial, entre d'altres.

A Technology Review of the 1982 IFAC SWIIS Workshop on Supplementary Methods for Improving International Stability

The First IFAC SWIIS Workshop on this topic, which was held in Laxenburg, Austria, has greatly benefited from some of the international and interdisciplinary co-operations that were suggested in several of the presentations and discussions during the workshop. These ideas have been collected in the workshop's proceedingsThe major sessions of the workshop included the following topics⊗Cultural, Political, Behavioural, and Legal Aspects of International Stablity⊗Techno-Economic Conditions for International Stability⊗System Analytical Approaches to International Stability⊗Negotiation and Mediation in Conflict Resolution⊗Decision-Making Processes