Mediation Program Research Articles

“We make new families:” findings from a family court mediation study

AbstractMediation was brought into family court cases as a divorce litigation alternative. Today, parents are not only encouraged but mandated across most U.S. states to consider mediation before further court action can be taken. Research has not kept up with understanding how publicly mandated and subsidized mediation services become part of court cases and possible case resolution. This article reviews how mediation has evolved from outside alternative to family court “workhorse” within a family dispute resolution paradigm centered on shared parenting as in the best interest of children. Research results from a family court mediation program are presented to highlight how parents encountered and responded to mediation as an embedded part of today's family dispute resolution paradigm/court system. Especially in cases that keep coming back to court, family dispute resolution has become a means of “making family” as much as supporting family separation. Implications for practice include limitations of a mediation service as provided in an under‐resourced court and ultimate reliance upon parents to uphold the best interest standard through ongoing co‐parenting interactions.

Mediation and restorative approach in resolving criminal law conflicts

A number of international legal instruments is highly recommended to upgrade the national system of conflict resolution in the sphere of criminal law with the view of the importance of not only traditional prohibitive, punitive and preventive, but, first of all, restorative tasks. Such modernization, which implies a tran-sition from the strategy of “combating crime” to strategies of “reducing the harm from crime”, requires a combination of methods of “punitive” and “restorative justice” in order to most effectively solve the problems of compensation for the harm caused to the victim and restoring his normal life and disturbed public order, as well as correcting and re-socializing the person who committed the crime in order to avoid repetition of criminal activity. But in order for such a transformation of the paradigm of criminal law policy to be organic and natural rather than artificially implanted, it is necessary that certain socio-political and legal factors that determine the formation and development of mediation and other restorative justice programs in the field of criminal law should develop in the Russian reality. For the first time in Russian science, the article, poses and investigates the problem of socio-legal laws of the concept of restorative justice. The conducted research contributes to identifying and formulating a set of laws characterizing the formation and development of the restorative approach; this allows on the basis of identified patterns to assess the current state of its socio-legal prerequisites in Russia.

중소병원 간호사의 전문직업성과 직무만족, 직무스트레스가 이직의도에 미치는 영향

The purpose of this study was to identify factors that influence turnover intention by considering professionalism, job satisfaction, job stress, and turnover intention among nurses in small and medium sized hospitals. The study was conducted using descriptive survey, among 149 nurses from January 1 to 31, 2017. Responses were analyzed using SPSS WIN 21.0. Nurses’ professionalism, job satisfaction, job stress, and turnover intention were measured through the self-reported questionnaire. Nurses’ professionalism (3.44±0.40), job satisfaction (3.01±0.31), job stress (2.88±0.4), and turnover intention (3.02±0.82), were at an intermediate levels. Among these variables, turnover intention showed a negative correlation with professionalism and job satisfaction, and a positive correlation with job stress. In this study, job satisfaction and job stress were the factors that most affected turnover intention, with an overall explanatory power of 22.2%. Based on the results of this study, it is suggested to develop and apply a housekeeping mediation program to minimize turnover intention, introduce a standard wage system, and resolve conflicts between managers and colleagues.

The effectiveness of mindfulness based stress reduction and sama vritti pranayama on reducing blood pressure, improving sleep quality and reducing stress levels in the elderly with hypertension

Introduction: Increasing age has the potential to cause hardening of the arteries. Hypertension is also related to sleep quality and stress levels. Hypertension can be controlled with non-pharmacological therapy using Mindfulness Based Stress Reduction (MBSR) and samavriti pranayama. Samavriti pranayama increases the oxygen supply to the brain, lungs and lowers the heart rate. The purpose of this study was to determine the effectiveness of MBSR and samavriti pranayama for lowering blood pressure, improving sleep quality, and reducing stress levels. Methods: This study utilized a cross-sectional model. Elders analyzed with hypertension were surveyed for qualification. A add up to of 40 seniors were randomized into the mediation and control bunches. Both bunches gotten schedule care. Eight sessions of MBSR and samavritti pranayama were conducted within the intercession bunch, whereas the control gather gotten no mental intercession. Elders were surveyed with respect to diminished hypertension, uneasiness, and rest quality at two unmistakable stages: some time recently and after the mediation. Results: There were no significant differences in sociodemographic and clinical parameters between the intercession and control bunches at standard. The mediation program essentially lightened mental and physiological complications in elderly with hypertension. Particularly, the consider uncovered that 8 weeks of the combined MBSR and samavritti pranayama mediation viably decreased lower hypertension and uneasiness scores and made strides the quality of rest in elderly. Conclusion: The conclusion MBSR combined with samavritti pranayama significantly alleviated clinical symptoms, and could be considered a new, effective psychotherapeutic intervention for Elderly with Hypertension.

Don't Fight, Mediate

Peer mediation offers a way for students to settle disagreements without violence and without involving the traditional system of school discipline (Davis & Porter, 1985). Simply put, peer mediation offers another way for students to handle the inevitable conflicts of daily school life. Students trained as mediators help other students resolve disputes in a collaborative, win-win form of conflict resolution. In this way, students play a vital role in reducing violent behaviors and creating "safe schools." In this article, I present one high school mediation program that has been implemented and evaluated. First, a brief background about peer mediation is necessary.

A247 MEDITATION AND YOGA FOR IRRITABLE BOWEL SYNDROME (MY-IBS): A RANDOMIZED CONTROLLED TRIAL

BackgroundWhen delivered in person, yoga is effective in managing Irritable Bowel Syndrome (IBS) symptoms. However, research is needed to determine the feasibility and effectiveness of yoga as a therapeutic option when delivered virtually.AimsThe aim was to explore the feasibility and effectiveness of a yoga program, delivered virtually, for patients with IBS. We hypothesized the program would be feasible and effective in improving outcomes in the intervention group compared to the control group.MethodsAdults diagnosed with IBS were randomized to receive either a Hatha yoga intervention or to an advice-only control group. The intervention consisted of facilitator-led weekly online classes for eight weeks delivered using Microsoft Office Teams and daily home practice. Yoga sessions included sequential delivery of postures, chanting, breathing exercises, and meditation over four weeks, with integrated practice over the final four weeks. Feasibility was evaluated with recruitment and attrition rates, adherence, and safety. The primary outcome was severity of IBS symptoms (IBS-Symptom Severity Score, IBS-SSS). Secondary outcomes included anxiety (General Anxiety Disorder-7), depression (Patient Health Questionnaire-9), and stress (Perceived Stress Scale) assessed at baseline and eight weeks. Unadjusted and adjusted analysis of variance (and covariance) models compared baseline and post-intervention data between groups using intent to treat analysis.ResultsSixty-five participants participated (32 treatment, 33 control). The mean age was 44.2±14.1 years and 91% identified as female. Participants had been living with IBS for 11.7±11 years. Fifteen participants were lost to follow-up (20% attrition rate). Participants attended on average 5.9±1.7 out of a possible 8 sessions (74% adherence) and accumulated 1,187±545 minutes in daily practice over eight weeks. No adverse events were reported. The groups did not differ at baseline (P>0.05). From baseline to post intervention, unadjusted ANOVA models indicated the yoga program was not statistically superior to the control group for IBS-symptoms (-17.5 points; 95% CI -62.6 to 27.6; P = 0.440), anxiety (-0.91 points; 95% CI -2.47 to 0.64; P = 0.245) and stress (-0.65 points; 95% CI -1.73 to 0.44; P = 0.239). Significant differences between groups were seen for depression (-1.82 points; 95% CI -3.49 to -0.15; P = 0.033). A second model considered relevant covariates including age, comorbidities, and years since diagnosis (i.e., ANCOVA), and the results were similar to the unadjusted model.ConclusionsOur virtual Hatha yoga and mediation program was feasible, and participants showed improvement in their depression scores. However, they did not experience a significant improvement in their IBS symptoms, anxiety, or stress, perhaps due to the short timeframe of the intervention.Funding AgenciesNone

Dear organization, how will you address workplace conflicts in the post-pandemic world?

The article explains that any organization - whether small or large, »best employer« or not so much - will benefit from a mediation program designed specifically to address potential workplace issues. The article demonstrates the need and effectiveness of an organizational mediation program that addresses workplace disputes, especially in the post-pandemic world. It focuses on the benefits of mediation as a process based on the example of the mediation program that is in place at UNICEF1, UNDP2, UNOPS3, UNFPA4, and UN5 Women. Those benefits include open communication, early and effective resolution, dedicated space for listening, neutrality, flexibility, professionalism, specialization in conflicts, focus on relationships, and confidentiality.

Florida Patient Safety and Pre-Suit Mediation Program for Medical Malpractice Claims: 13-Year Results, COVID-19 Pandemic Implications, Future Innovations, and Blueprint for Nationwide Implementation

In 2008, the University of Florida Health system (UF Health) created the Florida Patient Safety and Pre-Suit Mediation Program (FLPSMP) to complement UF Health’s patient experience and loss prevention initiatives. The FLPSMP was designed to timely compensate patients for meritorious medical malpractice claims, reduce frivolous lawsuits, and facilitate early, effective communication between patients and their health care providers and health care facilities, with the benefits of confidential mediation conducted by court-certified experienced medical professional liability mediators. In its first five years, “[T] he program resulted in faster resolution of claims, lower legal expenses, and greater compensation to patients with meritorious claims [1].” After eight years, the FLPSMP continued to demonstrate the benefits of significantly reduced claim receipt-to-resolution times, substantial reduction in defendant legal expenses, and increased net proportionate recovery by claimants, compared to recovery through litigation [2]. This article updates the data to include the first 13 years of the FLPSMP, of which 12 occurred prior to the onset of the COVID-19 outbreak. Additionally, the authors explain the helpful provisions of mediation law in Florida that support the FLPSMP, discuss the impact of the COVID-19 pandemic on the FLPSMP results, report the perspectives of mediators who participate in the program, and recommend the FLPSMP as a blueprint for expansion nationwide as an alternative dispute resolution model. The analysis continues to demonstrate the positive impact of the program in providing a fair platform for swift resolution of claims, reduction of expense, uncertainty, and delays of protracted litigation for all parties, and settlements with a better net outcome for claimants.

온라인 플랫폼 사업자와 이용자 간 상생협력 촉진 방안

The disruptive development of digital technology and the rapid transition to a non-face-to-face economy caused by Corona Pandemic are accelerating the growth of online platforms. However, the market dominance of online platform companies leads to various unfair trade practices such as excessive fees, and the expansion into diverse business areas to build a platform ecosystem is considered to threaten the survival of small and medium-sized enterprises and small business owners. There are voices calling for regulating the abuse of market dominance and unfair trade practices of online platform companies in Korea as well as in Europe and the United States, and strong government-led regulations are under consideration. The enactment of the Online Platform Fairness Act and the revision of the Mutually Beneficial Cooperation Act, which are currently pending in the National Assembly, reflect this trend. However, government regulations have a problem that they cannot quickly reflect the rapidly changing market conditions. Not only is it difficult to clearly define the market, which is a prerequisite for regulation, and to verify the facts and effects of unfair trade practices, but it is also difficult to ignore the fact that online platforms contribute to the improvement of transaction efficiency and consumer welfare. Even if strong legal regulations can ensure fairness in transactions between online platform companies and their users, it is questionable whether this can resolve conflicts in a desirable direction and promote the collaboration among conflicting parties. The intrinsic nature of collaboration is the pursuit of diversity and harmony. A healthy and sustainable business ecosystem can be achieved by both large companies and SMEs collaborating to develop their own capabilities and build mutual trust. To this end, this study suggests the self-governance or self-regulation for online platform companies. In particular, it is believed that platform companies, based on the principle of ‘good faith’, should seek equity and fairness in their relations with users and quickly introduce in-house dispute mediation programs for resolving conflicts. Furthermore, beyond the collaboration with users or complementors, it is believed that platform companies should develop and practice social responsibility for the interests of society at large. More specifically, the suggestions of this study are as follows. First, based on the social interdependence theory and Deutsch’s theory of competition and cooperation, this study believes that the essence of collaborative (win-win) cooperation lies in harmony or balance between heterogeneous economic actors, and in order to achieve this in a conflict situation, it is necessary to seek cooperative-constructive conflict resolution rather than competitive-destructive conflict resolution. However, it is necessary to seek harmony between competition and cooperation in that it is possible to simultaneously pursue competition and cooperation, and fair competition or restrained competition can have positive results. Second, following Gorwa (2019)’s suggestion, this study also sees the appropriate balance between the self-governance, external governance, and co-governance as a good form of platform governance. In particular, as government authorities are strongly considering legal regulations, platforms are expected to strengthen self-regulation, establish an organization performing multiple functions ranging from investigating user complaints to creating ethical frameworks, seek user participation in policy decisions, and so on. Third, if a platform company wants to practice self-regulation, it must be made in the direction of complying with the ‘principle of good faith’ as in general transactions. The principle of good faith is closely related to the duty of cooperation, the doctrine of non-degradation from grant, and the principle of unconscionability. The core concepts that make up these principles include honesty, fairness, reasonableness, exclusion of bad faith and opportunism, compliance with fiduciary duty, respect of the other party’s rational expectations, and the implementation of community standards. Fourth, it is desirable to preemptively and quickly introduce an in-house dispute mediation program to resolve conflicts. Both the enactment of the Online Platform Fairness Act and the revision of the Mutually Beneficial Cooperation Act stipulate the operation of the public dispute mediation program as a means for resolving disputes between platforms and their users. In-house dispute mediation is a ‘low risk coordinative mechanism’ compared to public dispute mediation, which contributes to improving relations between disputing parties and enhances corporate reputation and image. In addition, it is a more efficient and flexible conflict resolution method in that new measures not recognized by the parties can be sought during the mediation process. Finally, platform companies’ collaboration efforts should be made in relation to consumers and society. The concept of collaborative cooperation requires platform companies to participate in solving social and environmental problems. It is necessary to consider how to impose responsibility on the platform and its various stakeholders to realize public values such as transparency and diversity.

치위생과 학생들의 대인관계성향 및 대학생활 스트레스가 대학생활적응에 미치는 영향

Objectives: The purpose is to prepare measures to effectively improve college life adaptation by identifying relevance between interpersonal relation disposition and college life adaptation, college life stress and college life adaptation for dental hygiene students. Methods: 375 dental hygiene students attending some local universities in Gyeonggi-do were sampled for convenience. The results of this study are as follows. Results: First, As a result of interpersonal relation disposition according to general characteristics, superiority-dominance tendencies were higher in first and third graders, in groups with grades above 4.0 and groups with lower subjective economic levels. And the stress of college life was high for second graders and students with lower grades than 2.0. Second, According to the correlation between factors, governance-dominance, independence-responsibility, sympathy-acceptance, sociable-friendliness, and ostentation-intoxication of interpersonal tendency factors had proportional relationship with college life adaptation, rebellion-distrust and college life stress had inverse relationship. Third, The results of multiple regression analyses to identify factors that affect college students' adaptation to college life were in the order of stress in college life, first grade, sociable-friendliness, second grade, rebellion-distrust. Conclusion: In order to improve college life adaptation, counseling and practical mediation programs should be developed and applied to effectively manage and control the negativity and positivity implied by interpersonal relationships and college life stress.

Social constructions of conflict and mediation as factors in mediation program decisions

AbstractWe argue that social construction theory can be used to inform data gathering techniques before launching a mediation program. Focus groups were consulted to gather attitudes, metaphors, and perceptions of a proposed mediation program. The results influenced decisions about the program structure. The influence of the focus group analysis on revised program structure are shared. Framing programmatic decisions in light of socially constructed ideas of conflict should ensure better program utilization and impact.

Evaluating the Extrajudicial Measures and Sanctions within the Youth Criminal Justice Act

Since the introduction of the Youth Criminal Justice Act (YCJA), there have been some concerns about the effectiveness of young people utilizing extrajudicial measures and extrajudicial sanctions. This article investigates if the implementation of these measures has created positive impacts for young offenders or if it is equivalent to just “a slap on the wrist.” Using a lens of restorative justice, the strengths and weaknesses of youth circles, youth committees, and victim-offender mediation programs are examined. This article explores the roles of those involved within extrajudicial measures and sanctions and addresses the gaps that exist within this section of the YCJA. Ultimately, this article finds that the restorative justice practices of extrajudicial measures and sanctions are effective at supporting young people throughout the legal process. It discovers that the programs offered for young offenders can give them a voice in their situation and create a connection to their community. However, there are changes needed in the areas of consistent data collection, proper fund allocation, and programming availability.

Preparing Mediators to Mediate Cases Reporting High IPV in a Randomized Controlled Trial: The Importance of a Mediation Manual, Training, and Consultation

This article addresses the training of mediators participating in a randomized controlled trial (“RCT”) that examined the outcomes of family law cases with children in which parents reported high or concerning levels of intimate partner violence (“cases reporting high IPV”). In the RCT, we studied two specialized forms of mediation designed to protect the safety of IPV survivors (shuttle or videoconferencing) compared to each other and to traditional litigation. In implementing the RCT, the researchers utilized a three‐part program to train the participating mediators with: (1) a manual; (2) in‐person training; and (3) ongoing peer consultation. Though this three‐part training regimen is utilized in RCT research scientifically testing interventions, to our knowledge this was the first such training program in the mediation context. Results supported a finding that the combined use of a manual, training, and peer consultation is helpful for mediators who lack prior training in mediating cases reporting high IPV by providing protocols to conduct mediation in these cases and helping ensure participant safety and satisfaction. The researchers were fortunate to collaborate with a mediation program that understood and appreciated the need for, and the importance of, this three‐part training program to test the two models of mediation. The researchers hope other mediation programs will consider the use of these tools to better train mediators, thus benefitting the parties involved in mediation, particularly those in cases reporting high IPV.

Group dynamic assessment of the listening skill A ZPD-based Study of Iranian TOEFL iBT Candidates

The present study was an attempt to assess, diagnose, and enhance the listening skill of Iranian TOEFL iBT candidates through Group Dynamic Assessment (G-DA). An interactionist format of dynamic assessment was conducted in the present study. Twenty participants took part in the G-DA program which lasted for nine weeks; one week for the pre-test; seven weeks for the enrichment mediation program; and one week for the post-test. The study revealed a significant difference between the participants’ pre-test (non-dynamic) and post-test (dynamic) scores. The learning potential score (LPS) differentiated among the learners with similar pre-test scores. Finally, the analysis of the participants’ interactions with the mediator along with the LPS score helped the mediator to have a thorough diagnosis of each participant’s weaknesses regarding different sub-skills included in the listening section of the TOEFL iBT test. Consequently, the mediator was able to develop more fine-tuned individualized learning plans and materials for the participants.

THE IMPORTANCE OF THE PRINCIPLE OF CONFIDENTIALITY IN MEDIATION

In the modern world, mediation is becoming an increasingly popular alternative to formal adjudication. Around the world, large-scale mediation programs have emerged, which deal with a huge number of both civil and criminal cases. As mediation becomes more widely used as an alternative method of dispute resolution, a new problem has emerged that threatens its continued viability-confidentiality. Confidentiality is a fundamental characterristic of the mediation process, a key feature that distinguishes mediation from litigation. The principle of confidentiality in mediation is a framework that enhances the security of the parties by giving them confidence that they are in a safe place where what is said and done during the process cannot be disclosed or used against them outside the process. This gives them the freedom to negotiate and increases the chances of successful mediation. This article explains the importance and role of the principle of confidentiality in the mediation process. Key words: alternative dispute resolution, mediation, confidentiality

Traditional food taboos and practices during pregnancy, postpartum recovery, and infant care of Zulu women in northern KwaZulu-Natal

BackgroundTraditional practices and beliefs influence and support the behavior of women during pregnancy and childbirth in different parts of the world. Not much research has been conducted to examine whether and how cultural traditions continue to shape maternity experiences of Zulu women. The aim of this study is to establish the extent at which women in certain rural communities adhere to traditional food taboos and practices during pregnancy, postpartum recovery, and infants feeding, in comparison to what is recommended by health care workers.MethodsA survey was conducted in the rural northern KwaZulu-Natal between 2017 and 2020. A total of 140 women between the ages of 18 and 90 years were interviewed and they were chosen purposively based on their experiences in pregnancy, postpartum recovery, infant care, and their willingness to share the knowledge. Data were analyzed using descriptive statistics.ResultsMost (64%) of the participants said that they adhered to these cultural food taboos and practices. The most common foods avoided were certain fruits [mango, naartjie, orange, papaya, and peach], butternut, eggs, sweets (sugar, commercial juice, sweet food, and honey), chili, ice, and alcohol. The most recommended foods during pregnancy were leafy vegetables, fruits (except the avoided ones), liver, and fish. For postpartum recovery, women mostly consumed soft porridge, all fruits and vegetables, beetroot, and tea. Food not allowed for children younger than 2 years included meat, sugar and sweets, and chewable foods.ConclusionDifferences on food taboos and practices between participants who received formal education and those who did not received it were insignificant. The beliefs about the detrimental effects of some foods were not backed up by scientific research. Restriction of some orange/yellow colored fruits during pregnancy that are rich in vitamin A and/or C may affect daily requirements of these micronutrients, and the foods recommended during pregnancy and postpartum period would not provide all the essential nutrients required for successful pregnancy. However, some of the food taboos would protect women from unhealthy eating. Our findings provide a basis for developing culturally appropriate nutritional mediation programs for Zulu women with a view to provide effective nutritional counseling.

Effectiveness of Art Brut Recovery Mediation Program Study for Women with Mental Disabilities of Community : Focusing on mood disorders, life satisfaction, and artist activities

Effectiveness of Art Brut Recovery Mediation Program Study for Women with Mental Disabilities of Community : Focusing on mood disorders, life satisfaction, and artist activities

Mediation of complaints against police: a review of programs in Los Angeles and New York City

ABSTRACT The investigation of complaints against the police is important to law, order and justice. The public expects high ethical standards from its police service and when breaches occur, complaints often follow. How the police respond to complaints can influence the trust and confidence that underpins the civilian-police relationship. This paper examines some of the key issues faced by police services in the management of complaints and reviews the effectiveness of mediation as a measure to rebuild relations. The Los Angeles and New York City Police Departments were selected for the study because there are very few civilian-police complaints mediation programs in operation and these sites had reports on the public record that indicated some success. A qualitative case study approach was used, incorporating public source material and interviews with key informants. The findings show that the inclusion of external mediation in police complaints systems offers complainants a transparent, impartial and often restorative mechanism to resolve complaints. However, any perceived conflict surrounding the independence and equity of the mediation vendor can engender police and complainant mistrust in the process. As such, ongoing public and police education on the aims, process and benefits of mediation is required to sustain its use.

Ethnic bias in restorative processes? An analysis of access to the police-based national Danish VOM-programme

In this article, possible ethnic bias in access to the national Danish police-based Victim Offender Mediation (VOM) programme is investigated. The analyses of this project show that the VOM personnel informants believe that ethnic minority offenders are underrepresented in this VOM programme. Also, numerous examples of essentialist views on ethnicity and culture emerge among police personnel in the interview and observation data. Yet interestingly, the national VOM participation rates in penal cases analysed for this article show that while young male ethnic minority immigrants are underrepresented in VOM some years, young male ethnic minority descendants are actually overrepresented in VOM meetings.

Exploring the Effects of Mediation in Group-Dynamic Assessment (G-DA) Approach for an Iranian Undergraduate EFL Writing Course

The present study employed a cumulative format of Group Dynamic Assessment (G-DA), an assessment approach that integrates instruction into assessment, and adopted an interactionist approach to DA to conduct a semester-long mediation program in a writing course, which aimed at improving the writing ability of 15 (8 males and seven females) intermediate proficiency level sophomore students of English Language and Literature, in a State University in Iran. The students’ performances on non-dynamic writing pre- and post-tests and nine in-class dynamic writing tasks, completed during the DA sessions, were compared using independent samples t-test and mixed between-within subjects analysis variance (ANOVA), respectively. More specifically, the participants were divided into the two groups of more-skilled and less-skilled student writers, and then their performance was compared. The results indicated that the mediation offered had been highly effective in improving the writing competence of both groups of more- and less-skilled writers. They have been equally able to benefit from the mediation received and resolve their problems in writing. In addition, the dominant patterns of tutor mediational and learner reciprocity moves from a recorded DA intervention session were identified to see how they can lead to the learners’ writing development.