Mediation Services Research Articles

ПОНЯТТЯ, ВИДИ ТA ХAРAКТЕРНI РИСИ МЕДIAЦIЇ ЯК СОЦIAЛЬНО-ПРAВОВОГО ЯВИЩA

The article contains a study of the concept of mediation, the definition of types and its characteristic features. The author analyzes the origin of the word ’mediation’. In particular, from the Latin word ’mediatio’. The essential meaning of the concept is defined, the approaches of scientists are systematized, which allow comparing the concept specified in the Law of Ukraine ’On Mediation’ of 16.11.2021 No. 1875-IX. And their own developments, which generally defines the phenomenon we are studying. The article also proposes the most modern and relevant types of mediation, including electronic mediation, a procedure by which a mediator provides mediation services to parties who are at a distance from each other, or the conflict between the parties has reached the level that they cannot be in the same room The article highlights the issues that are specific to the mediation procedure, these are problems related to the direct implementation of alternative dispute resolution methods, but it should be noted that science and practice are actively working on.

Recent Trends and Prospects of Institutional Commercial Mediation Services in Cambodia

Recent Trends and Prospects of Institutional Commercial Mediation Services in Cambodia

The right of access to restorative justice and mediation at the stage of criminal enforcement proceedings. Comments de lege lata and de lege ferenda

The subject of the article is a formal and dogmatic analysis of the right to mediation, which is part of the right of access to restorative justice. The aims of the article are determined by the structure of the content, with the limitation of considerations to the stage of executive proceedings in criminal cases. First, the aim is to analyze the legal structure of the right of access to restorative justice and mediation. Secondly, the answer to the question of whether, in the light of EU and international law, there is an obligation for state authorities to ensure that the right to mediation is exercised, together with an analysis of its content. Third, the formulation of de lege ferenda proposals related to the establishment of the right of access to restorative justice and mediation. Despite the position, formulated for years in the documents of the Council of Europe, that restorative justice and mediation should be a public service at every stage of criminal proceedings, it has not been established at the stage of executive proceedings. However, this does not result from a defective implementation of EU law, which does not impose an obligation to ensure the right of access to restorative justice and mediation services in areas where these services are not available, making EU Member States only guardians of the standards of services provided, and not guarantors of the possibility of implementing the right to use mediation. De lege ferenda establishing the right of access to restorative justice and mediation would include the power to submit a request for mediation and the obligation of state authorities to create conditions enabling its implementation but not guaranteeing mediation. The analysis of the right to access mediation, which has not been the subject of an explication in the doctrine so far, is to provide knowledge on the structure and potential directions of normative work, taking into account the regulations of EU law and documents of the Council of Europe related to the regulation of mediation proceedings at the stage of executive proceedings in criminal cases.

The importance of second-degree professional specialization in the professionalization process of social workers

The article presents research results on the significance assessment of supplementary vocational training as a part of 2nd degree specialisation undertaken by social workers, who have participated in the project: “New 2nd degree specialisation in the profession of social worker as an answer to new challenges” (Polish: Nowe specjalności II stopnia w zawodzie pracownika socjalnego odpowiedzią na nowe wyzwania), in terms of completely new specialisations: local community animator, Assistantship and social mediation and social services organiser. A theoretical background for the analysis has been the issue of the professionalisation of the social worker profession resulting from acquiring knowledge, competences and skills, which has a fundamental impact on the way deliverables and tasks in social work are executed.

MEDIATION IN POST-WAR RESTORATION IN UKRAINE

Background: This article addresses the challenges of developing mediation in Ukraine, the lack of effective coordination between courts and mediators, and issues of low awareness in Ukrainian society about mediation. It is argued that Ukrainian courts and mediation in Ukraine are going concurrent ways so that mediation is not integrated into or reinforcing the court-based litigation system. Meanwhile, the national mediation community must mature through the organization of high-quality interaction with the judicial system. Moreover, the war and post-war period will cause a new workload of civil and commercial disputes that are generally suitable for mediation, especially when the disputants residing in different regions after fleeing from war. This article is aimed at finding sustainable and fast solutions for raising awareness of mediation in Ukrainian society and effective coordination between courts and mediators based on the progress already achieved. Methodology: This article used doctrinal legal research to evaluate the options of cooperation between courts and mediation, empirical analysis to examine judicial system performance and the mediation community status quo, analyse options for closer cooperation of courts and mediators, and find sustainable solutions for promoting mediation. Results and Conclusions: Courts and the mediation community must work together to break the general reliance on traditional litigation; courts should actively promote mediation through sustainable means, and the mediation community should improve the quality control of mediation services, develop a complaint-handling procedure, and further progress with online platforms for choosing a mediator.

Analisis Perlakuan Verbal Bullying pada Remaja

Cases of bullying are increasing day by day in Indonesia, which is not only done by adults but also teenagers and has an impact on teenagers. One type of bullying that is done by teenagers is verbal bullying. Verbal bullying is defined as an act of violence that is carried out verbally through words, such as insulting, mocking, or ridiculing. Many cases of bullying occur in teenagers. As a result of continuous bullying, it can affect self-confidence and mental health in adolescents who are victims of verbal bullying. This study aims to describe how the treatment of verbal bullying on adolescent victims of bullying. The method used in this study is a qualitative descriptive method. This study was conducted on 4 adolescent victims of bullying (1 boy, 3 girls; age 14-22 years; students and college students) through interviews. The data were analyzed using an interactive model consisting of three steps including data reduction, data presentation and drawing conclusions. The results showed that the treatment of verbal bullying on adolescents had positive and negative impacts, but the analysis showed that the negative impact was mostly caused by the treatment of bullying. On the positive impact it teaches children to be able to understand if they are in the position of victims of bullying so that they make children aware not to do that, mentally awaken children who are victims of verbal bullying to stay strong. While the negative impact is making children who are victims of verbal bullying become insecure, have psychological trauma because not all children can accept it. Based on this, parents, teachers and counselors work together to help and protect teenagers who are victims of bullying, giving teens the opportunity to understand what bullying is. For orders, it is necessary to enforce the law for bullying behavior so that bullying behavior is reduced and there is no more bullying so that teenagers become safe and comfortable without bullying. Teenagers are advised to consult with BK teachers in schools so that Guidance and Counseling services can be provided including information services, individual counseling services with a behavioral approach, group guidance services, classical services and mediation services to prevent violence in adolescents.

ОСОБЛИВОСТІ РОЗВИТКУ МЕДІАТОРСЬКОЇ КОМПЕТЕНТНОСТІ МАЙБУТНЬОГО ФАХІВЦЯ В ГАЛУЗІ СОЦІАЛЬНОЇ РОБОТИ

The article defines the relevance of the problem of professional training of social work specialists capable of demonstrating mediation competence. The educational and professional program «Social Mediation» of the specialty 231 Social Work, created taking into account international standards and domestic experience of educational and training centers, providers of educational services in the field of adult education, which provide training in the field of mediation, organizations, unions and other associations of mediators, the State Standard of Social Services of Mediation, the Law of Ukraine «On Mediation», the Mediator's Code of Ethics and other regulatory documents. The purpose and main focus of the educational and professional program «Social Mediation» is revealed. In accordance with the training plan of the future specialist in social work with a focus on the formation of conflict-related competence, the study of a number of educational components from the professional training cycle is provided (social work in the community, theory of social mediation, supervision in social work, etc.). The list of professional competences and learning outcomes, which was formed taking into account the «Basic principles of teaching the basic skills of a mediator», is presented. The principles were developed within the framework of the project «Ensuring the quality of mediation services by standardizing the requirements for training basic mediator skills», implemented by the NGO «National Association of Mediators of Ukraine» with the support of the American people, provided through the United States Agency for International Development (USAID). It is noted that the educational and professional program is intended for higher education graduates who are ready to provide assistance in conflict/dispute settlement as a mediator, to help the parties conduct negotiations with an attitude of partnership, joint problem solving, and to promote the healthy well-being of the population. Key words: social work, mediation, mediator competencies, social work specialist, educational program, development.

Matching markets with middlemen under transferable utility

This paper studies matching markets in the presence of middlemen. In our framework, a buyer–seller pair may either trade directly or use the services of a middleman; and a middleman may serve multiple buyer–seller pairs. For each such market, we examine the associated TU game. We first show that, in our context, an optimal matching can be obtained by considering the two-sided assignment market where each buyer–seller pair is allowed to use the mediation services of any middleman free of charge. Second, we prove that matching markets with middlemen are totally balanced: in particular, we show the existence of a buyer-optimal (seller-optimal) core allocation where each buyer (seller) receives her marginal contribution to the grand coalition. In general, the core does not exhibit a middleman-optimal allocation, not even when there are only two buyers and two sellers. However, we prove that in these small markets the maximum core payoff to each middleman is her marginal contribution. Finally, we establish the coincidence between the core and the set of competitive equilibrium payoff vectors.

Analysis of the Perception of Conflict and Its Positive Resolution in University Students

This research aimed to analyze the perception of conflict in universities and the ways of dealing with it in relation to the 17 Sustainable Development Goals of the United Nations. The research was developed from a quantitative approach in three universities in two European countries: the University of Murcia and Complutense University of Madrid (Spain) and University of Minho (Portugal). The sample consisted of 247 university students and the technique used was an ad hoc survey administered online. Among the main research results we can highlight that (a) the perception of conflict is mostly negative; (b) there are predictive variables in the positive view of conflict; and (c) university students clearly identify the peaceful resolution of conflicts with some of the Sustainable Development Goals. The main conclusions are that conflict is inherent to any organization and the university must be sensitive to the conflicts that occur within it. It is therefore necessary to create intra-university mediation services as a conflict resolution resource for the entire university community. Training and a positive view of conflict favors the construction of a citizenry capable of dialogue and of resolving the conflicts that arise in their adult life.

Layanan Bimbingan dan Konseling untuk Pelaku dan Korban Body Shaming

The purpose of this research is to describe about Implementation of Guidance and Counseling Services provided by Guidance and Counseling Teachers to students for perpetrators and victims of body shaming. This type of research is qualitative research. Collecting data using the method of observation and interview methods. The instruments used for data collection are observation guidelines and interview guidelines. The place of research is at MTs Negeri 5 Sleman Yogyakarta. Sources of data in this study are Guidance and Counseling Teachers, Principals, Homeroom Teachers, and Students. The data analysis used is 1) data collection, 2) data reduction, 3) data presentation, and 4) drawing conclusions. The validity of data or trust in research results can be obtained by using source triangulation techniques. The results of this study found that Services for students’ victims and perpetrators of Body shaming are not included in the guidance and counseling program. Guidance and Counseling Teachers in the implementation of services for victims of Body shaming are mediation services, while for Body shaming perpetrators are individual counseling. The conclusion in this study is that the implementation of Guidance and Counseling Services for victims and perpetrators of body shaming at MTs N 5 Sleman Yogyakarta is that the guidance and counseling services provided are individual counseling given to perpetrators of body shaming and mediation services are used for victims of body shaming. Guidance and counseling services provided to perpetrators and victims of body shaming are still incidental.

Служба медиации в студенческом спортивном клубе

Educational work in student sports is aimed at developing students’ competencies of personal and collective responsibility for the quality of self-realization in life. Integration of standards of professional, educational and sports activities in terms of goal setting ensures the achievement of personal results of participants of student sports clubs. The protection of the rights of student-athletes in the mediation (reconciliation) service implements educational and regulatory functions and justifies its necessity. The attitude to mediation as a way of settling disputes on the implementation of the rights of student-athletes justifies the expediency of the mediation service. The survey of participants and staff of the student club of the Higher School of Physical Culture and Sports of the Immanuel Kant Baltic Federal University (N = = 61) proved the relevance of the problem of protecting the rights of student-athletes to participate in competitions and be admitted to sports teams (83.7%); the presence of competence deficits in sports ethics (78.7%); willingness to resolve a conflict with the leaders of a sports club and a sports team in the mediation service on the issue of sports sanctions for misconduct (73.8%); acceptance of mediation as a way to develop and conclude a mutually beneficial solution (93.4%); the likelihood of contractual capacity in conflict resolution based on a common interest in honest, fair play (95.1%); balance as an essential personality trait of the sports mediator (93.4%). The survey data determine the recommendations for the organization of mediation services in the sports student club: the structure of the educational work of the club; humanitarian service of legal protection and psychological support of the club members and employees; standardization of documentation, regulatory and methodological support of the club’s activities; regulation of friendly dispute resolution on the implementation of the rights of student-athletes.

An Service Program Evaluation at KPAI Indonesia

The research on evaluating the KPAI's mediation service program aims to evaluate the effectiveness of the implementation of the mediation program, which includes the input, process and outcome stages at KPAI. This research is classified as evaluative research using an evaluation model framework developed by Robert Stake with three evaluation components, namely: Antecedent (input), Transaction (process) and Outcome (result). Data were collected through document studies, interviews, observation and focus group discussions as well as the credibility of the data. Qualitative data analysis through data collection stage, data reduction stage (summarizing, coding, tracing themes, creating cluster ideas, creating partitions, writing memos), data presentation stage, and conclusion drawing stage. The results of the study can be concluded that in general mediation services at KPAI have been running effectively and efficiently. In general, all aspects evaluated meet the standard criteria set. All evaluation criteria meet the adequacy and accuracy of program implementation. All aspects evaluated have an equal equivalence relationship between the expected goals and the actual conditions that occur.

Integrity governance: A new reform agenda for sport?

Globally, “integrity” has emerged as a critical concept for sport, with scholars, government agencies and NGOs proposing the establishment of “integrity systems”, comprising measures such as new policy units, ombudsmen and mediation services. The purpose of this study is to assess the coherence of this reform agenda, to determine its core features and gauge whether it constitutes a new governing paradigm and departure from “professionalisation”. Drawing on case material from Australia and New Zealand, we trace the sport integrity agenda and its adoption into each country's government policies and programmes. The emerging agenda focuses on diverse risks at the periphery of “old” professionalised management, while demanding a sector-wide response and universal adherence. Coordination and regulation are emphasised (at national, state/regional and local levels), supported by central government policy frameworks and grievance detection regimes. While the integrity agenda has distinctive elements of a reform movement, preliminary evidence suggests it may become integrated under the existing logics of performance, audits and risk management. It nevertheless signals substantive changes to the conduct of sport organisations at multiple levels of the system.

An Empirical Study on Mediation in Civil and Commercial Disputes in Europe: The Mediation Service Providers Perspective

An Empirical Study on Mediation in Civil and Commercial Disputes in Europe: The Mediation Service Providers Perspective

Immigrant prisoners in Italy. Cultural mediation to reduce social isolation and increase migrant prisoner well-being?

PurposeThis study aims to highlight how easy it is for immigrants to break Italian law because of the country’s inadequate cultural and linguistic mediation service. Insufficiencies in this service also have a negative impact on both the psychological and physical health of migrant prisoners. Furthermore, Italian is used in legal disputes and prison, and reference is made to Italian culture, preventing migrants from understanding their position regarding the law.Design/methodology/approachThis report concerns the psychological discomfort of migrant incarcerated individuals within Italian prisons due to national laws in force. Consideration is also given to the negative impact on the physical health of incarcerated migrants.FindingsBest practice should include adequate space for linguistic and cultural mediation in reception centres and prisons. It is considered suitable to combat social exclusion, even in prison.Research limitations/implicationsThe report is not research on prisoners, but it focuses on making visible the condition of migrant individuals incarcerated in Italy.Social implicationsEnforced isolation does not allow immigrants to become a community resource but has negative repercussions in terms of financial, social and well-being costs.Originality/valueThis paper is one of few in limited, national or otherwise scientific output, to contribute to migrant inmate visibility in Italy. Taking action for the well-being of migrant prisoners will not only have a positive impact on a social level but should also help reintegrate these individuals after serving their sentence.

An Empirical Study on Mediation in Civil and Commercial Disputes in Europe: The Mediation Service Providers Perspective

This empirical study seeks to explore the application of mediation and online mediation in civil and commercial disputes from the perspective of service providers in France, Italy, and Belgium. A qualitative approach was used in investigating the effectiveness of mediation, the challenges that mediators face, including online, and its future perspective through the lens of service providers. This study aims to be suitable for policymakers, jurists, researchers, and mediation service providers.

Online Sports Betting in Brazil and conflict solution clauses

Sports betting sites are now a reality in Brazil. According to Exame1 magazine, in 2018, it moved around 2 billion reais per year, and with the imminent regulation of Act n. 13.756 /2018, it should move approximately 8 billion reais annually. Online gambling will only reach the peak of its market, according to Rohan Miller,2 when consumers’ risk perception is reduced or neutralized. Questions such as who to look for if something goes wrong and which laws apply in the event of a conflict should be answered clearly by the betting sites’ Terms of Service (EULAs). Therefore, this article’s general objective will be to analyze the methods of conflict resolution included in the Terms of Use of the 9 (nine) main sports betting sites used by Brazilians, namely: 1. Bet365; 2. SportingBet; 3. Betboo; 4. Betway; 5. Rivalo. 6. 22Bet; 7. Betmotion; 8. Bumbet; 9. Bet9. As a specific objective, we will analyze the mediation and arbitration procedures as well as the statistics of two ODR (Online Dispute Resolution) service sites used by the betting sites: the e-Commerce Online Gaming Regulation and Assurance (e-Cogra - online mediation service ) and Independent Betting Adjudication Service (IBAS online arbitration service). Both legally based in England. We could realize that the Brazilian bettor, as a rule, does not read the terms of service and is unaware of the conflict resolution clause provided by the website. Besides, through data analysis from eCOGRA and IBSA, we can state that Brazilian gamblers who access ODR service providers are very rare both because they are unaware and because of linguistic difficulties. Also, the chances of success in resolving conflicts in favor of the consumer through mediation are greater than through online arbitration. In short, we can say that the model established by the UK Gambling Act and the Great Britain Gambling Commission is a model that guarantees the fundamental principles of both mediation and arbitration (impartiality, due process, and easy access). The fact that arbitration and mediation are not binding on bettors under any circumstances also guarantees the parties equal treatment.

“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.

Project-based learning for the development of social transformative competence in socially engaged translators

ABSTRACT The analysis of particular experiences in the light of academic thought is bound to help us understand the impact of educational approaches on real people living in real contexts, while shedding light at a macro-level on translator education at large. This article addresses the analysis of one particular case of project-based learning on AVT for Access, in the MA in Audiovisual Translation programme offered at Hamad bin Khalifa University (HBKU), to show how academically motivated Participatory Action Research projects may lead to the development of ‘social transformative competence’ in translation students. This competence is the ability to identify areas for action and to operate social change in the process of developing and providing translation and mediation services. Socially invested professionals will be people who proactively interact with society towards change, in the search for creative solutions for existing problems. In so doing, not only will they be positioning themselves as service providers, but they will also be promoting social justice and empowering the communities they engage with. Furthermore, they could be shaping environments for emerging mediation modes, outlining new professional profiles and creating new communities of practice.

The impact of the COVID-19 pandemic on medical interpreters / cultural mediators in Italy

This contribution, prepared within the Erasmus+ ReACTMe (Research & Action and Training inMedical Interpreting) project, aims at evaluating the impact of COVID-19 on access to medical interpreting and cultural mediation services in Italy. Medical interpreters and cultural mediators, who play in Italy different although often overlapping roles, are particularly significant in removing language barriers to healthcare and social inclusion, despite the notable variation in the provision of these services in each European member state. Italy has been one of the first countries in Europe to be substantially affected by the COVID-19 pandemic in February 2020, going into lockdown as early as the beginning of March, and cancelling all non-urgent medical consultations in an effort to prevent the collapse of ICUs. A similar pattern was observed during the subsequent waves of the pandemic when healthcare services were provided to non-COVID patients although with limitations. To what extent were medical interpreting/cultural mediation services affected and how has this impacted non-Italian-speaking patients? This contribution presents the results obtained through an online survey submitted to medical interpreters/cultural mediators from all over Italy between November 2020 andJanuary 2021. The results reveal that the pandemic has negatively affected the provision of medicalinterpreting/cultural mediation services with remote communication only partially making up for the lack of onsite language support and creating new challenges for both interpreters/cultural mediators and healthcare professionals.