Professional Mediators Research Articles

Support, not blame: safe partner disclosure among women diagnosed with HIV late in pregnancy in South Africa and Uganda

BackgroundHIV partner disclosure rates remain low among pregnant women living with HIV in many African countries despite potential benefits for women and their families. Partner disclosure can trigger negative responses like blame, violence, and separation. Women diagnosed with HIV late in pregnancy have limited time to prepare for partner disclosure. We sought to understand challenges around partner disclosure and non-disclosure faced by women diagnosed with HIV late in pregnancy in South Africa and Uganda and to explore pathways to safe partner disclosure.MethodsWe conducted in-depth interviews and focus group discussions with pregnant women and lactating mothers living with HIV (n = 109), disaggregated by antenatal care (ANC) initiation before and after 20 weeks of gestation, male partners (n = 87), and health workers (n = 53). All participants were recruited from DolPHIN2 trial sites in Kampala (Uganda) and Gugulethu (South Africa). Topic guides explored barriers to partner disclosure, effects of non-disclosure, strategies for safe disclosure. Using the framework analysis approach, we coded and summarised data based on a socio-ecological model, topic guides, and emerging issues from the data. Data was analysed in NVivo software.ResultsOur findings illustrate pregnant women who initiate ANC late experience many difficulties which are compounded by the late HIV diagnosis. Various individual, interpersonal, community, and health system factors complicate partner disclosure among these women. They postpone or decide against partner disclosure mainly for own and baby’s safety. Women experience stress and poor mental health because of non-disclosure while demonstrating agency and resilience. We found many similarities and some differences around preferred approaches to safe partner disclosure among female and male participants across countries. Women and male partners preferred healthcare workers to assist with disclosure by identifying the ‘right’ time to disclose, mentoring women to enhance their confidence and communication skills, and providing professional mediation for partner disclosure and couple testing. Increasing the number of counsellors and training them on safe partner disclosure was deemed necessary for strengthening local health services to improve safe partner disclosure.ConclusionHIV diagnosis late in pregnancy amplifies existing difficulties among pregnant women. Late ANC initiation is an indicator for the likelihood that a pregnant woman is highly vulnerable and needs safeguarding. Respective health programmes should be prepared to offer women initiating ANC late in pregnancy additional support and referral to complementary programmes to achieve safe partner disclosure and good health.

Problems of development of mediation in Kazakhstan

In this article the author considers and analyses the issues of legal regulation of the institute of mediation in our country, which is an alternative method of dispute resolution. In addition, the article considers some issues of implementation of the law on mediation, as well as amendments to this law. Through mediation disputing parties can come to a mutually acceptable solution with the participation of a neutral mediator. In the course of writing the article a review of scientific and theoretical works of a number of foreign and domestic scholars on this topic was conducted, as well as the features of mediation as an institution were analysed. In the article the author compared the development of mediation institute in Kazakhstan with the experience of foreign countries. The author also analysed the advantages and disadvantages and peculiarities of the organisation of mediation in Kazakhstan. In addition, the issues hindering the expansion of the scope of application of mediation are noted. In particular, the lack of information about the institution of mediation, the associated mistrust of the population, as well as the lack of professional mediators are the main factors that hinder the development of mediation. At the end of the article, the author suggested ways to address these issues in order to pave the way for the development of mediation.

THE ROLE OF A MEDIATOR IN MANAGING ART PROJECT TEAMS

The paper reviews and analyzes approaches to the formation of project teams. The disadvantages, probability and feasibility of applying each approach to the implementation of art projects are identified. Approaches to team building and parameters for determining well-coordinated teamwork that directly affect its effectiveness are considered and analyzed. Arguments are presented for the expediency of involving a psychology specialist both for the organization as a whole and for the project team during the implementation of a specific project. Arguments are presented for the expediency of involving a mediator in projects of any field and, especially, in art projects. The roles and tasks of psychology and mediation specialists in managing art project teams are clarified in order to analyze the functional similarities and differences in their work. On the basis of this analysis, a matrix of distribution of functions is formed, which determines which of the most common situations in the work on an art project are within the competence of a psychologist, and which require the intervention of a mediator. This analysis proves the need to involve a professional mediation specialist in the implementation of art projects, along with a psychologist, for a more effective outcome in resolving conflicts and disputes, including the settlement of conflicts of interest arising in the process of negotiating and concluding agreements and contracts. This matrix can be used not only for art projects, but also as a useful tool for a project manager in the distribution of functions when engaging a mediator in projects of any kind. Two ways of involving a mediator in an art project are considered: as a full-time employee of the organization and inviting an external specialist to work on a specific project. The advantages and disadvantages of each of them are analyzed. The result of the analysis shows that it is impossible to unambiguously determine the optimal method for all art projects. Based on the priorities of the art project customer and an assessment of the advantages and disadvantages of each method, the project manager chooses the method of involving a mediator in each art project separately.

Mediation in administrative and legal disputes in Ukraine: a European perspective

The purpose of the article is to study the foreign and Ukrainian experience in the development of the institution of mediation in administrative and legal disputes. Research methods are analysis, synthesis, generalization, analogy, comparative law, analysis of court practice, and others. The article examines the requirements for a professional mediator as an element of the effectiveness of mediation in administrativelegal disputes and the European experience of normative-legal consolidation of the organization of mediation in administrative-legal disputes. The authors analyze the possibility of involving a notary as a qualified lawyer and mediator, especially in public legal disputes. The study provides examples of successful mediation implementation practices in the United States and European Union countries. In addition, the authors emphasized the need for institutional mediation to resolve administrative-legal disputes, taking into account their complexity, using France’s experience to improve publiclegal relations in Ukraine. It has been emphasized that mediation helps to reduce the burden on the judicial system, ensures a faster and more efficient resolution of administrative cases, and helps preserve the relationship between the parties, building trust between the state and the citizen.

ДАУДЫ ШЕШУДЕ МЕДИАЦИЯНЫ ҚОЛДАНУДЫҢ ӨЗЕКТІ МӘСЕЛЕРІ

Absract. The article discusses the development of one of the alternative ways to resolve disputes in court cases in the Republic of Kazakhstan - mediation. Through mediation, the disputing parties can come to a mutually acceptable solution with the participation of a third neutral mediator. In the course of writing the article, a deep review of the scientific, theoretical and methodological works of many foreign and domestic scientists on this topic was made, and the features of mediation as an institution were analyzed. In addition, when writing this work, the author used general scientific methods used in scientific analysis: systematization, comparison and content analysis. The history of mediation as a means of resolving disputes begins with the emergence of disputes themselves. Third party dispute resolution was widely used in ancient China, Japan, Jordan, Malaysia and Latin America. But with the development of the judicial institution and laws, this method was gradually forgotten. Only since the 1980s has the institution of mediation been revived in the United States and has become the preferred method of resolving many disputes. Thus, at present, mediation is widely used in many countries as one of the alternative ways of conducting court cases.And the development of mediation in Kazakhstan began after the adoption of a special law in 2011, the legal framework was approved, and the problem of expanding the scope of its application in society was raised. Centers such as "Dostasu" have been created, which train special mediators. In this paper, the author compared the development of the institution of mediation in Kazakhstan with foreign experience. In addition, the author analyzed the advantages and disadvantages, as well as the features of the organization of mediation in the Republic of Kazakhstan. In addition, the author noted the problems that hinder the expansion of the scope of mediation. Among them, the lack of information about the institution of mediation, the distrust of the population and, at the same time, the lack of professional mediators are the main limiting factors in the development of mediation. At the end of the article, according to the author, the ways of solving these problems are also presented, opening the way for the development of the institution of mediation. Key words: Mediation, mediator, alternative dispute resolution methods, court, conflict resolution, mediation, intermediary, conflict, neutrality.

Formulation of a Risk-Based Online Dispute Resolution Model for E-Commerce in Indonesia: Legal Framework and its Application

E-commerce growth in Indonesia has resulted in increased consumer disputes. This study aims to establish a regulatory framework for Online Dispute Resolution (ODR) in Indonesia using a normative legal research methodology. Secondary data from various sources, including ODR mechanisms from Shopee, Tokopedia, Bukalapak, and Indonesian regulations, were analyzed descriptively and comparatively. ODR offers benefits such as ease of use, cost-effectiveness, and avoidance of legal procedures but faces challenges like consumer awareness, standardization, and regulation. Ideal ODR models for Indonesia include E-Negotiation and E-Mediation, using AI mediators. Complex or high-risk disputes may require E-Mediation with professional mediators and Arbitration with neutral third parties. Implementing ODR models in e-commerce can benefit businesses and consumers by efficiently resolving disputes, but the appropriate model depends on the dispute's risk and complexity. Collaboration between authorities and stakeholders is crucial for ensuring ODR effectiveness in e-commerce dispute resolution and developing a suitable legal framework in Indonesia.

The Role of the Commissioner for Children's Rights in Providing Assistance in Resolving Family Disputes About Children (On the Example of the Irkutsk Region)

The article describes the content of the activities of the Commissioner for Children's Rights in the Irkutsk region on issues of assistance in resolving family disputes. Statistical information for 2017-2021 is analyzed, revealing the structure of the topic and the reasons for appeals to the regional children's Ombudsman, taken from annual reports on the observance of the rights and legitimate interests of children in the Irkutsk region. It emphasizes terminological diversity and absence of basic legal concepts and principles, vagueness of their formulations in the Russian legislation regulating intra-family relations such as «child», «child interest», «the principle of the presumption of good faith of parents», «family disputes». The main conclusions of the review of judicial and legal practice in family cases related to the determination of the child’s place of residence when parents are separated, the manner of communication and participation in his or her upbringing are presented. The significance of family mediation in the settlement of family disputes has been disclosed, as has the attitude of the State and society towards its inclusion as an obligatory procedure in Russian legislation. The article analyses the foreign experience of the development of the institute of family mediation and the main tendencies of its development, the effectiveness of the Ombudsmen for the Rights of the Child in foreign countries depending on the model of establishment of their position. The destructive role of gatekeeping in resolving family disputes about children has been shown, the possibility of training a social work specialist as a professional mediator has been substantiated, The article analyses performance of a unique role of the family mediator of the Commissioner for the Rights of the Child in the Irkutsk region due to its specificity of legal and social status in the process of work on appeals of citizens on family disputes about children.

Implementation of Mediation As Online Dispute Resolution (ODR) in Civil Jurisdiction

This writing aims to examine and analyze business/civil dispute resolution through online dispute resolution (ODR), institutionalization of mediation in civil cases in court, implementation of mediation as online dispute resolution (ODR) in civil courts, obstacles and legal implications for parties - the litigants. Mediation as an alternative dispute resolution mechanism outside the court has long been used in various business and civil cases, the environment, labor, land, housing, consumer disputes, and so on which is a manifestation of society's demand for fast, effective and efficient dispute resolution. The issuance of Perma Number 1 of 2016 concerning Mediation Procedures in Courts and Perma Number 3 of 2022 concerning Electronic Mediation in Courts further strengthens efforts to reconcile as stipulated in Article 130 HIR/154 Rbg. Even so, dispute resolution through mediation in court is actually a vulnerable mechanism, meaning that the possibility of failure is also very large. Anticipating this requires prerequisites that must be met, such as trust, willingness or willingness to waive some of the rights of each party to the dispute, and the availability of a professional mediator.

Penser et nommer l’inclusion : un horizon pour questionner les pratiques professionnelles dans le champ muséal

As a national observatory and think tank on museums and heritage, the Office for Museum Cooperation and Information (OCIM) has for forty years conducted national, territorial and thematic surveys on the development of museums, heritage, and scientific, technical and industrial culture (PCSTI). It is dedicated to understanding how institutional and professional practices evolve and what are the new and emerging trends in the field, and to supporting museum professionals and institutions in developing their projects and missions. This article presents the first results of the surveys “Approches sociales et inclusives des musées et des lieux de culture scientifique” (Social and inclusive approaches to museums and scientific cultural spaces) (2020, n =74) and “Chiffres clés des acteurs du PCSTI” (Key statistics in the field of PCSTI) (2021, data 2020 – n = 196), both intended to show how public engagement is an integral part of professional practices in mediation in the field of PCSTI in France. The two surveys reveal different ways in which inclusion and participation are embodied in the museum context, with their strengths and limitations. The article reflects on the place of ideas such as inclusion in the design of public engagement programs and strategies and how in recent years the vocabulary has evolved from using expressions like “facing the publics” or “for the publics” to the more inclusive “with the publics.” Who do we include under the umbrella expression “with the publics”? What methods can be used –whether new or not– to encourage public participation and inclusion in museums? How do these methods impact on professional mediation practices, exhibition design, management, and more generally museum thinking? Participatory museum, inclusive museum, citizen museum, museum as forum: what are the possible developments? This article provides insight on the relationship between the museum and the public, their roles and levels of engagement; whether the hope of “being inclusive” or “more inclusive” not as a turnkey project but very much as the spark that ignites a gradual shift with lasting impacts.

Conflict of Values Subject to Mediation Proceedings

The aim of this study was to reflect scientifically on the possibility of resolving value conflicts through mediation proceedings and on methods of resolving them. First, the relationship between law and values was discussed, stating that law and values form an interconnected system of vessels. When it comes to conflict resolution through mediation, law and values provide a mediator with a normative-axiological framework to communicate with the conflicting parties and assist in creating adequate solutions. A deeper analysis of the nature of value conflicts led to an observation that they are caused by divergent value systems upheld by the people involved, but that the difference in preferred values alone does not necessarily lead to conflict. A factor that is a catalyst for value conflicts is a determined imposition of one's own values on others, without tolerance towards the others’ axiology. The final section of the article emphasises that mediation is a legal and values-based instrument, but at the same time it offers an advantage of minimally formalised proceedings. This is why mediation provides an advantageous space for resolving values conflicts, when led by a professional mediator. Based on the assumption that values are non-negotiable, three possible ways for a mediator to intervene in a values conflict were identified, i.e. avoiding defining the problem in terms of values, seeking an overarching value, reframing the parties' perception of the object of the dispute and of the opposing party through the mediator’s sharing their own experience of values.

Systematization of the Factors Influencing the Activity of Private Investors in the Russian Securities Market, in the Context of Professional Mediation

The article outlines the problem of mobilizing the resource potential of private investors through the mechanisms of professional mediation in the securities market. The significance of the processes of transformation of private savings into investments for the purposes of ensuring economic growth and the stability of the economic system of the Russian Federation is beyond doubt. This aspect becomes especially relevant in the context of the sanctions load. In view of the limited nature of Russian institutional investors and the decrease in the share of non-residents in the turnover on the Russian securities market, the emphasis is shifting to private investors. Professional intermediaries providing investors with the necessary services, investment products and infrastructure solutions are able to contribute to the sustainable presence of private investors in the market. The authors present a detailed analysis of the processes of development of private investment using the mechanisms of professional mediation in the securities market, identifying cause-and-effect relationships of the current dynamics for the period 2017–2021. The study made it possible to identify a number of factors that determine the presence and activity of private investors in the market. The systematization of these factors has been carried out, taking into account the possibility of professional intermediaries influencing the processes of attracting private investors to the market. Using a graphical modeling method in the form of an Ishikawa relationship diagram, the factors were prioritized both by groups of factors and within each group. The results of the study can be used to modify the activities of professional intermediaries in the securities market in order to maintain the growth rate of the number of private investors and maximize their activity.

Settlement of labor disputes through mediation

The article is devoted to the issue of settlement of labor disputes through mediation. It is noted that labor disputes are one of the most numerous legal disputes and the most common among the jurisdictional forms of protection of labor rights is judicial protection. But in the conditions of war, when many workers became internally displaced persons, were forced to leave our state, courts do not work, there is a need to find alternative justice. Mediation is an effective mechanism for out-of-court dispute resolution.
 It is noted that the expediency of using the mediation procedure as a primary way to protect the rights and legitimate interests of the parties to labor relations, compared to litigation and CCC proceedings, is evidenced by the fact that such mediation can provide a speedy resolution of labor disputes. The institute of mediation is a positive legislative decision in Ukraine, which will reduce the duration of labor disputes, the cost of litigation from the state budget, reduce the workload of courts.
 It is concluded that mediation as a way of resolving labor disputes is an extrajudicial voluntary, confidential procedure initiated by the subjects of labor law (employee or employer) to involve an independent, impartial, professional mediator (mediator) to achieve a joint settlement of labor disputes and continue labor relations between them.
 Although there is a growing interest in mediation of labor disputes, the low level of legal culture, low level of trust in mediation, lack of awareness of society in general and citizens in particular about mediation, its benefits as an alternative to litigation, the difficulty of choosing a mediator as a highly professional does not contribute to the rapid development of mediation of labor disputes.
 In the conditions of martial law, mediation of labor disputes is especially relevant. After all, the imposition of martial law throughout the country was reflected in the administration of justice by the courts of Ukraine. In order to prevent threats to the lives and health of judges and participants in the trial in the temporarily occupied territories of the state, the administration of justice has been suspended. In other areas, the courts continue to administer justice, however, with certain features and to ensure the smooth operation of the courts during the war is extremely difficult. Therefore, in a state of war, mediation is an alternative to the judicial process of resolving labor disputes and resolving conflicts.

Introduction of the ombudsman institute in the insurance market of Ukraine

The insurance industry plays an important role in the economy, contributing to the intermediation and risk-bearing mechanism. At the same time, the insurance industry contributes to socio-economic growth due to accumulated long-term financial resources that can be directly used in the economy. The purpose of the article is to develop recommendations on the possibility of creating an insurance ombudsman institute in Ukraine based on international experience. The set goal determined the solution of the following tasks: to investigate the legal aspects of the activity of the financial ombudsman in different countries and provide their comparative characteristics; to determine the specifics of the implementation in Ukraine of the alternative dispute resolution mechanism on the insurance market; justify the benefits of activating the activity of the insurance ombudsman institute in Ukraine. In the process of carrying out a scientific search, such general scientific methods as: abstract-logical; monographic; comparative; graphic; dialectical method; comparative legal method; structural-functional method. The peculiarities of the functioning of the relevant alternative mechanisms for resolving insurance disputes in different countries, the mechanisms for dealing with customer complaints, and the resolution of disputes with the participation of a professional mediator were studied. It was determined that in world practice, two main models of financial ombudsmen are usually distinguished: British and German. It is substantiated that the introduction of the insurance ombudsman institute in Ukraine as an alternative platform for considering complaints will have advantages for all participants of the insurance market.It has been proven that the activities of such an institution can consider disputes related to settlement of claims, wrongful sale, payment of insurance premiums, legal registration of the policy, delay of settlements, failure to issue insurance documents, etc. Such an insurance ombudsman institution will be responsible for protecting the interests and handling policyholder complaints, and the main purpose of the ombudsman’s activities is to handle policyholder complaints outside the court system in a cost-effective and impartial manner

Legal institute of lobbying: the problem of legislative regulation in Ukraine

The article examines the problem of legislative regulation of the socio-political institution of lobbying in Ukraine on the basis of borrowing similar experience from developed democracies using the dialectical method. It is noted that lobbying should be considered as one of the democratic institutions of influence of the public and business structures on decision-making by public authorities (representation of interests), namely as a professional mediation activity between society and government. Legislative regulation of the institution of lobbying in Ukraine may not restrict other rights of citizens regarding their influence on the authorities, which are guaranteed by the Constitution of Ukraine and defined by national legislation (for example, the right to appeal to the authorities, the right to participate in the management of public affairs through advisory bodies, parliamentary hearings, public discussions, etc.). It is concluded that the most pressing aspects of the problem of legal institutionalization of lobbying in Ukraine, which need to be addressed, are the following: development of theoretical-methodological foundations of lobbying in national political-legal realities, taking into account similar foreign experience; a comprehensive approach to the legislative regulation of lobbying activities at all levels of public authority, and on the basis of clear harmonization of lobbying rules with legislation in related areas; legislative definition of the concept and all components of lobbying activities, the legal status of lobbyists; particular attention should be paid to the development of ethical rules for the lobbying profession, which should be based on the principles of legality, transparency, openness and integrity.

Comment se questionnent les pratiques d’injection ? Retours méthodologiques de terrain

Cet article propose un regard réflexif sur le recueil et la production de données quantitatives auprès de populations dites « cachées » et difficiles à atteindre, concernant l’usage de drogues par voie intraveineuse. Il s’appuie sur les observations de la passation de 152 questionnaires au cours de l’étude multidisciplinaire RESEAU. Il aborde une partie des difficultés rencontrées par l’enquêteur·trice de terrain dans la mise en place et le développement du lien de confiance avec l’enquêté·e malgré la médiation obligée de professionnel·le·s pour la mise en contact. Aussi, il présente les difficultés de positionnement du discours de l’enquêteur·trice, en tension entre distance et conseil. Cet article expose également l’existence d’un décalage entre l’explicitation technique des pratiques et l’expérience intime des usager·ère·s. Enfin, il met en lumière les difficultés de gestion des questions « délicates » et des conflits dans la relation d’enquête. Ces retours d’expérience de terrain qualitatifs au sein d’une méthode de passation de questionnaire quantitatif permettent de mettre en avant la complémentarité de ces méthodes et les apports de leur utilisation.

Administrative Offense Proceedings and Pre-Trial Dispute Resolution in the BRICS Countries

This article offers a comparative analysis of the particularities of the implementation of proceedings in cases of administrative offenses and pre-trial dispute resolution in the BRICS member states. The article observes that in the BRICS countries, the issues of pre-trial dispute settlement are resolved using the same mechanisms: negotiation and conciliation procedures, including mediation. The implementation of these mechanisms is possible by the parties to the dispute themselves, with the participation of third parties such as proxies or legal representatives who may be interested in carrying out the procedures, and with the services of independent, professional mediators. The article draws attention to the fact that the Federative Republic of Brazil, the Russian Federation, the Republic of India, the People’s Republic of China and the Republic of South Africa belong to different legal families, which undoubtedly is a feature of the legal regulation of their administrative offense proceedings as well as of their pre-trial dispute resolution. The article finds that Roman law largely influenced all of the BRICS countries, with the exception of India, whose legal system was formed under the influence of English law, and that the versatility of legal regulation does not allow one to speak fully about the balance of administrative legislation in the studied areas. Furthermore, it is characteristic of all of the BRICS countries that administrative punishment cannot be aimed at humiliating the human dignity of a natural person, causing him or her physical suffering, nor can it be aimed at damaging the business reputation of a legal person. The similarity of the tasks of the administrative legislation of the BRICS countries is noted, which should include the protection of the subjective rights and interests of citizens, ensuring the rule of law, the protection of public order and public safety, and the prevention of administrative offenses. Through the discourse presented by the authors, the concept of an administrative offense is revealed; the acts regulating the proceedings in cases of administrative offenses are considered, as well as the tasks and principles established by national legislation in this direction. Furthermore, the similarities and differences in the legal regulation of proceedings in cases of administrative offenses and pre-trial settlement of disputes are revealed.

REGISTERS OF MEDIATORS IN EUROPE: COMPARATIVE AND LEGAL ANALYSIS

The article considers the approaches to maintaining registers of professional mediators in different European countries, in order to apply this experience in Ukraine. General and special methods were used for the research, in particular the method of analysis, synthesis, deduction, and induction, as well as the method of comparison. Three groups of registration systems were analyzed: the first – which is carried out by public authorities, the second – by one organization, the third – by bodies and organizations. The advantages and disadvantages of these approaches were highlighted. The purpose and functions of the registers of mediators were determined. The article draws attention to the requirements for mediators in order to be included in the list (register). It was found out that the registration is a confirmation of the mediator’s qualifications.

Administrative mediation in the light of institutional transformations in Ukraine

The article highlights the social significance of administrative mediation, which consists in the organization and development of civil society institutions (for example, public associations of mediators), including their public control over public administration as a system of bodies and organizations designed to implement goals and objectives given by the political (representative) power of the state. With the help of administrative mediation, society can legally «signal» to the representative authorities about certain problems in public relations (for example, on the basis of depersonalized statistical information and reports provided by associations of mediators), eliminate and find compromise in overcoming shortcomings of public administration together with the government and, finally, to move the process of modernization of the executive branch towards finding consensus at all levels of interaction between the state and society. The article proposes the author’s definition of «administrative mediation» as an extra- judicial legal form of voluntary settlement of an administrative dispute involving two or more parties, one of which is a subject of power, and a professional mediator arising from a violation of administrative law. The article presents a number of special features and characteristics of administrative mediation, which, unlike other types of mediation, require the application of specific institutions. For instance: inequality of the parties, the dispute is based on the public interest; the principles of confidentiality and voluntariness are relative; complex structure of the mediator’s financial reward; requires the involvement of independent experts; special requirements for the mediator. The article proposes the criteria according to which an administrative dispute can or cannot be resolved through the procedure of administrative mediation. The article proposes a number of legislative initiatives regarding the institutionalization and development of the institution of administrative mediation in Ukraine. Among them, it is proposed to introduce a special section in the Code of Administrative Procedure of Ukraine «Mediation» (as was done in Poland), where, among other things, clearly define the restrictive framework (criteria) for administrative disputes, according to which the procedure of administrative mediation can be applied.

He Influence of Role Conflict, Time Burden and Competence on Professionalism and Ability of Internal Auditors to Detect Fraud at the Inspectorate General of the Ministry of Education and Culture in Indonesia

The word "fraud" is a word that exists today. There are no business entities or institutions that are entirely devoid of the risk of fraud. People who commit crimes can be found in every socioeconomic class. As a result, there's a requirement for various stakeholders to be concerned and aware of the possibility of fraud in the workplace. The purpose of this research is to study the impact of role conflicts, workload, and internal auditors’ ability to detect fraud. Collecting data using a questionnaire which is measured by a Likert scale. The population in this study were all internal auditors of the Inspectorate General of the Ministry of Education and Culture. The saturated sample consisted of 300 respondents. The data analysis method uses SEM-PLS modeling through the SmartPLS version 3.0 program. By testing the validity, reliability, R Square value, F Square value, Q Square value. Testing the hypothesis using the bootstrap T-test method. The results of the study stated that role conflict and time burden had a negative and significant effect on professionalism, but competence had a positive and significant effect on professionalism, role conflict, and time load had a negative and significant effect on the ability to detect fraud, but competence and competence. professionalism has a positive and significant effect on the ability to detect fraud. Role conflicts, time, and professional burdens can affect the ability to detect fraud indirectly through professional mediation. This study requires careful planning and clear authority and responsibility to conduct field audits and the need to increase competence to increase the professionalism of auditors in detecting.

Triaging and Mediating to Meet the Needs of Families Under The Family Dispute Resolution (Pilot Project) Act of Manitoba

The Family Dispute Resolution (Pilot Project) Act of Manitoba (“FDRA”) creates a three-year pilot project which will mandate the resolution of certain family disputes outside of the courts. Under the FDRA, “resolution officers” will be responsible for triaging families into these alternative resources. Currently, without supplementary regulations, the FDRA provides insufficient guidance to resolution officers to enable them to conduct this triaging role effectively. This is problematic as triaging is the first major step in the FDRA process and will set the course for the parties’ entire dispute resolution experience under the new scheme. Given the importance of this step, and the likelihood that mediation will be one of the primary processes used to resolve disputes under the FDRA, I have attempted to create enhanced guidelines to help resolution officers match parties to the optimal type of mediation to fit their particular needs. These guidelines, which can hopefully help to inform the future drafting of regulations to the FDRA, were informed by both the mediation literature and the results of qualitative interviews which I conducted with some of Manitoba’s most knowledgeable family mediators. Ultimately, I outline several factors which can impact the resolution of family disputes through mediation, and which must therefore inform the triaging decisions of resolution officers. I also argue that resolution officers should be required to receive specific professional mediation designations, and that to facilitate the most successful implementation of the FDRA, the government should not only take the insights from my research into consideration but should also commit to further consultations with our province’s family mediators and other ADR professionals.