Promise Of Mediation Research Articles

Целесообразность корректировки объективной стороны деяния, предусмотренного частью 5 статьи 291.1 УК РФ «Посредничество во взяточничестве»

The modern realities of the public life of the Russian state require the modernization of legal norms regulating the counteraction of state bodies to manifestations of corruption. The article attempts to substantiate the possibility of decriminalization of the “promise of mediation in bribery”.

MEDIATION IN BRIBERY: CURRENT PROBLEMS OF LAW ENFORCEMENT

This article provides a complete and comprehensive analysis of the norms of legislation regulating the issues of combating corruption crimes on the example of mediation in bribery. Using the comparative legal method of scientific cognition, the main national normative legal acts regulating the fight against corruption, as well as normative legal acts of the Soviet period, are analyzed. The scientific article also analyzes the provisions of federal laws and by-laws of state authorities regulating the issues we have raised. In addition, the analysis of the law enforcement practice of law enforcement agencies and courts responsible for the organization of work on the identification, prevention and suppression of corruption crimes, as well as criminal prosecution for their commission, has been carried out. The article also reveals the law enforcement and other problems of bringing to criminal responsibility for mediation in bribery, the promise of mediation in bribery and "imaginary mediation", the criminal law analysis of these crimes by their elements is carried out. Based on the results of the analysis, proposals aimed at further improving the regulatory framework relating to the issues of countering corruption crimes have been derived.

The promise of mediation in sport-related disputes

The article examines the role that mediation can play and the added value it may bring to the resolution of sport-related disputes. Due to the pivotal role, arbitration has traditionally played in sport, the question posed in this article is not whether mediation should replace arbitration as a mainstream dispute resolution process. It only suggests that mediation should be institutionalized and used in appropriate sport-related disputes, primarily in contractual, commercial, and employment-related disputes as well as in disputes emanating from membership in sport organizations, as an alternative to going directly either to arbitration or to the courts. To substantiate the argument, the article explores and analyzes the limits of arbitration and the special advantage and potential contribution of mediation in sport disputes, in terms of efficiency and flexibility, privacy and parties’ autonomy, and better and more sustainable outcome, enhancing access to justice, ability to deal with non-arbitrable disputes and preserving business and personal relationships. Notwithstanding the advantages, the article highlights two possible shortcomings of mediation in sport, namely, lack of finality and loss of rulemaking opportunities, and discusses the special barriers that stand in the way of developing mediation in sport-related disputes. Finally, the article maps the state of mediation in sport, especially the degree of institutionalization of mediation on the international level, such as the CAS, ECA, WBC, and IIHF and provides recommendations for promoting the idea of mediation in sport.

Transformative Mediation: A Critique

This article was written shortly after the publication of the Second edition of ‘The Promise of Mediation’. The article examines the book and its ideas from the perspective of a UK mediation practitioner. It considers the contribution the book has made to the development of mediation, both as a critical evaluation of existing practice and as an inspiration for practitioners, including the author. It describes three major critiques of The Promise of Mediation before turning to the question: does Transformative Mediation provide a coherent theory of mediation? In answering the question, the article considers what the urge for such a theory tells us about the stage of development of the mediation profession.

Participants' Attitudes in the Utah Juvenile Victim‐Offender Mediation Program

ABSTRACTThis paper describes an archival evaluation of the Juvenile Court Victim‐Offender Mediation Program (VOMP) of the Utah State Courts in Salt Lake City. From 1997 to 2000, 147 victims and 330 offenders reported their attitudes towards their experiences in VOMP. Although victims were more satisfied than offenders for some outcomes, all participants reported exceptionally high satisfaction. These promising results are consistent with other published studies on the effectiveness of VOMP and other forms of restorative justice in demonstrating the promise of mediation in criminal justice.

Transformative Mediation; A New Current in the Mainstream

Robert A. Baruch Bush and Joseph P. Folger, The Promise of Mediation; Responding to Conflict Through Empowerment and RecognitionChris Maser, Resolving Environmental Conflict; Towards Sustainable Community Development

Inviting fortuitous events in mediation: The role of empowerment and recognition

AbstractThis article describes how The Promise of Mediation (Bush and Folger, 1994) sheds light on key moments in mediation and inspires rethinking of standard practices of divorce mediators. The author finds that the concepts of Bush and Folger provide a framework for better understanding the role of the mediator as well as how to teach mediation.

Selected by the Institute of Industrial Relations Liberary University of California at Berkeley

Catching the Wave: Workplace Reform in Australia. By John Mathews. Comparable Worth and Gender Discrimination: An International Perspective. By Morley Gunderson. Cooper Crucible: How the Arizona Miner's Strike of 1983 Recast Labor‐Management Relations in America. By Jonathan D. Rosenblum. Cultural Diversity in the Workplace: Issues and Strategies. By George Henderson. The Employer's Legal Handbook. By Fred S. Steingold. The Future of Industrial Relations: Global Change and Challenges. By John Niland, Chrissie Verevis, and Russell D. Lansbury. Labor and Community: Mexican Citrus Worker Villages in a Southern California County, 1900–1950. By Gilbert G. Gonzalez. Labor Arbitration: An Annotated Bibliography. Edited by Charles J. Coleman and theodora T. Haynes. Labour's Dilemma: The Gender Politics of Auto Workers in Canada, 1937‐79. By Pamela Sugiman. The Promise of Mediation: Responding to Conflict through Empowerment and Recognition. By Robert A. Baruch Bush and Joseph P. Folger. Ranbow at Midnight: Labor and Culture in the 1940s. By George Lipsitz. Success While Others Fail: Social Movement Unionism and the Public Workplace. By Paul Johnston. Trade Union Growth and Decline: An International Study. By Walter Galenson.