Willingness Of Parties Research Articles

Regulation of the Role of Mediators in Efforts to Resolve Employment Disputes: A Comparative Study of Indonesia and United Kingdom

This study aims to examine the regulatory frameworks for mediators in employment dispute resolution in Indonesia and the United Kingdom. The research method involves a comparative analysis of the two countries' approaches to regulating the mediation process, mediator qualifications, and the enforceability of mediated agreements. The findings of the study indicate that a robust regulatory environment is crucial in ensuring the credibility and reliability of the mediation process, which in turn increases the willingness of parties to engage in mediation and improves the overall outcomes of employment disputes. The research identifies key considerations for the development of a future regulatory framework, including the need to strike a balance between confidentiality and transparency, strengthen the enforceability of mediated agreements, and harmonize the standards for mediator training, accreditation, and ethical guidelines. The research results suggest that the implementation of a regulated system for case reporting, the development of specialized tribunals or procedures for efficient enforcement of mediated agreements, and the establishment of comprehensive national standards for mediator qualifications and continuous professional development would contribute to the overall effectiveness of mediation as a dispute resolution mechanism in both developed and developing country contexts.

Illusory interparty disagreement: Partisans agree on what hate speech to censor but do not know it

Whether and when to censor hate speech are long-standing points of contention in the US. The latest iteration of these debates entails grappling with content regulation on social media in an age of intense partisan polarization. But do partisans disagree about what types of hate speech to censor on social media or do they merely differ on how much hate speech to censor? And do they understand out-party censorship preferences? We examine these questions in a nationally representative conjoint survey experiment (participant N = 3,357; decision N = 40,284). We find that, although Democrats support more censorship than Republicans, partisans generally agree on what types of hate speech are most deserving of censorship in terms of the speech's target, source, and severity. Despite this substantial cross-party agreement, partisans mistakenly believe that members of the other party prioritize protecting different targets of hate speech. For example, a major disconnect between the two parties is that Democrats overestimate and Republicans underestimate the other party's willingness to censor speech targeting Whites. We conclude that partisan differences on censoring hate speech are largely based on free speech values and misperceptions rather than identity-based social divisions.

Acute stress during witnessing injustice shifts third-party interventions from punishing the perpetrator to helping the victim.

People tend to intervene in others' injustices by either punishing the transgressor or helping the victim. Injustice events often occur under stressful circumstances. However, how acute stress affects a third party's intervention in injustice events remains open. Here, we show a stress-induced shift in third parties' willingness to engage in help instead of punishment by acting on emotional salience and central-executive and theory-of-mind networks. Acute stress decreased the third party's willingness to punish the violator and the severity of the punishment and increased their willingness to help the victim. Computational modeling revealed a shift in preference of justice recovery from punishment the offender toward help the victim under stress. This finding is consistent with the increased dorsolateral prefrontal engagement observed with higher amygdala activity and greater connectivity with the ventromedial prefrontal cortex in the stress group. A brain connectivity theory-of-mind network predicted stress-induced justice recovery in punishment. Our findings suggest a neurocomputational mechanism of how acute stress reshapes third parties' decisions by reallocating neural resources in emotional, executive, and mentalizing networks to inhibit punishment bias and decrease punishment severity.

Socio-economic determinants for the deployment of Climate-Smart One-Health innovations. A meta-analysis approach prioritizing Ghana and Benin

An ecosystem is inhabited by organisms that rely on it for their livelihoods. For an ecosystem to sustain life, its life-supporting components must be alive to be able to preserve both the ecosystem’s life-supporting components like soil, vegetation, water, etc., and the living organisms inhabiting the ecosystem like humans, birds, domestic, and wild animals, termed as the One-Health concept. This is indispensable for the sustainability of life. Several factors determine the ability of the ecosystem to provide ecosystem services and support life, more so amidst climate change. Hence, climate-smart (CS) One-Health innovations are essential to maintain the integrity of the ecosystem to be able to support life. However, factors that could effectively determine the deployment of such CS One-Health innovations are not well identified. This paper, closes the knowledge gap through a systematic review of literature for a meta-analysis of the socio-economic determinants for the successful deployment of CS One-Health innovations. Using a scoping review methodology, search engines like Google Scholar, PubMed, Scopus, and AgriEcon were explored extensively for literature on CS One-Health innovations. Search results were then screened and only articles that met the inclusion criteria were considered in this study. Subsequently, appropriate articles were identified for data extraction. Results revealed that political will, community participation, knowledge of CS One-Health practices, the willingness of parties to engage in multi-disciplinary collaborative activities, and level of investment (income/funds) were enablers for the deployment of CS One-Health innovations. On the other hand, behavior incompatibility with innovations, policy failure to restrict the use of toxic substances in agriculture, poor community knowledge of CS One-Health innovations, and language barriers between communities and innovators, hindered such deployment. Hence, multiple factors (fostering and hindering) must be addressed in a multi-disciplinary framework to ensure the successful deployment of CS One-Health innovations.

Does the international Court of Justice have an impact on security on the African Continent?

Africa has been home to several conflicts and insecurity due to several challenges ranging from climate change, hunger and malnutrition, diseases, increase in population and the scramble for the scanty resources on the continent. Among the problems in the continent is the border/territorial dispute occasioned by the demarcation and delimitation of boundaries by the colonial masters. These conflicts relating to border or territorial boundaries have exacerbated. Some of these cases were filed before the ICJ for adjudication and settlement. It is in the light of this that this paper examines the impact of the ICJ on security in Africa. The paper adopts the doctrinal method and examines the purpose of the League of Nations and the United Nations. The paper finds that the League and UN Charter encourages pacific settlement of disputes which includes judicial settlement. The paper notes that ICJ is the principal judicial organ of the UN and that the ICJ has settled several boundary disputes in Africa. Without the intervention of the ICJ these disputes had the potential to cause instabilities and full-scale wars. It observes that these settlements engenders peace and security and increases the confidence of African states in the Court. It further observes that ICJ also resolves cases that do not have boundary colorations. The paper notes that African states are willing to implement the decisions of the Court although they have not done so to demonstrate their willingness and readiness to obey international law. Instead there have been external influences or motives that have greatly contributed to the way states respond to the Court’s decision and notes that it can be argued that states have quickly complied with the decision of the ICJ when such decisions are in line with their domestic or political interests. The involvement of ICJ in resolving disputes in the region further reveals the continents growing confidence in the Court as the appropriate forum to resolve their disputes. This confidence has been demonstrated by the willingness of some African States to submit cases unrelated to territorial boundaries to the ICJ. These submissions reaffirm not only the willingness of parties to seek intervention of the ICJ to settle their disputes, but also the role and supremacy of the rule of law as the guiding framework to settle disputes among parties. The choice of the Court as a neutral arbiter removes the likelihood of bitter confrontation between governments and their peoples, particularly local communities, who may be unwilling to accept the outcome of the dispute. Based on the findings and observations, the paper recommends that ICJ should co-opt other regional and continental mechanisms in resolving boundary disputes. The paper notes the achievement of the AUBP and further recommends that ICJ should be a court of last resort for states. It then concludes by noting that Africa must be ready to find African solutions to African problems as regional mechanisms have better chances of understanding and resolving disputes better.

Can democratic values bring the parties to the table in a protracted, Middle Eastern conflict? The attitudes of youth in the context of the Arab- Israeli conflict

ABSTRACT How do democratic values affect the willingness of parties to reconcile in the context of protracted conflict? Based on a survey of 2171 students conducted in Israel, Palestine, Egypt, Jordan, and Tunisia between 15 November 2015 and 10 March 2016, the results indicate that democratic values and the willingness to reconcile are not necessarily positively correlated; in fact, in some cases, the correlation is negative. The main argument of this article is that neither democratic values nor democratic regimes can guarantee reconciliation or peace, but liberal democratic values and democratic regimes working together can decrease or even help reject the unwillingness to reconcile. The value of justice, just solution, protected values, threat perception, interests, nature and reality of the regime for example, can also explain peaceful attitudes. Finally, this article theorizes that individual and state level actors working together can contribute to understanding democratic peace processes and reconciliation between countries.

Incentivizing Accessible Design

When scholars contemplate the legal tools available to policymakers for encouraging innovation, they primarily think about patents. If they are keeping up with the most recent literature, they may also consider grants, prizes, and taxes as means to increase the supply of innovation. But the innovation policy toolkit is substantially deeper than that. To demonstrate its depth, this Article explores the evolution of designs that help people with disabilities access the world around them. From artificial limbs to the modern wheelchair and the reshaping of the built environment, a variety of legal doctrines have influenced, for better and for worse, the pace and direction of innovation for accessible design. This Article argues that two of the most important drivers of innovation for accessible design have been social welfare laws and antidiscrimination laws. Both were responsible, in part, for the revolution in accessibility that occurred in the second half of the twentieth century. Unlike standard innovation incentives, however, these laws operate on the “demand side.” Social welfare laws and antidiscrimination laws increase the ability and willingness of parties to pay for accessible technology, ultimately leading to greater supply. But in doing so, these laws generate a different distribution of the costs and benefits of innovation. They also produce their own sets of innovation distortions by allowing third parties to make decisions about the designs that people with disabilities have to use. The law can promote innovation, and it can hinder it. The law’s relationship to the wheelchair, the most important accessibility innovation of the twentieth century, produced both results. Policymakers have choices about which legal incentives doctrines they can use and how they can use them. This Article evaluates those tools, and it provides guidelines for their use to encourage accessible technology in particular and innovation generally.

Self‐punishment promotes reconciliation with third parties by addressing the symbolic implications of wrongdoing

AbstractSelf‐punishment is a highly costly—and potentially harmful—way transgressors can respond to a wrongdoing. In this research, we propose that people might punish themselves in part because it has a communicative social function. Three studies using hypothetical vignettes showed that self‐punishment facilitates reconciliation with third party observers by addressing the symbolic implications of wrongdoing. Specifically, self‐punishment establishes a moral value consensus and/or diminishes offender status/power, and through this, increases third party perceptions of justice and transgressor remorse, and the third party's willingness to reconcile. This effect was robust to manipulations designed to make third parties question the sincerity of the self‐punisher's intention. Self‐punishment thus serves a beneficial interpersonal function by repairing social bonds between transgressors and their peers.

A governing framework for international ocean acidification policy

Ocean acidification (OA) is a major emergent stressor of marine ecosystems with global implications for biodiversity conservation, sustainable development and economic prosperity. International action is imperative for addressing it. This paper builds a science-based governing framework, identifying three overarching policy objectives and six areas for action that should be pursued so as to minimise this global problem. No unifying OA treaty or legal instrument with the explicit task of addressing OA currently exists and it looks highly unlikely that any will eventuate. A more pragmatic approach is to use existing multilateral agreements. However, taking on OA as a unified problem seems to be beyond the scope of existing agreements, due to structural limitations and the willingness of Parties. Given this, it is more likely that OA will be addressed by a network of agreements, each responding to discrete elements of the problem of OA within their capabilities. However, it is unclear how existing MEA capabilities extend to addressing OA. This paper therefore offers an analytical framework through existing governance structures can be explored for their capabilities to respond to OA.

Intergroup Bias Influences Third-Party Punishment and Compensation: In-group Relationships Attenuate Altruistic Punishment

Intergroup relationships can impact on a third party's willingness to punish a violator, but few researchers have explored how intergroup relationships affect third-party compensation tendencies. We recruited 163 participants to observe a dictator game, and then choose either to punish the dictator or compensate the recipient, each of whom could be from the participant's in-group or out-group. Third parties often chose not to punish in-group dictators and to compensate both in-group victims and out-group victims. When out-group members transgressed against the in-group, participants punished these out-group members just as often as they compensated the in-group recipients, although they punished out-group dictators more harshly than others overall. However, when both proposer and recipient came from the out-group, participants often did not intervene. We also found that third-party punishment and compensation were related to individual differences in participants' trait empathy and Machiavellianism. Our findings shed light on the modulating effect of intergroup relationships on third-party altruistic decisions.

The unintended consequences of parliamentary involvement: Elite collusion and Afghanistan deployments in Canada and Germany

This article argues that there is a need to question whether parliamentary involvement actually leads to the intended effects of increased democratic deliberation and responsiveness. We compare the unintended consequences of parliamentary votes on the use of force in two ‘most-different cases’: Canada and Germany. Despite substantive differences in the formal war powers of their parliaments, we find that military deployment votes on Afghanistan led to less democratic deliberation and responsiveness. Applying rationalist institutionalism, we argue that the deployment votes incentivised major parties to collude together to lessen debate on the Afghan mission, despite increasing public opposition and media attention. Rather than enhancing deliberation and responsiveness, as assumed by proponents of greater parliamentary involvement in military decisions, these parliamentary votes effectively diminished the willingness of parties to debate the mission.

The Importance of Mutual Consent in Social Relationships under the Shariáh

Consent is recognized under Islamic Law as a necessary element in any social relationship (muamalat) between individuals. The importance of mutual consent between parties is regarded as predominant in various economic and non-economic activities, including business transactions, marriage contracts, punishment of criminal offenders and even for those seeking medical treatment. Thus, the requirement for mutual consent is indispensable in any transaction, without which the contract will be declared as null and void and ultimately, carries no legal effect. This is based on Quranic verse which states: “O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent” (4:29). The Prophet Muhammad (peace be upon him) has also been reported to have said: “Sale is but based on mutual consent”. These evidences clearly depict that all transactions must be based on free willingness of parties involved and the principles governing consent under the Shariah has three basic elements, that is, (i) Intention (Niyyah); (ii) Will (Irādah); and (iii) Choice (Ikhtiyār). Particularly, for those seeking medical treatment, consent is regarded as an indispensable element which must be obtained prior to executing the medical treatment. A doctor is under a duty to obtain consent from his patient beginning from the stage of informing the material risks to the patient until the completion of the medical treatment. Once consent has been obtained in accordance with the demands of the Shari’ah, then only the medical treatment will be considered to have been legally performed.

Optimality versus stability in water resource allocation

Water allocation is a growing concern in a developing world where limited resources like fresh water are in greater demand by more parties. Negotiations over allocations often involve multiple groups with disparate social, economic, and political status and needs, who are seeking a management solution for a wide range of demands. Optimization techniques for identifying the Pareto-optimal (social planner solution) to multi-criteria multi-participant problems are commonly implemented, although often reaching agreement for this solution is difficult. In negotiations with multiple-decision makers, parties who base decisions on individual rationality may find the social planner solution to be unfair, thus creating a need to evaluate the willingness to cooperate and practicality of a cooperative allocation solution, i.e., the solution's stability. This paper suggests seeking solutions for multi-participant resource allocation problems through an economics-based power index allocation method. This method can inform on allocation schemes that quantify a party's willingness to participate in a negotiation rather than opt for no agreement. Through comparison of the suggested method with a range of distance-based multi-criteria decision making rules, namely, least squares, MAXIMIN, MINIMAX, and compromise programming, this paper shows that optimality and stability can produce different allocation solutions. The mismatch between the socially-optimal alternative and the most stable alternative can potentially result in parties leaving the negotiation as they may be too dissatisfied with their resource share. This finding has important policy implications as it justifies why stakeholders may not accept the socially optimal solution in practice, and underlies the necessity of considering stability where it may be more appropriate to give up an unstable Pareto-optimal solution for an inferior stable one. Authors suggest assessing the stability of an allocation solution as an additional component to an analysis that seeks to distribute water in a negotiated process.

The Culture of German Tort Law

Important tributaries that feed into the culture of German tort law go back to the values of the late 19th century, lessons drawn from the catastrophe of the Third Reich, and core principles of the constitutional regime that was created in 1949. The single most relevant influence today – despite the economic pressures that have led to substantial cuts in many areas – may be the social security system, which has roots both in the reforms initiated by Otto von Bismarck and the social state principle of the German Basic Law. Other issues explored by the author in this very modest attempt to map new trends and identify some of the many cultural factors that in their sum determine how contemporary German tort law plays out in daily practice include the rate of litigation, the willingness of parties to adopt alternative approaches to the resolution of their disputes, the influence of legal expenses insurance, and the level of damages awarded by German courts. The common thread through all of these topics is the role that judges play in the development of the law not only in tort but in just about every part of the German legal system. The true oracle of German law today is not the legislator but the judge.

Coalition formation and polarisation

Party ideology plays an important role in determining which government coalitions form. Research on coalition formation tends to focus on the ideological distance between coalition parties. However, the distribution of preferences within the coalition, and the legislature, also has implications for which government coalition forms – that is, a party's willingness to join a coalition depends not only on its prospective coalition partners, but also on the alternative coalitions it could form. Several hypotheses about the effects of legislative polarisation are offered and tested using data on coalition formation in 17 parliamentary democracies in the postwar period. This article also demonstrates how the traditional measure of ideological divisions within coalitions fails to capture certain aspects of ideological heterogeneity within the cabinet (and the opposition) and how Esteban and Ray's polarisation index helps in addressing these deficiencies.

Reducing International Terrorism: Negotiation Dynamics in the U.S. Cuba Skyjack Crisis

Hijack terrorism was a major national security problem in the United States during the late 1960s; aerial piracy incidents reached an epidemic level. Most events had a common scenario: armed hijackers boarded flights in the US and threatened death to passengers and crew if the aircraft was not diverted to Cuba, where political asylum awaited them in Castro's Communist regime. The problem was resolved through a combination of technology developments to prevent skyjack occurrence and bilateral negotiations between the American and Cuban governments leading to the Anti-Hijacking Accord of 1973. Rates of hijacking fell sharply. What was the role of negotiation in halting terrorism? How did negotiations proceed? Any lessons for ending other terrorist campaigns? This analysis examines the conditions leading parties to negotiate, reach agreement and implement it, drawing on factors identified in other international dispute resolution contexts (mutual hurting stalemate, party willingness, turning points, conflict duration, political pact) plus the meaning attributed to the concept of terrorism by each party. Using terrorist event data, the three phases of hijack acativity and negotiation attempts, Congressional Hearings and US declassified documents, the key finding shows that prospects for resolution depend largely on turning points linked to party shifts in the concept of terrorism, moving the focus from political motivation to criminal act.

Trust‐effectiveness patterns in schools

PurposeTo investigate the consequences of relational trust, especially parent measured trust, for desirable school outcomes.Design/methodology/approachUsing a US Midwestern state sample of 79 schools, parent and teacher trust data are used to derive a trust‐effectiveness typology. Trust was conceptualized as one party's willingness to be vulnerable to another party based on the confidence that the latter party is benevolent, reliable, competent, honest, and open.FindingsFindings derived from the extraction of canonical correlation variates support the prediction that a complex and extensive trust environment is predictive of internal school conditions and consequences, even after accounting for socioeconomic status of the school community. Four theoretical trust‐effectiveness patterns emerge from the interpretation.Research limitations/implicationsThe research design was planned as a school level study. Perceptual data collected at the individual level were intended for aggregation thus, nested analyses were not possible. Other evidence is offered for justification of aggregations.Practical implicationsResearchers and school leaders need to consider a broad trust environment as having relevance for predicting and enacting school success, not just those trust levels that can be measured as teacher perceptions.Originality/valuePrevious school trust research, when it has considered parent trust, measured it as a teacher perception. This study measures parent trust directly and hence more credibly. The empirically derived trust‐effectiveness school types introduce the possibility that “high teacher trust” can sometimes be part of a menacing school pattern.

Deterring Intervention: The Stakes of War and Third-Party Involvement

Why does a third party become involved in an ongoing dispute? One important reason for involvement is often the third party's perception that the attacking country poses a significant threat to the status quo. Given the aggressor's aims in the war vis-avis a particular target, the third party worries that the changes wrought by the war will be too extreme. He enters an ongoing war in order to defend the threatened status quo. attacking country, however, chooses the magnitude of the demands she makes of a targeted state. By moderating her demands, she can influence a third party's perception of the threat she poses and thereby influence the third party's willingness to intervene. aggressor's ability to choose the stakes of the war thus creates the interesting possibility that demands can be chosen strategically in order to deter third-party intervention. In this article, I modify the classic extended-deterrence game in order to explore the implications of this strategic logic My modified extendeddeterrence model suggests that the attacker's ability to choose the stakes of war can weaken the third-party defender's ability to deter an attack. An attacker may not be deterred from attacking because the attacker can deter the third party from intervening. model suggests several important implications for both the stakes of war and the probability of third-party intervention. B q lainey (1988) devotes a chapter in his now classic book, Causes of War, to what he calls The Mystery of Wide Wars. His explanation for why some wars in Europe became multilateral while others did not is worth quoting at length. He explains third-party involvement in what originally seemed to be just another regional dispute between Russia and Turkey as follows: It [the Crimean War] began as a war between Russia and Turkey, but the destruction of a division of the Turkish fleet at the Black Sea harbor of Sinope in November 1853 aroused fears that Russia might crush Turkey and so penetrate at last into the Mediterranean and become more powerful than ever before (Blainey 1988, 233, italics mine). He contrasts this multilateral war with two other wars that remained bilateral even though the potential for intervention seemed high: . . the FrancoAustrian [War] of 1859 and the Austro-Prussian [War] of 1866-did not last long enough to establish a decisive superiority on one side. Austria lost both wars but remained a great power; it had not lost by such a margin that the ladder of European power seemed likely to be altered drastically (Blainey 1988, 34, italics mine). Blainey's argument is both noteworthy and novel because he assumes that a third party's incentive to intervene depends very much on what happens inside the conflict. Outsiders intervened in the first instance because they feared that Russia intended to substantially revise the status quo. Intervention did not occur in the latter instances because both France's and Prussia's demands vis-a-vis Austria were modest, resulting in few changes to the status quo. possibility that the decision to intervene in an ongoing dispute is driven in part by what happens inside the conflict creates interesting strategic possibilities that could impact our understanding of the potential diffusion of war. Most important, it raises the interesting possibility that an attacker could intentionally alter his demands in order to influence the likelihood of third-party intervention. As I and others have argued, the stakes of war can often be thought of as endogenous to the conflict (Goemans 2000; Wagner 2000; Werner 1998, 1999). If the stakes of war are strategically chosen, then the classic extended-deterrence relation-

On the allocation of risk in construction projects

The willingness of contracting parties to take on risks is an important consideration in the allocation of project risks. A number of factors contribute to willingness to bear risks, but not all motivate conscientious, effective project risk management. A party's willingness to take on risk is reflected in the premium that he or she is able to charge for doing so. However, contractors face a number of difficulties in being able to price risk properly. The regarding of contractors as quasiinsurers suggests pricing rules that are analogous to insurance practice, and important complications associated with adverse selection and moral hazard.

Why Is There Not a Buddho-Christian Dialogue in China?

Inter-religious dialogue is not premised just upon one party's willingness to enter into a conversation with another. It requires even before that a willingness to converse with oneself, with one's own past, and to do so in a manner relevant to the time at hand. A narrow self-understanding, a lack of interest, an inability to confront one's past and future, can hamper the exchange. Nowadays, when one mentions Buddho-Christian dialogue in the Far East, one thinks immediately ofJapan, of the lively exchanges between Zen and western philosophers, Jodoshin Buddhologists and Christian theologians. That such dynamic exchanges should happen in Japan is not surprising. Japan had its own Kamakura reformation, then under Tokugawa sustained sectarian learning. After the Meiji restoration, there was so-called modern Buddhism, soon followed by the presence of professors of Comparative Religion and Buddhologists at the universities. There is also aJapanese assimilation and response to Western thought by the Kyoto school. Even her Christian minority has an indigenous churchless Christianity, her share of Barthians, Bultmannians, and Heideggerians. Compared with that, the paucity of Buddho-Christian dialogue in China is almost shameful. To understand why China did not evolve such a vibrant dialogue, we have to consider her very different history.