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2022, Mediation in Progress : Collection of articles performed by participants of the Erasmus+ project "Mediation: Training and Society Transformation” MEDIATS
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156 pages
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This publication contains the academic and practice-oriented articles, which represent achievements in the use, teaching and promotion of mediation in the countries participating in the MEDIATS project (Netherlands, Latvia, Spain, Germany, Georgia, Azerbaijan and Ukraine). The value and uniqueness of this collection of articles is the description of the diversity of approaches to the use of mediation - both legal and managerial backgrounds. The publications are the quintessence of the unique experience of the countries participating in the project, which can be studied and comprehended for the further development of mediation, a culture of conflict resolution, and the organization of dialogues. The collection will be useful to practising mediators, lawyers, attorneys, judges, business owners and managers, as well as students of educational programs in the field of mediation and conflict management.
Review of International Geographical Education Online (RIGEO), 2021
The subject of the article research is the Mediation as an alternative means of resolving disputes, the methodological basis of the article research is the controversial Approach to the problem under consideration using general and private methods of scientific Knowledge, formal legal, and logical, socio-psychological, system analysis. In the process of research the achievements of the sciences of civil, private international, Iraqi law, and civil procedure. And labor law This Study is divided into two parts: the first part presents the concept and types of mediation, and the second part Presents Development of mediation and the sources of its regulation in the Iraqi law.
2018
worked on several projects of the Conflict Management Institute (COMI) and the University of Helsinki which broadened my view on dispute resolution and civil justice systems. The research project on dispute resolution in social security matters financed by Kela required me to look at the basic structures and principles of judicial justice systems in general. The study on out-of-court settlement mechanisms in transnational labour disputes and discussions with Professor Niklas Bruun confronted me with the limitations of alternative dispute resolution. Besides these research projects, I had the opportunity to work on integrating mediation into a training program for legal psychology-thank you Docent Julia Korkman for your broadmindedness. I would like to thank the many friends who have supported me in this project, especially Ms Nina Arkilahti and Dr Kari-Pekka Syrjä who showed me the way into the dissertation and supported me when finalizing it. I have always used different ways to balance my professional life. For the utmost support in this respect, I thank Super Ted for letting me forget everything and for making me believe that I can fly. I count myself incredibly fortunate to have a wonderful family that keeps me busy and focused on what is truly important. They are the ones with whom I can retreat, gain energy and feel sincerely loved. I dedicate this book to you, Lauri, Santeri and Kari. Thank you for sharing this life with me.
According to E.U. research project EMEDI@TE (www.emediate-justice.eu) an international group of specialists and academics produced this first book that, through comparative and multidisciplinary studies, tries to depict the “state of art” of the research on mediation and the know-how of professionals operating in the field of ADR. The added value of this book, indeed, consists in the contribution of so many different researchers each of them with their background and cultur- al and professional experience: the multidisciplinary approach means that we can read and immediately compare the different ideas of mediation and the different problems that mediation may meet, approaching the mediation not only from a narrow legal point of view but also from the point of view of the real society.
International Journal of Cognitive Research in Science, Engineering and Education
Disputes resolved with the use of mediation as a form of dispute resolution are rare (or at striking level) in the practice in our country. In order to increase the number of disputes that were successfully completed based on mediation, it is necessary for the people to know about the alternative forms of resolving litigation. The lack of information contributes to the lack of trust in any resolution of the dispute except in the court. There is also the positive practice of resolving disputes through mediation macular placed in public. This Paper treats the action research which aims to connect the people awareness of mediation as a form of negotiation through which can quickly and easily, without major financial implications, to resolve any dispute. This paper is based on a survey with the members of Chamber of Mediators of the Republic of Macedonia. These results clearly confirm the lack of information among the local population about the forms of dispute resolution that are avail...
https://www.mediate.com, 2016
Analysis of the legal concept of " mediation " and the good practices in Bulgaria. The process of adoption of the Mediation Act and legislators' reasons behind it are presented as well as the requirements to the persons who want to be mediators, the main principles, rights and obligations of the parties are outlined and the good practices on the territory of the Republic of Bulgaria are stated. The challenges to practicing mediators are pointed out.
2010
Introduction Mediation has been acknowledged for many years within legal discourse as an effective means of alternative dispute resolution (ADR) in various areas, such as family law, medical law, commercial law (hereafter referred to as traditional mediation). However, recently - ...
74 The Rabel Journal of Comparative and International Private Law 732, 2010
In the past 30 years mediation has emerged as a significant dispute resolution narrative around the world. It contains many stories told by different story-tellers -- stories about diverse practices, communities and courts, in creasing institutionalisation, regulation, accreditation, standards, research and theoretical developments. Together these stories weave a tapestry of our social and cultural experience of mediation and define mediation as a narrative, a practice and a profession.
Humanities & Social Sciences Reviews, 2019
Purposes: The article is devoted to the analysis of legal problems of mediation as an alternative way to resolve disputes. The article examines the Russian and foreign experience in the legal regulation of mediation. Methodology: The use and adaptation of foreign experience in applying the mediation procedure are aimed at increasing the speed of dispute resolution, the level of confidentiality and the ability to maintain partnerships. The authors suggest ways to improve the effectiveness and applicability of this procedure in practice. According to Sungatullina L.A., it seems efficient and promising to use alternative methods for resolving disputes in general and to apply the mediation procedure in particular. Izmailov R.R. He believes that the experience of using mediation techniques has shown its effectiveness in resolving various categories of disputes: labor, family, corporate, business conflicts, as well as in the field of housing relations. Mikhailov A.V. notes that the effect...
2020
Formal conflict resolutions are very familiar from media as legal trials resulting in long prison sentences or large compensation payments inevitably attract attention. in contrast, far more inconspicuous alternative dispute resolution (aDR) methods often demonstrate their great practical usefulness as conflicts between parties are not only inevitable, but can also be considered a positive phenomenon because conflict allows an unwanted situation to be changed to the benefit of all parties involved in a transaction. the second aDR thesis is that the parties on their own can resolve many, if not most, of their conflicts, but no aDR method can be effective when the parties have lost trust with each other. Mediation is probably the most popular aDR method in Poland presently as an intervention into negotiations or conflicts that are already underway. a third party, the mediator, who is accepted by all parties and does not possess any power to make an authoritative decision resolving the...
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