Mediation as an alternative means of resolving disputes

2021

Mediation is an effort to resolve a conflict by involving a neutral third parties. A conflict of dispute in the field of employment is a problem faced by almost all countries in the world. The purpose of this research is to analyze and finding the characteristic of mediation as an option in resolving dispute on work termination of employment in South Sulawesi, to analyze and identify the role and the purpose of mediator in resolving the dispute of work termination, mapping the success rate of mediation in resolving the dispute in working relations. The type of research that will be used is a normative research and empirical research (sociology of law) with a statutory approach, conceptual approach, historical approach, also comparative approach. The result of this research showed that the problem related to with employment happened because the job opportunity is getting narrower, while the number of populations is increasing, the basic need and normative right are not guaranteed fro...

Mediation in Progress : Collection of articles performed by participants of the Erasmus+ project "Mediation: Training and Society Transformation” MEDIATS, 2022

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.

Studia Iuridica Lublinesia, 2015

Mediation is treated in many contemporary legal proceedings as a part of decision making process, also in the processes of application of law. The main question stated in the article concerns the separate nature of the mediation, uncomparable to the traditional view of the application of law. Is the mediation procedure only a specific and unnecessary part of the application of law process, or the distinct and necessary decision making unit which may replace the traditional, authoritative model of the application of law?

2017

Mediation is one of the alternative forms of dispute resolution. In the mediation, a win-win solution for the parties is sought in overcoming the dispute. In the settlement of civil cases in the court, it is prioritized mediation settlement, as stipulated in Supreme Court Regulations Number 1 Year 2008. However, the implementation of mediation in court based on Supreme Court Regulations Number 1 Year 2008 has not been effective because of obstacles in the implementation of mediation. The constraints must be sought to resolve the efforts by reconstructing the implementation of mediation as an alternative to civil disputes in court that can provide justice for the parties. This paper will give a reconstruction of mediation as the alternative settlement of civil dispute in the court. In this paper used methode legal research, primary data based on library and secondary data based on library researh. The results of this journal is the implementation of the mediation process there are st...

9th International Online Conference on Social Researches and Behavioral Sciences SADAB, June 25-27, 2021b Antalya, Turkey. Proceeding Book, ISBN: 978-625-409-155-1, 2021

Mediation plays very important role in conflict resolution. This article describes and analyzes the role of mediation in the conflict resolution process. It discusses what skills a successful mediator should possess. Scholars and experts agree that a good mediator should have the appropriate knowledge, skills, sense of humor, tact, and detailed information about the conflict in which he or she intends to engage. Resolving conflicts is one of the most difficult and complicated issues, which requires special skills and talents. Various methods are used to resolve the conflict (negotiation, mediation, facilitation, arbitration, etc.) International conflict or international disputes are regulated in exactly the same way as disputes within a country. Initially, the parties try to resolve the issue through diplomacy. Although resolving disputes through diplomacy is a priority, when the negotiation process comes to a standstill, the parties turn to a mediator. Good Mediator tries to gain the trust of the rivaling parties and remains neutral and impartial during the conflict resolution process. Various mediation strategies are also analyzed in detail, such as communication-facilitation strategy, procedural strategy and directive strategy. This article describes main factors that need to be considered to properly manage the mediation process.

Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia, 2022

Intercession is a serene interaction wherein the questioning gatherings present their settlement to a go between to accomplish a reasonable result for the two players to the debate. One of the reasons and considerations of the Supreme Court to issue PERMA Number 1 of 2008 is the implementation of Article 130 HIR/154 RBg to reduce the accumulation of cases in court, namely through mediation. The research method used in this research study is normative juridical, which is presented in a descriptive form to give a clear picture to the readers. Intervention in court is viewed as a quicker and moderately cheap debate goal process with the goal that it can make a positive commitment in satisfying a feeling of equity and give acceptable outcomes to the gatherings to the question. It is because of framework combination. Intercession focuses on an agreement approach in uniting the interests of the questioning gatherings.

In the last three decades, the efficiency of the ADR systems has been dramatically increased throughout the world. Especially, in developing countries, in order to cease the excessive burden on the state courts, Mediation and Arbitration are considered as the most useful and rational resort. Thus, this article aims to scrutinize the Mediation and Arbitration systems established under Turkish legal system.

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...

Humanities Studies, 2023

The relevance of this study. Judicial mediation is a method of organized dispute resolution procedures in civil and administrative cases, to reach a peaceful solution with the agreement of both parties to the dispute. The legalization of judicial mediation provides additional opportunities for the parties to the dispute not only to settle the dispute amicably, but also has more potential benefits for both sides of the dispute, looking for a favorable solution, which can be confirmed by a mutual settlement agreement. Due to these advantages, the use of this alternative method of dispute resolution is growing both in Lithuania and around the world. The main problems. 1. Does the legal regulation of judicial mediation meet the goals of the mediation institute and the process participants? 2. What are the conditions for applying judicial mediation in court practice? 3. How is the transfer of a legal dispute to judicial mediation, the conciliation of the parties to the dispute by the mediation institute and the approval of the settlement agreement treated in court practice? 4. What is the relationship between judicial mediation and judicial mediation applied in European Union countries? 5. What features of legal regulation of judicial mediation of foreign countries can be integrated in judicial mediation procedures in Lithuania? The following tasks: 1. To analyze the concept of judicial mediation institute. 2. To discuss the conditions of application of judicial mediation and its procedure. 3. To compare the regulation of judicial mediation in the countries of the European Union. 4. To analyze the application of judicial mediation in Lithuanian court practice. The aim of this work: to perform a comparative analysis of the regulation of judicial mediation in Lithuania and foreign countries. In order to determine possible changes/improvements in the legal regulation of the implementation of the Lithuanian Institute of Judicial Mediation, based on examples of good practice in foreign countries and the practice of domestic courts. The used methodology: the document analysis method was used to analyze the legal acts of the Republic of Lithuania; the method of systematic analysis was used to combine different opinions of authors, legal acts, court practice; the comparative method was used to compare the regulation of judicial mediation in Lithuania and the countries of the European Union.

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 - ...