Mediation and Its Applications for Good Decision Making and Dispute Resolution

Author(s):  
Menkel-Meadow Carrie
2012 ◽  
Vol 1 (2) ◽  
pp. 26 ◽  
Author(s):  
Claudia A. Zanini ◽  
Sara Rubinelli

This paper aims to identify the challenges in the implementation of shared decision-making (SDM) when the doctor and the patient have a difference of opinion. It analyses the preconditions of the resolution of this difference of opinion by using an analytical and normative framework known in the field of argumentation theory as the ideal model of critical discussion. This analysis highlights the communication skills and attitudes that both doctors and patients must apply in a dispute resolution-oriented communication. Questions arise over the methods of empowerment of doctors and patients in these skills and attitudes as the preconditions of SDM. Overall, the paper highlights aspects in which research is needed to design appropriate programmes of training, education and support in order to equip doctors and patients with the means to successfully engage in shared decision-making.


2021 ◽  
pp. medethics-2020-107134
Author(s):  
Thana Cristina de Campos-Rudinsky ◽  
Eduardo Undurraga

Although empirical evidence may provide a much desired sense of certainty amidst a pandemic characterised by uncertainty, the vast gamut of available COVID-19 data, including misinformation, has instead increased confusion and distrust in authorities’ decisions. One key lesson we have been gradually learning from the COVID-19 pandemic is that the availability of empirical data and scientific evidence alone do not automatically lead to good decisions. Good decision-making in public health policy, this paper argues, does depend on the availability of reliable data and rigorous analyses, but depends above all on sound ethical reasoning that ascribes value and normative judgement to empirical facts.


1987 ◽  
Vol 14 (4) ◽  
pp. 238-239 ◽  
Author(s):  
Edith Greene ◽  
Edith Greene

This article describes a course that bridged the disciplines of clinical and experimental psychology and the law. The course included discussion of issues in criminal law, such as the psychology of policing, the reliability of confessions, victimization, plea bargaining, jury decision making, and alternative dispute resolution, and in civil law, such as civil commitment, predicting dangerousness, and child custody. Course objectives, requirements, and teaching aids are outlined, and some thoughts on integrating these diverse topics are included.


2021 ◽  
Author(s):  
Jon Gustav Vabø ◽  
Evan Thomas Delaney ◽  
Tom Savel ◽  
Norbert Dolle

Abstract This paper describes the transformational application of Artificial Intelligence (AI) in Equinor's annual well planning and maturation process. Well planning is a complex decision-making process, like many other processes in the industry. There are thousands of choices, conflicting business drivers, lots of uncertainty, and hidden bias. These complexities all add up, which makes good decision making very hard. In this application, AI has been used for automated and unbiased evaluation of the full solution space, with the objective to optimize the selection of drilling campaigns while taking into account complex issues such as anti-collision with existing wells, drilling hazards and trade-offs between cost, value and risk. Designing drillable well trajectories involves a sequence of decisions, which makes the process very suitable for AI algorithms. Different solver architectures, or algorithms, can be used to play this game. This is similar to how companies such as Google-owned DeepMind develop customized solvers for games such as Go and StarCraft. The chosen method is a Tree Search algorithm with an evolutionary layer on top, providing a good balance in terms of performance (i.e., speed) vs. exploration capability (i.e., it looks "wide" in the option space). The algorithm has been deployed in a full stack web-based application that allows users to follow an end-2-end workflow: from defining well trajectory design rules and constraints to running the AI engine and evaluating results to the optimization of multi-well drilling campaigns based on risk, value and cost objectives. The full-size paper describes different Norwegian Continental Shelf (NCS) use cases of this AI assisted well trajectory planning. Results to-date indicate significant CAPEX savings potential and step-change improvements in decision speed (months to days) compared to routine manual workflows. There are very limited real transformative examples of Artificial Intelligence in multi- disciplinary workflows. This paper therefore gives a unique insight how a combination of data science, domain expertise and end user feedback can lead to powerful and transformative AI solutions – implemented at scale within an existing organization.


Author(s):  
Lawrence Susskind ◽  
Jessica Gordon ◽  
Yasmin Zaerpoor

Deliberative democracy and public dispute resolution (PDR) have the same goal—to inform and determine the public interest—but they involve different skills and practices. This article considers the ways in which deliberative democratic approaches to policy-related decision-making can be supplemented with tools used in public dispute resolution—specifically, the use of an independent mediator, the well-developed technique of stakeholder assessment, and a new strategy called joint fact-finding, where stakeholders with different interests work together with outside experts to identify common assumptions, gather information together, and formulate and clarify opinions. All are designed to achieve fairer, wiser, more stable and more efficient outcomes.


Author(s):  
Ayman M. Zakaria Eraqi ◽  
Walid Abdul-Hady Shoura

In Egypt, people are unable to determine the qualities of appropriate residence that achieves quality and occupant satisfaction, and contributes to sustainability of residential conglomerations. In general, developing countries lack housing information which can be used to enhance quality of residence. Also, the methods of assessing and identifying the appropriate criteria for future residence quality remain traditional ones that cannot address the multiple, conflicting, overlapping aspects to reach a good decision. This calls for using the Analytical Network Process  (ANP), an effective tool for specifying the relative importance of all factors impacting a specific issue for making an appropriate residential decision. In addition, this method provides results for the decision element impacts network within the decision structure; thus contributing to more understanding of the mechanisms and requirements of residence selection. The proposed decision structure comprises a two-level network: main clusters, main elements, and sub-elements included in the demographic characteristics group, the residence criteria group, the demand parameters group, the supply parameters group, the residence specifications group, and the alternatives group which representing, in total, the decision and specifying the percentage needed for each housing level. Results of the model showed complete capacity in smoothly addressing complexities and overlapping in the decision structure. The decision structure showed that 52% chose luxury residence, 28% chose middle-class residence, and 19.5% chose the economic residence. Mechanisms of decision making were analyzed; particularly in terms of relationship to demographic characteristics and residence specifications. Also, the importance and impact of demand / supply parameters in reaching decision were analyzed.


PLoS ONE ◽  
2021 ◽  
Vol 16 (3) ◽  
pp. e0246698
Author(s):  
Joseph D. O’Brien ◽  
James P. Gleeson ◽  
David J. P. O’Sullivan

In all competitions where results are based upon an individual’s performance the question of whether the outcome is a consequence of skill or luck arises. We explore this question through an analysis of a large dataset of approximately one million contestants playing Fantasy Premier League, an online fantasy sport where managers choose players from the English football (soccer) league. We show that managers’ ranks over multiple seasons are correlated and we analyse the actions taken by managers to increase their likelihood of success. The prime factors in determining a manager’s success are found to be long-term planning and consistently good decision-making in the face of the noisy contests upon which this game is based. Similarities between managers’ decisions over time that result in the emergence of ‘template’ teams, suggesting a form of herding dynamics taking place within the game, are also observed. Taken together, these findings indicate common strategic considerations and consensus among successful managers on crucial decision points over an extended temporal period.


2021 ◽  
Vol 12 (1) ◽  
pp. 192-203
Author(s):  
Martin Holubčík ◽  
Jakub Soviar

Abstract Modern controlling is an interdisciplinary field that allows management to manage properly, thereby creating the basis for good decision-making. Logistics operations in smart companies need to be not only properly set up, but also properly controlled and improved. The purpose of the article is to analyze the controlling environment in a selected company and point out possible improvements in logistics activities and devices, with a view to preventing different types of problems. For this purpose, observations of the internal logistics processes in a selected company were used and quantified to assess its internal state. On the basis of the data, controlling measures are put forward to improve the management of the company’s logistics activities. The results of the research highlight the opportunities that exist through controlling activities to collect and analyze information about the logistics activities of a company. By doing so, employees can be given greater responsibility for the fulfilment of their tasks and contribute to the streamlining of logistics processes. For managers, the implementation of controlling represents a change in the way of thinking and managing a company.


1995 ◽  
Vol 33 (2) ◽  
pp. 301
Author(s):  
Judith A. Snider ◽  
C. Kemm Yates

The authors examine the subject of Alternative Dispute Resolution ("ADR") with a focus on the issue of specialized knowledge and its use in two particular spheres of ADR: regulatory tribunals and arbitration. The authors define "specialized knowledge" and compare it to the concept of evidence in order to determine whether it is evidence which can be relied upon by regulators and arbitrators in the context of their ADR decision-making. The relationship between specialized knowledge and the rules of natural justice is explored — in particular, the audi alteram pattern rule and the rule against bias. The authors conclude by suggesting guidelines to be used by arbitrators and regulatory tribunals in adjudicating on matters before them in order to avoid challenges, by judicial review, to their decisions on the basis of misuse or "abuse" of their specialized knowledge.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Charles Danso ◽  
Margarita Kaprielyan ◽  
Md Miran Hossain

PurposeRecent studies explore how chief executive officer (CEO) social capital affects corporate decision-making. Well-connected CEOs can have greater access to information, which can lead to better corporate decisions or permit them to amass power from hierarchy status and make self-serving decisions. This study examines whether investors perceive CEO social capital as a signal of good decision-making (assuming information asymmetry) surrounding asset sell-off events.Design/methodology/approachThe authors use multivariate regression analysis to examine the effect of CEO social capital on the cumulative abnormal returns (CARs) of the asset buyers and sellers. CARs are estimated using a market model in the period proximate to asset sell-off announcements.FindingsThe authors find that CEO social capital is positively associated with announcement returns of the asset sellers. Moreover, the positive effect of CEO social capital on announcement returns is more pronounced for sellers facing greater information asymmetry. An analysis of post-announcement stock performance reveals that the seller CEO social capital is associated with additional value generated for the shareholders of the seller after a month from the announcement date, especially if the transaction price is disclosed. Overall, findings are consistent with the argument that CEO social capital provides value in high information asymmetry environment.Originality/valueTo the authors' knowledge this is the first study to examine the effect of CEO social capital on the shareholders' wealth created by divestitures.


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