The Theory and Practice of Mediation: A Reply to Professor Susskind

2021 ◽  
pp. 125-130
Author(s):  
Joseph B. Stulberg
Keyword(s):  
Theory And Practice ◽  
Mediation Process ◽  
Environmental Dispute ◽  
Design Solutions ◽  
Dispute Mediation

This article details the theory and practice of mediation. The mediation process can be characterized as follows: it is (1) a noncompulsory procedure in which (2) an impartial, neutral party is invited or accepted by (3) parties to a dispute to help them (4) identify issues of mutual concern and (5) design solutions to these issues, (6) which are acceptable to the parties. The mediator’s role is to convey each party’s proposals in a language that is both faithful to the desired objectives of the party and formulated to ensure the highest degree of receptivity by the listener. The article then looks at the profile of a mediator and explores mediator strategies for building a settlement. It also considers environmental dispute mediation.

scholarly journals MEDIATION AS AN ALTERNATIVE SETTLEMENT ON OIL PALM PLANTATION DISPUTE (A Lesson from Oil Palm Plantation Mediation in Sidomulyo Village, Ogan Komering Ilir District, South Sumatera Province)

2017 ◽  
Vol 17 (1) ◽  
pp. 8
Author(s):  
Adrian Nugraha
Keyword(s):  
Oil Palm ◽  
Qualitative Data ◽  
Community Partnerships ◽  
Test Method ◽  
Mediation Process ◽  
Oil Palm Plantation ◽  
Two Stages ◽  
Integrated Team ◽  
Dispute Mediation

Mediation is considered as one of the effective solutions to resolve as well as tool to alter oil palm plantation disputes. This research was conducted with socio-legal approach. The test method was done by descriptive qualitative data analysis which describes a situation or phenomenon with words or sentences then separated by category for the conclusion. This research finding suggests that mediation has played a crucial role especially in decreasing the dispute intensity and achieving the agreement between conflicting parties. Subsequently, Mediation by integrated team of dispute resolution was divided into two stages: first stage was commencement of the mediation process and the second was implementation of mediation. Furthermore, several approaches that can do to alter dispute into a long-term harmonious relationship, namely: first, using the legal certainty approach, second, Company–community partnerships approach and third, capacity building for mediator approach.Keywords: altering dispute, mediation, oil palm plantation

scholarly journals Theory and practice of constructive solutions technological justification for railway objects via the use of an expert system

2020 ◽  
Vol 7 (3) ◽  
Author(s):  
Aleksey Polyanskiy
Keyword(s):  
Artificial Intelligence ◽  
Expert System ◽  
Technological Process ◽  
Theory And Practice ◽  
Railway Track ◽  
Production Model ◽  
Automated Systems ◽  
Technological Processes ◽  
Railway Construction ◽  
Design Solutions

In this article, we present the abstract theorem and the feasibility for the implementation of the technological justification of the structural concept for track railway line objects using the expert system. Railway construction as a complex dynamic system requires certain resources for maintaining it. At the same time, it is characterized by the use of new, more advanced design solutions, materials, and technologies, the performers’ specialization development, and the attendant large number of participants in the technological process. Key role in these conditions gets effective standard operating procedures control, procedures that performed during the railway facilities construction. This can be achieved by improving the existing engineering and technical support system for railway construction by introducing an engineering and intellectual support subsystem for the technological processes of railway facilities construction. One of the tasks of technological processes engineering and intellectual support is the effective use of automated systems with artificial intelligence elements. Creation and implementation of automated systems with artificial intelligence elements are focused on achieving a single final result: a finished railway track facility of the corresponding functional purpose within the established deadlines planned prime cost and labor contribution and also up to date safety requirements throughout the entire operation period. Within the scope of the methodology formation for engineering and intellectual support of railway construction technological processes, the stages of constructive solutions technological substantiation for railway objects were considered, and the railway construction technological features were determined. The procedure for the railway track object decomposition into structural elements is described here. The results obtained at the decomposition stage made it possible to determine the possibilities of using expert systems to develop a technological process for the railway track object construction. With account taken of special factors relating to formalization series of tasks at hand. By the aid of the expert system, which was built based on the knowledge representation production model, was developed and described methodology for generating a construction works nomenclature. Based on theoretical research results, practical aspects of the technological substantiation implementation of design solutions using an expert system were presented here through the example of the railway roadbed flooded carn construction. During dissertation research done by the author, were obtained results that were presented in this article.

scholarly journals Model for Assessing Strategies for the Implementation of an Investment and Construction Project for the Construction of an Apartment Building by a Developer in Terms of Project Financing

2021 ◽  
Vol 31 (3) ◽  
pp. 347-355
Author(s):  
Valeriya Pukhova
Keyword(s):  
Real Estate ◽  
Construction Project ◽  
Theory And Practice ◽  
Project Financing ◽  
Residential Real Estate ◽  
Apartment Building ◽  
Efficient Operation ◽  
Land Plot ◽  
Design Solutions ◽  
The Cost

The need for improvement of the current mechanism of project financing for the construction of residential real estate arises from the analysis of the theory and practice of financing of the primary housing market. The use of the systemic approach has allowed the author to develop an improved mechanism of project financing, which comprises the principles of project financing, tools, forms of its regulation and methods of implementation of project financing. For efficient operation of the improved mechanism of project financing for the construction of residential real estate, a number of strategies have been proposed for the implementation of an investment and construction project, differing in design solutions, implementation period, marketing policy, rates of filling escrow accounts. The author proposes a scheme for a developer to choose project designs, which is based on the rules for land use and development and urban development regulations. A model for assessing the strategy for the implementation of an investment and construction project in project financing, taking into account the cost of a land plot, interest on a loan, selected design solutions, as well as the return on capital investments, was developed. In order to make a decision on the implementation of one or another investment and construction project for the construction of an apartment building, developers are invited to assess the options for design solutions and draw a conclusion about the most effective one according to the proposed model. The model can be used to assess the influence of the cost of a land plot in the structure of costs when the developer has a model project. It helps take into consideration project designs, the cost of the land plot according to the location of the designed facility, profitability of the expected capital investment and interest on the loan using escrow accounts.

Tri-optimization of building shape and envelope properties using Taguchi and constraint limit method

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Yaolin Lin ◽  
Wei Yang
Keyword(s):  
Optimal Design ◽  
Thermal Comfort ◽  
Building Design ◽  
Theory And Practice ◽  
Optimization Approach ◽  
Visual Comfort ◽  
Content Type ◽  
Climatic Regions ◽  
Building Shape ◽  
Design Solutions

PurposeThe purpose of this paper is to present a tri-optimization approach to optimize design solutions regarding the building shape and envelope properties considering their implications on thermal comfort, visual comfort and building energy consumption (EN). The optimization approach has been applied to obtain the optimal design solutions in five typical cities across all climatic regions of China.Design/methodology/approachThe method comprises a tri-optimization process with nine main steps to optimize the three objectives (thermal comfort, visual comfort and building EN). The design variables considered are four types of building shape (pyramid, rectangular, cylindrical and dome shape) and different envelope properties (insulation thickness [INS] of external walls/roof, window type [WT] and window-to-envelop surface area ratio [WESR]). The optimization is performed by using the Taguchi and constraint limit method.FindingsThe results show that the optimal design solutions for all climatic regions favor cylindrical shape and triple-layer low-E glazing window. The highest insulation level of 150 mm is preferred in three climatic regions, and the INS of 90 mm is preferred in the other two climate regions. In total, 10% WESR is preferred in all climatic regions, except the mild region. When the constraint limit of lighting intensity requirement by Leadership in Energy and Environmental Design (LEED) is applied, the rectangular shape building is the optimal solution for those with 10% WESR.Research limitations/implicationsThe method proposed in the paper is innovative in that it optimizes three different objectives simultaneously in building design with better accuracy and calculation speed.Practical implicationsBuilding designers can easily follow the proposed design guide in their practice which effectively bridges the gap between theory and practice. The optimal design solutions can provide a more comfortable living environment and yet less EN, which can help achieve the sustainability requirement of green buildings.Social implicationsThe solutions presented in the paper can serve as a useful guide for practical building designers which creates economic and commercial impact. In addition, the theory and practical examples of the study can be used by building regulators to improve the energy-efficient building design standard in China.Originality/valueThe research is the first attempt that adopts tri-optimization approach to generate the optimal solutions for building shape and envelope design. The tri-optimization approach can be used by building designers to generate satisfactory design solutions from the architectural viewpoint and meanwhile to find combinations of the building shape and envelope properties that lead to design solutions with optimal building performance.

Electrometallurgy and metallurgy of steel

2018 ◽  
Author(s):  
Василий Рощин ◽  
Vasiliy Roschin
Keyword(s):  
Graduate Students ◽  
Steel Casting ◽  
Steel Production ◽  
Theory And Practice ◽  
Basic Design ◽  
Secondary Processing ◽  
Design Solutions ◽  
Engineering Industries

The textbook systematically outlines the basics of the theory and practice of steel production in oxygen converters, arc steel furnaces and special electrometallurgy units, as well as describes the basic design solutions of melting units, secondary processing units and equipment for steel casting. Designed for bachelors and masters in the field of "metallurgy" and for graduate students in the field of "technology of materials"; may be useful to researchers in the field of steel production, as well as practical workers of metallurgical and engineering industries.

scholarly journals ANALISIS PENYELESAIAN SENGKETA LINGKUNGAN NON-LITIGASI ANTARA PERUSAHAAN PERKEBUNAN KELAPA SAWIT DENGAN WARGA DESA SIDOMULYO, KABUPATEN OGAN KOMERING ILIR (Analysis of Non-Litigation Environmental Dispute Settlement between Oil Palm Plantation Company and Sidomulyo Villagers, Ogan Komering Ilir District)

2018 ◽  
Vol 24 (1) ◽  
pp. 39
Author(s):  
Muhammad Syaifuddin ◽  
Adrian Nugraha ◽  
Ade Uswatun Hasanah
Keyword(s):  
Dispute Resolution ◽  
Oil Palm ◽  
Dispute Settlement ◽  
Mediation Process ◽  
Empirical Reality ◽  
Oil Palm Plantation ◽  
Environmental Dispute ◽  
District Role ◽  
Plantation Company ◽  
Integrated Team

AbstrakPenelitian ini menganalisis masalah peranan Tim Terpadu Penyelesaian Sengketa Kabupaten Ogan Komering Ilir dalam menyelesaikan sengketa lingkungan non-litigasi, yakni dengan proses mediasi antara perusahaan perkebunan kelapa sawit dengan warga Desa Sidomulyo. Penelitian ini memiliki tujuan agar penyelesaian sengketa yang dilakukan tim terpadu di kemudian hari, dapat memberikan solusi yang terbaik bagi para pihak serta untuk mendukung penyelenggaraan perkebunan kelapa sawit yang berkelanjutan. Metode penelitian ini dilakukan dengan pendekatan sosio-legal yang bermaksud melakukan penjelasan atas permasalahan yang diteliti dalam hubungannya dengan aspek-aspek hukum dan sosial serta mencoba menjelajahi realitas empirik dalam penyelesaian sengketa. Dari hasil penelitian ini diketahui bahwa Tim Terpadu Penyelesaian Sengketa Kabupaten Ogan Komering Ilir telah melakukan tugasnya sesuai prosedur. Namun begitu ada beberapa hal yang memerlukan perbaikan dan penelitian ini memberikan solusi dalam pelaksanaannya. Pelaksanaan tugas tim terpadu yang memerlukan perbaikan, diantaranya adalah proses penyelesaian sengketa terlalu lama dan berlarut-larut. Kemudian, belum ada pengawasan terhadap kesepakatan penyelesaian sengketa yang dilakukan tim terpadu. Masalah selanjutnya adalah kekuatan mengikat dari suatu kesepakatan dalam sebuah penyelesaian sengketa non-litigasi. Selanjutnya tim terpadu menemui kendala yakni ketiadaan dokumen hak atas tanah yang sah milik warga desa. Terakhir, tim terpadu belum menggunakan mediasi dengan pendekatan kearifan lokal.AbstractThis research analyzes problem of the Integrated Team of Dispute Resolution of Ogan Komering Ilir District role in resolving non-litigation environmental dispute settlement, by a process of mediation between Oil Palm Plantation Company against Sidomulyo villagers. This research aims to resolve disputes that conducted by integrated team in the future, could provide the best solution for the parties and to support the implementation of sustainability palm oil plantations. This research method conducted with the socio-legal approach that intends to make the explanation of observed issues in relation with the legal and social aspects and try to explore empirical reality in dispute resolution. From the results of this research is known that Integrated Team of Dispute Resolution of Ogan Komering Ilir District has done its job in accordance with procedures. However there are several things that need of improvement and this research provides the solution implementation. Implementation of an integrated team tasks that need of improvement, including the dispute resolution process is too long and protracted. Then, there is no supervision of the dispute settlement agreement that conducted by integrated team. The next issue is the binding force of an agreement in a non-litigation dispute resolution. Furthermore, an integrated team met some obstacles that lack land rights documents that rightfully belonged to the villagers. Finally, the integrated team not using local wisdom approach in the mediation process.

scholarly journals From third-person to first-person cartographies with immersive virtual environments

2019 ◽  
Vol 2 ◽  
pp. 1-7 ◽  
Author(s):  
Florian Hruby
Keyword(s):  
Video Game ◽  
Theory And Practice ◽  
Future Research ◽  
Mediation Process ◽  
First Person ◽  
Spatial Presence ◽  
General Process ◽  
Third Person ◽  
Being There ◽  
The Impact

<p><strong>Abstract.</strong> Recent cognitive research indicates that immersive virtual reality (VR) systems can increase the impact of visualization products through the formation of spatial presence, defined as a sense of “being there” in a virtual place. These findings make VR a highly interesting tool for cartography, but challenge the subject’s self-conception in different regards. The present article aims at highlighting the fundamental characteristics of geovisualization with immersive environments. We will approach the challenge of 1:1 representation with a typology borrowed from video game theory, where players can experience games from a first-person or third-person perspective. These two categories provide a useful framework to describe the basic difference between non-/low- and high-immersive geovisualization. In order to project the first- vs. third-person metaphor from a gaming to a cartographic mapping context, we will try to semiotically express the general process of map use in form of a triadic sequence, where the representation mediates between users and geospatial phenomena. Compared with common cartographic products, this mediation process is fundamentally different in VR systems, as immersive applications merge map user and map space. A set of future research questions and further considerations on first-person cartography will close the text. These considerations on first- vs. third-person visualization shall facilitate a conceptually better integration of IVE into current cartographic theory and practice.</p>

scholarly journals THE EXISTENCE OF MEDIATING JUDGES IN THE PROCESS OF CIVIL DISPUTE MEDIATION BASED ON THE SUPREME COURT REGULATION NO. 1 YEAR 2016

2019 ◽  
Vol 3 (1) ◽  
pp. 147
Author(s):  
Wahyudi Kurniawan
Keyword(s):  
Human Resources ◽  
Supreme Court ◽  
Civil Law ◽  
Study Data ◽  
Mediation Process ◽  
Research Results ◽  
Inhibiting Factors ◽  
The Supreme Court ◽  
Dispute Mediation ◽  
Civil Dispute

The aims of this research are 1) to analyze the existence of mediating judges in the process of civil dispute mediation based on the Supreme Court Regulation (Peraturan Mahkamah Agung/PERMA) No. 1 year 2016 regarding the mediation procedures in court; 2) to analyze the supporting and the inhibiting factors which influence the existence of mediating judges in the process of civil dispute mediation in court.  This research is a normative juridical study with primary, secondary, and tertiary law materials. The manner and the instruments to collect the legal materials are using the method of documentation and document study. Data analysis is done by analyzing the research materials qualitatively.  The research results and discussion show that the existence of mediating judges in the process of civil dispute mediation based on the Supreme CourtRegulation No. 1 year 2016 regarding the mediation procedures in court becomes  the main choice of the parties who are in dispute. The supporting factors of the mediation by the mediating judges in a civil dispute are: human resources, economical budget, and infrastructure. The inhibiting factors of mediation by mediating judges in civil law disputes are: the parties are not present during the mediation, the number of certificated judges, and the society’s knowledge. Based on the research results and the discussion, it can be concluded that: 1) the mediation process by the mediating judges in the solving of civil law disputes becomes the main choice of the conflicting parties, 2) the supporting and the inhibiting factors which influence the existence of mediating judges in the processof mediating civil disputes are as follows: human resources, level of knowledge or  the society’s understanding, facilities and infrastructure, work burden of the judges, also the regulations in the implementation of the mediation. Suggestions regarding the results of this research are: 1) increasing the service of the mediation process by the mediating judges in court, 2) increasing the quality of the human resources, increasing the facilities and the infrastructure regarding mediation, 3) and increasing the socialization to the people regarding mediation and also the issuing of regulations on mediation which are more complete and detailed.

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