scholarly journals Language as an Instrument for Dispute Resolution in Modern Justice

2017 ◽  
Vol 52 (1) ◽  
pp. 41-56
Author(s):  
Anna K. Drabarz ◽  
Tomasz Kałużny ◽  
Stephen Terrett

Abstract The frustration in Polish society arising from excessive costs of conducting court proceedings and lengthy delays for dispute resolution has resulted in a genuine limitation in access to judicial justice for citizens. This paper argues that the answer to the dilemma between ensuring both justice and efficiency lies in language being a tool for the active participation of the parties in building mutual trust and shaping solutions in conflictual circumstances. How should the postulate of effective communication leading to dispute resolution in modern justice be achieved? The authors present the advantages of oral communication in proceedings on the way to finding agreement, pointing out the content and quality of language that make dispute resolution possible.

2011 ◽  
Vol 2 (1) ◽  
Author(s):  
Mudjia Rahardjo

Language is the most important tool we have for effective human communication, and the efficacy of communication is therefore directly related to the quality of this oral communication medium. The effectiveness of communication depends on several factors, the most important of which are the contents of the communication, the parties involved in the communication and the setting in which the communication takes place.  Bad communication can lead to a complete breakdown in relationship and cause misunderstandings which quite often lead to conflicts between elements in the social structure. Effective communication has a very important role in creating an environment for reasoned debat, discussion and understanding in global society, and in this regard the current American approach to creating conducive to reasoned debate on the issue of global terrorisme is hypothesized to be in the less-than-effective category.


2020 ◽  
Vol 4 (XX) ◽  
pp. 225-234
Author(s):  
Katarzyna Zadora

In my article I described the general assumptions of two legal institutions, i.e. negotiation and mediation as an alternative form of dispute resolution to court proceedings. Negotiations were characterized in the current legal status with a brief historical outline. I have indicated the scope of matters in which negotiations can be used as one of the ways of concluding an agreement that are binding in the Civil Code. At the same time, I drew attention to frequent mistakes made during negotiations, which result in the transfer of a dispute to court. In turn, mediation was described on the basis of civil procedure regulations. I described the way of conducting out-of-court and court mediation. I listed the types of cases in which we can use this institution and those in which mediation has been excluded from the Act.


Author(s):  
Dr. Neeta Sharma

Abstract Communication is a process of sharing information through speech, writing, gestures or symbols between two or more people. The focus of the present paper is oral communication and the language under consideration is English. The teacher should adopt a student centered approach. The learners should be encouraged to do things in the class which result in developing their communication skills. The trainer has to focus on both the linguistic and paralinguistic features of the communication process while enhancing learners’ communication skills. These features involve the effective use of words, forming grammatically intelligible sentences and an appropriate use of voice and intonation. The teacher should encourage and train his students to use positive body language while listening and speaking. In order to hone the communication skills of the learners, it is very important to make the learners comfortable with the language they have to communicate in. Shedding their inhibitions is also one of the pivotal areas of concerns. This paper explores different techniques that could be useful while training students in communication skills. Communication is a process of sharing information through speech, writing, gestures or symbols between two or more people. The focus of the present paper is oral communication and the language under consideration is English. The major elements of a communication process are sender, receiver, message and feedback. Effective communication is a two way process. It involves both expressive (speaking) skills and receptive (listening) skills. It entails receiver’s understanding of the message sent by the sender and his feedback to the sender. Listening plays a very important role in the language learning process. It is the most primary of the four basic skills of any language i.e. Listening, Speaking, Reading and Writing. Listening paves way for speaking. One can never be a good speaker if one is not a good listener. An effective communicator is first a good listener and then a good speaker. According to Tickoo ( 2003 ), ‘Good listening skills not only lay the foundations of good speech, but they grow best through effective communication’.


2020 ◽  
Vol 16 (4) ◽  
pp. 730-744
Author(s):  
V.I. Loktionov

Subject. The article reviews the way strategic threats to energy security influence the quality of people's life. Objectives. The study unfolds the theory of analyzing strategic threats to energy security by covering the matter of quality of people's life. Methods. To analyze the way strategic threats to energy security spread across cross-sectoral commodity and production chains and influences quality of people's living, I applied the factor analysis and general scientific methods of analysis and synthesis. Results. I suggest interpreting strategic threats to energy security as risks of people's quality of life due to a reduction in the volume of energy supply. I identified mechanisms reflecting how the fuel and energy complex and its development influence the quality of people's life. The article sets out the method to assess such quality-of-life risks arising from strategic threats to energy security. Conclusions and Relevance. In the current geopolitical situation, strategic threats to energy security cause long-standing adverse consequences for the quality of people's life. If strategic threats to energy security are further construed as risk of quality of people's life, this will facilitate the preparation and performance of a more effective governmental policy on energy, which will subsequently raise the economic well-being of people.


2020 ◽  
Vol 1 (1) ◽  
pp. 88-91
Author(s):  
A.N. Sedashkin ◽  
◽  
A.A. Kostrigin ◽  
E.A. Milyushina ◽  
◽  
...  
Keyword(s):  

Author(s):  
Richard Wigmans

This chapter describes some of the many pitfalls that may be encountered when developing the calorimeter system for a particle physics experiment. Several of the examples chosen for this chapter are based on the author’s own experience. Typically, the performance of a new calorimeter is tested in a particle beam provided by an accelerator. The potential pitfalls encountered in correctly assessing this performance both concern the analysis and the interpretation of the data collected in such tests. The analysis should be carried out with unbiased event samples. Several consequences of violating this principle are illustrated with practical examples. For the interpretation of the results, it is very important to realize that the conditions in a testbeam are fundamentally different than in practice. This has consequences for the meaning of the term “energy resolution”. It is shown that the way in which the results of beam tests are quoted may create a misleading impression of the quality of the tested instrument.


2020 ◽  
Vol 9 (5) ◽  
pp. 94
Author(s):  
Khalid Ayad ◽  
Khaoula Dobli Bennani ◽  
Mostafa Elhachloufi

The concept of governance has become ubiquitous since it is recognized as an important tool for improving quality in all aspects of higher education.In Morocco, few scientific articles have dealt with the subject of university governance. Therefore, we will present a general review of the evolution of governance through laws and reforms established by Moroccan Governments from 1975 to 2019. The purpose of the study is to detect the extent of the presence of university governance principles in these reforms.This study enriches the theoretical literature on the crisis of Moroccan university and opens the way to new empirical studies to better understand the perception of university governance concept in the Moroccan context and to improve the quality of higher education and subsequently the economic development of the country.The findings of this study show an increasing evolution of the presence of university governance principles in reforms and higher education laws.


Author(s):  
Malene Friis Andersen ◽  
Karina Nielsen ◽  
Jeppe Zielinski Nguyen Ajslev

There is a growing interest in organizational interventions (OI) aiming to increase employees’ well-being. An OI involves changes in the way work is designed, organized, and managed. Studies have shown that an OI’s positive results are increased if there is a good fit between context and intervention and between participant and intervention. In this article, we propose that a third fit—the Relational Fit (R-Fit)—also plays an important role in determining an intervention’s outcome. The R-Fit consists of factors related to 1) the employees participating in the OI, 2) the intervention facilitator, and 3) the quality of the relation between participants and the intervention facilitator. The concept of the R-Fit is inspired by research in psychotherapy documenting that participant factors, therapist factors, and the quality of the relations explain 40% of the effect of an intervention. We call attention to the importance of systematically evaluating and improving the R-Fit in OIs. This is important to enhance the positive outcomes in OIs and thereby increase both the well-being and productivity of employees. We introduce concrete measures that can be used to study and evaluate the R-Fit. This article is the first to combine knowledge from research in psychotherapy with research on OIs.


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