scholarly journals Through the Looking Glass: Mediator Conceptions of Philosophy, Process and Power

1969 ◽  
pp. 819 ◽  
Author(s):  
Colleen M. Hanycz
Keyword(s):  
Qualitative Study ◽  
Civil Procedure ◽  
Best Interests ◽  
Mediation Process ◽  
Mediation Program ◽  
Self Interest ◽  
Looking Glass

While a number of civil reforms using mediation emerged across Canada in recent years, of particular interest is the Ontario Mandatory Mediation Program Mediation Program that was first piloted in 1999, deemed successful and then made a permanent feature of the Rules of Civil Procedure in 2001. This article suggests that before we can evaluate the outcomes of mandatory mediation, we must first look more closely at the process being implemented by the mediators in this context. With that in mind, this article considers the ways in which the mediators themselves perceive of the mediation process. It reports on a qualitative study that examined the nature of mediator views on the topics of, inter alia, settlement orientation and mediator power. This article advances the claim that mediator power Is, in fact, far greater than that held by the disputants or their advocates. This article suggests that this power, in the context of a mandatory mediation scheme, creates mediator self-interest in achieving high rates of settlement, regardless of whether or not settlement is in the best interests of the disputants in every situation.

scholarly journals In Machines We Trust: Are Robo-Advisers More Trustworthy Than Human Financial Advisers?

2019 ◽  
pp. 129-141 ◽  
Author(s):  
Hui Xian Chia
Keyword(s):  
Deep Learning ◽  
Black Box ◽  
Best Interests ◽  
Decision Making Process ◽  
Learning Technology ◽  
Technical Expertise ◽  
Learning Agents ◽  
The People ◽  
Self Interest ◽  
Deep Learning Model

This article examines the use of artificial intelligence (AI) and deep learning, specifically, to create financial robo-advisers. These machines have the potential to be perfectly honest fiduciaries, acting in their client’s best interests without conflicting self-interest or greed, unlike their human counterparts. However, the application of AI technology to create financial robo-advisers is not without risk. This article will focus on the unique risks posed by deep learning technology. One of the main fears regarding deep learning is that it is a “black box”, its decision-making process is opaque and not open to scrutiny even by the people who developed it. This poses a significant challenge to financial regulators, whom would not be able to examine the underlying rationale and rules of the robo-adviser to determine its safety for public use. The rise of deep learning has been met with calls for ‘explainability’ of how deep learning agents make their decisions. This paper argues that greater explainability can be achieved by describing the ‘personality’ of deep learning robo-advisers, and further proposes a framework for describing the parameters of the deep learning model using concepts that can be readily understood by people without technical expertise. This regards whether the robo-adviser is ‘greedy’, ‘selfish’ or ‘prudent’. Greater understanding will enable regulators and consumers to better judge the safety and suitability of deep learning financial robo-advisers.

Learning for Another: From Self-Interest to Altruism

2015 ◽  
Vol 57 (3) ◽  
pp. 252-280 ◽  
Author(s):  
Aaron W. Snyder ◽  
Stephen C. Yanchar ◽  
Edwin E. Gantt
Keyword(s):  
Qualitative Study ◽  
Growth And Development ◽  
Learning Experiences ◽  
Case Analysis ◽  
Communal Learning ◽  
Self Interest ◽  
Cross Case Analysis ◽  
Insight Into

This qualitative study offers an examination of the learning experiences of six individuals, each of whom initially learned for self-interested purposes, but later experienced a shift in their desire and pursued learning to benefit others. We conducted interviews that described this phenomenon and provided insight into the following question: What is the experience of a learner who transitions from learning out of self-interest to learning for the sake of another? Findings of this study include narrative case summaries for each participant and a cross-case analysis that includes six major themes regarding participants’ transition to altruistic forms of learning: humility as a prerequisite, communal learning, emphasis on the success of others, becoming more self-confident, becoming a more effective learner, and becoming more other centered. Overall, participants in this study found the most meaning by helping recipients achieve their own growth and development rather than by merely accomplishing tasks.

scholarly journals Decision-making dilemmas of paediatricians: a qualitative study in Japan

BMJ Open ◽  
2019 ◽  
Vol 9 (8) ◽  
pp. e026579
Author(s):  
Momoko Sasazuki ◽  
Yasunari Sakai ◽  
Ryutaro Kira ◽  
Naoko Toda ◽  
Yuko Ichimiya ◽  
...  
Keyword(s):  
Decision Making ◽  
Qualitative Study ◽  
Professional Education ◽  
Best Interests ◽  
Complex Structures ◽  
Social Consensus ◽  
Face To Face ◽  
Life Threatening ◽  
Decision Making Processes ◽  
Five Elements

ObjectiveTo delineate the critical decision-making processes that paediatricians apply when treating children with life-threatening conditions and the psychosocial experience of paediatricians involved in such care.DesignWe conducted semistructured, individual face-to-face interviews for each participant from 2014 to 2015. The content of each interview was subjected to a comprehensive qualitative analysis. The categories of dilemma were extracted from a second-round content analysis.ParticipantsParticipants were board-certified paediatricians with sufficient experience in making decisions in relation to children with severe illnesses or disabilities. We repeated purposive sampling and analyses until we reached saturation of the category data.ResultsWe performed interviews with 15 paediatricians. They each reported both unique and overlapping categories of dilemmas that they encountered when making critical decisions. The dilemmas included five types of causal elements: (1) paediatricians’ convictions; (2) the quest for the best interests of patients; (3) the quest for medically appropriate plans; (4) confronting parents and families and (5) socioenvironmental issues. Dilemmas occurred and developed as conflicting interactions among these five elements. We further categorised these five elements into three principal domains: the decision-maker (decider); consensus making among families, colleagues and society (process) and the consequential output of the decision (consequence).ConclusionsThis is the first qualitative study to demonstrate the framework of paediatricians’ decision-making processes and the complex structures of dilemmas they face. Our data indicate the necessity of establishing and implementing an effective support system for paediatricians, such as structured professional education and arguments for creating social consensus that assist them to reach the best plan for the management of severely ill children.

scholarly journals DERECHO DE LOS NIÑOS Y LAS NIÑAS A SER OÍDOS EN LOS TRIBUNALES DE FAMILIA CHILENOS: LA AUDIENCIA CONFIDENCIAL

2016 ◽  
Vol 26 (2) ◽  
pp. 53 ◽  
Author(s):  
Elena Salum Alvarado ◽  
Sara Salum Alvarado ◽  
Ricardo Saavedra Alvarado
Keyword(s):  
Qualitative Study ◽  
La Niña ◽  
Best Interests ◽  
Family Court ◽  
Family Courts ◽  
La Nina ◽  
Guiding Principles ◽  
The Right ◽  
Family Court Judges ◽  
Legal Sociology

Este trabajo pretende conocer la opinión que los jueces de familia poseen sobre el derecho a ser oído delos niños y las niñas (0 a 14 años) y la importancia que estos le otorgan como uno de los componentesdel interés superior del niño y la niña. El estudio –de carácter cualitativo– se inserta en la sociologíajurídica empírica. Para este efecto, se aplicaron entrevistas semiestructuradas a jueces de familia, lascuales se enfocaron en los procesos de los Tribunales de Familia, específicamente en la figura de laaudiencia confidencial. Sostenemos que existe una desalineación entre la legislación que pretende darvida a los principios rectores de la Convención de los Derechos del Niño y los tribunales de familia,específicamente, en la manera en que esta legislación contempla dar cumplimiento al derecho a ser oído.AbstractThis work addresses the views family court judges have on The Right of Children to be heard (0-14years) and the importance they give this as one of the components of the Best Interests of the Child.This qualitative study is framed into the empirical Legal Sociology. To this effect, semi structured interviewsto Family Court Judges were applied, focusing on Family Courts processes, specifically in theConfidential Hearing Audience. We argue that there would be a misalignment between the legislationwhich aims to give life to the Convention on the Rights of the Child’s guiding principles and FamilyCourts, specifically, on how this legislation plans on implementing the right to be heard.

What Parents of Seriously Ill Children Value: Parent-to-Parent Connection and Mentorship

2007 ◽  
Vol 55 (2) ◽  
pp. 117-130 ◽  
Author(s):  
Shelley Cohen Konrad
Keyword(s):  
Qualitative Study ◽  
Special Needs ◽  
End Of Life ◽  
Parent Support ◽  
Best Interests ◽  
Chronic Medical Conditions ◽  
Medical Conditions ◽  
Dying Children ◽  
Small Things ◽  
Seriously Ill

The value of parent-to-parent support has been noted in research with parents of children who have a range of special needs and chronic medical conditions, however, less is known about the benefit of such mentorship for parents caring for seriously ill and dying children. Findings from a qualitative study with mothers of seriously ill children, including those whose children had died, provided rich and detailed information about the personal and practical resources they received from other parents. Personal recommendations to parents by parents included the value of seeking out mentorship and appreciating the small things in life, while practical suggestions encompassed encouraging parents to become informed and to advocate for their children's best interests. Mothers also identified professionals with end-of-life training as instrumental agents of support.

scholarly journals A Qualitative Study on Children’s Digital Media Use and Parents’ Self-interest

2021 ◽  
Author(s):  
Suzanne M. Geurts ◽  
Ina M. Koning ◽  
Helen Vossen ◽  
Regina J.J.M. Van den Eijnden
Keyword(s):  
Qualitative Study ◽  
Digital Media ◽  
Media Use ◽  
Age Groups ◽  
Older Children ◽  
Structured Interviews ◽  
Children's Media ◽  
Targeted Sampling ◽  
Self Interest ◽  
Role Of Parents

AbstractThis qualitative study provides insight into the role of parents’ self-interest in digital media use of children in different age groups. We conducted 31 semi-structured interviews with fathers/mothers of children aged 3–16 years who were recruited via targeted sampling. A deductive and inductive content analysis was applied. Results show that parents’ self-interest in letting children use digital media includes being able to do other tasks without being bothered, having some me-time, managing children’s behavior, avoiding discussions, having moments to use digital media themselves and spending quality-time together. In addition, we found that the manner in which parents let children use digital media out of self-interest seems to depend on age. With younger children, parents initiate digital media use or set times at which children are allowed to use digital media. With older children, parents use a passive manner by omitting restrictive responses to their children’s media use. Current findings can be used to inform interventions aimed at reducing children’s screen time.

Regulating Financial Advisers in the UK: Lessons for Australia

2021 ◽  
Vol 44 (1) ◽  
Author(s):  
Weiping He ◽  
Han-Wei Liu
Keyword(s):  
Financial Crisis ◽  
Global Financial Crisis ◽  
Best Interests ◽  
Regulatory Regime ◽  
Australian Government ◽  
Financial Advice ◽  
The United Kingdom ◽  
Self Interest ◽  
The Uk

Prompted by the 2008 Global Financial Crisis, the Australian government introduced?the Future of Financial Advice reforms in 2013. It aimed to improve the quality of financial advice by virtue of a best interests duty and a ban on conflicted remuneration,?inter alia. Despite the reforms, public trust in financial advisers remains unacceptably low. Adviser misconduct, driven by conflicted self-interest, remains prevalent. By contrast, there is relatively greater trust in financial advisers in the United Kingdom (‘UK’). This article focuses on how the UK regulates financial advisers, where the best interests duty and suitability rule also apply. The analysis that follows is confined to the legislative text. The UK regulatory regime offers directions and possibilities for further Australian reforms.

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