scholarly journals MEDIATION: PRACTICE IN THE CORPORATE WORLD

2021 ◽  
Vol 12 (Number 1) ◽  
pp. 51-67
Author(s):  
Nur Khalidah Dahlan ◽  
Muhamad Helmi Md. Said ◽  
Ramalinggam Rajamanickam

The relationship between parties in corporate world is essential in order to addressing business disagreements. Where it is focusing on the language of business contract per se. Despite various dispute solutions and legal provisions on corporate, company and shareholder rights, all the parties concern are still facing some challenges. Mediation method is one of the alternative dispute resolutions for those who seeks justice without undergo the court proceeding. It is a swift and inexpensive form of dispute resolution. Mediator’s role is to facilitate the disputing parties, and utilizes both joint and private sessions to assist them to achieve consensus. In view of the economic interest, and with a vision to maintain their business relation, a private settlement is preferred between them. This study is using the doctrinal and comparative research methods. In which, this study is comparing the pertinent literature on jurisdiction of the court and Mediation Bodies in terms of Corporate / Company / Shareholders. The discoveries of this study are vital in describing the pros and cons of mediation practices and how it reflects justice to the Malaysian society.

1979 ◽  
Vol 73 (2) ◽  
pp. 494-504 ◽  
Author(s):  
James M. McCormick ◽  
Young W. Kihl

In this study, we evaluate whether the increase in the number of intergovernmental organizations (IGOs) has resulted in their increased use for foreign policy behavior by the nations of the world. This question is examined in three related ways: (1) the aggregate use of IGOs for foreign policy behavior; (2) the relationship between IGO membership and IGO use; and (3) the kinds of states that use IGOs. Our data base consists of the 35 nations in the CREON (Comparative Research on the Events of Nations) data set for the years 1959–1968.The main findings are that IGOs were employed over 60 percent of the time with little fluctuation on a year-by-year basis, that global and “high politics” IGOs were used more often than regional and “low politics” IGOs, that institutional membership and IGO use were generally inversely related, and that the attributes of the states had limited utility in accounting for the use of intergovernmental organizations. Some of the theoretical implications of these findings are then explored.


2010 ◽  
Vol 10 (3) ◽  
pp. 74-96 ◽  
Author(s):  
Klaus Dingwerth ◽  
Margot Eichinger

In this contribution, we explore the tensions that seem inherent in the claim that transparency policies “empower” the users of disclosed information vis-àvis those who are asked to provide the information. Since these tensions are particularly relevant in relation to voluntary disclosure, our analysis focuses on the Global Reporting Initiative (GRI) as the world's leading voluntary corporate non-financial reporting scheme. Corporate sustainability reporting is often hailed as a powerful instrument to improve the environmental performance of business and to empower societal groups, including consumers, in their relations with the corporate world. Yet, our analysis illustrates that the relationship between transparency and empowerment is conflictual at all four levels of activity examined in this article: in the rhetoric and policies of the GRI as well as in the actual reporting practice and in the activities of intermediaries in response to the organization's disclosure standard.


2018 ◽  
Vol 15 (1) ◽  
pp. 33-50 ◽  
Author(s):  
Emily Julia Kakoullis

AbstractIn its concluding observations for Cyprus, the UN Convention on the Rights of Persons with Disabilities (CRPD) Committee stated that it ‘is concerned about the insufficiency of legal provisions and accessible mechanisms to detect, report, prevent and combat all forms of violence’.1This paper focuses on the independent monitoring obligation Article 16(3) CRPD places on states parties, and discusses the implications of the insufficient implementation of Article 16(3) as it affects adults with intellectual disabilities in Cyprus. It examines the existing monitoring frameworks, explains why they do not meet with Article 16(3) CRPD requirements and explores the relationship of the national human rights institutions (NHRIs) with Article 16(3). This paper enables understanding as to how, despite pre-existing monitoring frameworks in place, no independent monitoring action has been taken since the ratification of the CRPD. It argues that there is an immediate need for measures to achieve the implementation of Article 16(3) and makes recommendations for Cyprus and other states parties.


Author(s):  
Rashedul Hasan ◽  
Tee Mei Yun

In today’s corporate world, Corporate Social Responsibility (CSR) is becoming a significant field of study for all businesses as its notion has increased attention of both academics and practitioners. Secondary sources of data are utilized using document analysis method to understand the relationship between Corporate Social Responsibility (CSR) and corporate reputation (CR). Five papers are selected from Science Direct which covers the time frame of 2012 until 2017. Evidence indicates that there is a positive, direct and significant relationship between CSR and CR. This paper contributes to the understanding of interrelations between CSR and CR. Practitioners can use the result of this study as a foothold to strengthen the integration of CSR and take advantage of synergies between CSR and CR. The value of paper resides in making this rather under-researched literature on the relationship between CSR and CR be more accessible for both scholars and practitioners.


2020 ◽  
Vol 9 (2) ◽  
pp. 91-103 ◽  
Author(s):  
Todd Graham ◽  
Julia Schwanholz

Digital transformation changes the relationship between citizens and politics. The observation of this nexus is highly relevant for representative democracy. After the successful 2008 Obama campaign, a vast body of research that explores how and why politicians use social media has emerged. However, we still know very little about how social media are being adopted and used in-between elections, and still less yet about what this means for political representation. Therefore, this special issue brings together innovative research that focuses on how the use of social media is impacting upon the relationship between politicians and political parties, and citizens. First, we discuss some pros and cons of this transformation in the context of the relevant literature and, especially, in relation to Stephen Coleman’s concept of ‘direct representation’. Finally, we discuss the findings and merits of the contributions and what the issue adds to our understanding of the phenomenon to the state of research.


This chapter introduces the concept of statistical analysis and analytics management in the contest of food and beverage data analysis and business decision modeling. It lays the foundation for a broad understanding of statistical analysis in general, the meaning of analytics, and the advantages of using statistical data analysis. It emphasizes the relationship between a statistical application, analysis, and business relation using basic statistical information in the decision-making process. It shows various formulas, tools, and techniques for self-conducted analysis in small and medium-size foodservice operations.


Author(s):  
David Semple ◽  
Roger Smyth

Covering the role of the psychiatrist in forensic situations, from participation in the criminal justice system and legal definitions of crime (including homicide, violence, and sexual offences) to the relationship between mental disorders and offending, this chapter addresses secure hospitals and units, police and court liaison, and the role of the prison psychiatry. Legal provisions and how to give evidence in court are described, and an overview of pathways through the criminal health and justice system for mentally disordered offenders is provided. Fitness to plead and criminal responsibility are both explained.


1986 ◽  
Vol 6 (2) ◽  
pp. 121-135 ◽  
Author(s):  
Tom Deans ◽  
Alan Ware

ABSTRACTThis article examines the issues and the problems confronted by those conducting comparative research of charity-state relations in England, Canada and the United States. It also provides an explanation of why the interaction between charities and the state is important for political science: in part this is because in all three countries charities have become increasingly dependent on government for their income. In section I, the article examines the relationship between the concepts of a third sector, voluntary sector, non-profit sector and charity and concludes that the last might be the most appropriate to employ in comparative analysis. In section 2, the authors argue that in both England and Canada the state is formally responsible for the formation of certain kinds of charities; they also argue that in the United States a stricter separation between state and charity exists but that, in practice, the boundaries between charities and the state and the market are not clear ones.


1994 ◽  
Vol 50 (3) ◽  
Author(s):  
A. B. Du Toit

The rise and current state of New Testament research in South Africa: Part 3 - A critical evaluation First the pros and cons of the South African emphasis on methodology arw discussed. On the positive side a much greater sensitivity for methodological austerity has been developed. On the negative side New Testament research has not contributed enough towards serving theology and the church at large. In dealing with the problem of relevancy in the socio-political field, it is acknowledged that more should be done, without putting the specific character of New Testament studies in jeopardy. The burning issue of the relationship between faith and reason should be tackled. The correct approach seems to be respecting the tension between these two entities, while at the same time working and striving towards closing the gap between them.


2015 ◽  
Vol 16 (6) ◽  
pp. 1543-1568
Author(s):  
Aleksandra Kustra

The main purpose of the preliminary ruling procedure is to prevent divergences in judicial decisions applying European Union (EU) law and to ensure the uniform interpretation of EU legal provisions across Member States. The procedure, introduced in the Founding Treaties, has provided a platform for the Court of Justice of the European Union (hereafter, the ECJ or the CJEU) to deliver seminal judgments that have progressively defined the relationship between national and EU legal systems, among others. The procedure has also helped the ECJ to develop fundamental principles of EU law, including direct effect, indirect effect (i.e., the interpretation of national law in line with directives) and primacy. Being one of the most important aspects of the EU judicial system, the procedure provided by Article 267 of the Treaty on the Functioning of the European Union (hereafter, TFEU) has had an immense impact on the harmonious development of EU law and the way in which national courts and EU courts interact and communicate.


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