New legislative accents in the mediation procedure and legal principles of alternative dispute resolution

The article analyzes the latest versions of federal laws that made changes to the mediation procedure — allowed judges to resign to perform the procedure of professional mediation; provided an opportunity to notarize a mediation agreement, giving force to an enforcement document; the procedure of «judicial reconciliation» appeared. It is proved that mediation in its essence is not the «activity» of professional intermediaries, mediators, but a «procedure», namely, a structured process that is an alternative dispute resolution technology. The legal principles of the mediation process are disclosed: voluntariness, confidentiality, neutrality, passionlessness and independence of the mediator, independent decision-making by the parties, equality of the parties.

The importance of apology to mediation: A mixed-methods study of role, effectiveness and implications for practice

This paper explores the role of apology in the resolution of conflict through mediation. The paper outlines the distinctive features of mediation that contribute to its unique potential to help restore relationships, with apology forming a potentially transformative aspect to this. However, not all apologies are the same and not all apologies are effective. Working from the literature, this article seeks to clarify the characteristics of apology that are likely to make it effective in mediation. A review of the literature also reveals a range of moderating factors that can further impact the effectiveness of apology. Particular attention will be paid to these moderators in considering what contributes to a template of apology effectiveness in the context of mediation. In this study, the first of its kind in an Irish context, empirical data from an online survey of 97 practicing mediators along with in-depth interviews with a sample of 24 organisational mediators is analysed, in relation to five core questions aimed at determining the fundamental nature of apology in mediation. While the mediators who were interviewed operate in the ‘organisational’ context, the mediators we surveyed practice across a range of mediation contexts, including civil, workplace, and family. Therefore the context, in this case, was not controlled. Nonetheless, the analysis yields insights that support the view found in the literature that an apology can, in certain circumstances, be an effective means of transforming the mediation process. A summary of these findings indicates that: (a) Practicing mediators confirm that apology is a prominent feature of mediation, and that the process represents fertile soil for apology. This represents a challenge to the mediator where apology is not forthcoming. (b) Where an apology is forthcoming but hesitant, skilled mediators can act as a conduit of apology between parties. (c) The data also suggests that a high-quality apology, issued spontaneously, can have a transformative effect on the dispute, particularly where the relationship is on-going. The main contribution of this paper lies in its potential to inform mediation practice, by illustrating the potential impact of apology and by offering role guidance to practitioners who wish to facilitate such potential where circumstances allow. The paper also contributes to the literature through insights offered by the research respondents which shed new light on existing themes. Ultimately this research argues that mediation can accommodate apology as a potent means of repairing relationships, and that the mediator can play a key role in this. The paper will make the case for a nuanced, yet structured approach to apology, one that needs to be reflected in mediator training and practice. The case for further research is presented at the end.

Adapting to mediation online: the Irish experience

This article contrasts the use of online mediation in Ireland from February 2019, prior to the Covid-19 pandemic in March 2020, and from then until March 2021. It considers the context for online mediation in Ireland, the challenges to the mediation process, the experience of online mediation from the perspectives of mediators and participants in mediation. Sharing these experiences informs future decisions as to how technology might best be integrated into mediation practice in the longer term. The experience of 13 mediators indicates that there are challenges due to familiarity with technology for mediators and participants, and challenges to power balancing and confidentiality. In Ireland, although platforms such as Zoom played a major role, use of the telephone in the mediation process also increased. An online mediation competence framework for mediators is proposed.

SETTLEMENT OF NON-PERFORMING LOAN THROUGH MEDIATION AT BANK OF CENTRAL ASIA CO., LTD. OF BENGKULU BRANCH OFFICE

This study aims to determine and analyze the settlement of problem loans through the mediation of PT. Bank Central Asia Bengkulu Branch and to identify and explain the obstacles that arise in the settlement of non-performing loans at PT. Bank Central Asia, Bengkulu Branch. The research method used is empirical legal research, the research location was at PT Bank Central Asia Bengkulu Branch Office, the data collection technique was carried out through interviews. In PT Bank Central Asia, Bengkulu Branch, there are 178 people who are debtors. If the debtor does not fulfill his obligations, there will be default, which can cause the credit activity to become a non-performing loan. The settlement of non-performing loans at PT Bank Central Asia, the bank first carries out the negotiation stage, if the obligations are still not fulfilled by the debtor, the next step is to carry out the mediation process. The process of settling non-performing loans through mediation at PT Bank Central Asia Bengkulu Branch is carried out by means of internal mediation, which is the mediator, namely from the Legal and Compliance Task Force team at the Sentul Head Office, Bogor. There are 7 debtors who have completed problem loans until the mediation stage. The non-performing loan settlement process has never been carried out by means of litigation and never through OJK. Inhibiting factors have 2 causes, namely from internal factors and external factors. The suggestion for this research is to provide insights about the mediation process to the debtor so that the debtor understands the mediation process.

COVID fear and work-family conflict: a moderated mediated model of religiosity, COVID stress and social distancing

Purpose Based on the arguments of conservation of resource theory (COR), this study aims to investigate the mechanism underlying the linkage of COVID fear, work-family conflict (W-FC) and family-work conflict (F-WC) while investigating the mediating role of COVID stress and social distancing. The study also tests the moderating role of religiosity in these relationships. Design/methodology/approach In total, 401 survey responses from doctors and university teachers are collected through online and personally administrated questionnaires. Partial least square-based structural equation modeling technique is applied using Smart PLS software. Findings This study finds that COVID fear has a positive and significant impact on COVID stress and social distancing while religiosity negatively impacts COVID fear. Further, COVID stress and social distancing mediates the relationships between COVID fear and W-FC/ F-WC. However, the study found that COVID stress is a more effective mechanism as compared to social distancing in explaining the mediation process. It is also found that religiosity significantly moderates the nexus between COVID stress and both W-FC and F-WC negatively. Practical implications Findings imply that the teachers, as well as doctors, must be immediately be provided with the proper facilitation to maintain their work from home operations with the best of the institutional facilities. Moreover, the recruitment policy in such professions can also consider religious practices to be the indicators of problem-solving and stress management in such a challenging context. Originality/value This study provides timely and novel insight into the interplay between the domains of work and family during the period of stressful COVID outbreak. By distinguishing W-FC and F-WC, it provides a detailed understanding of the process during the COVID period. The groundbreaking finding in the research is with the moderation of religiosity.

Mediation In Settlement of Joint Marital Property Disputes: Study At Tanjung Karang Religious Court, Lampung

In general, after a divorce, there are frequent disputes relating to joint marital property. The settlement of joint marital property disputes can be carried out through a mediation process applied through litigation (court) and non-litigation (outside court). The settlement of joint marital property disputes is one of the absolute jurisdictions of Religious Courts. The number of joint marital property cases successfully mediated in Religious Courts throughout Indonesia in 2018 was 6.2%, in 2019 was 5,5%. This paper describes the factors that cause unsuccessful mediation in settling disputes over joint marital properties at Tanjung Karang Religious Court, Lampung. This empirical study with qualitative analysis and a normative juridical approach interviews mediator judges, disputants, and advocates. The research results show that the implementation of the mediation process in settlements of joint marital property disputes at Tanjung Karang Religious Court in the last four years is 15.1%, which is in the low category. Factors that influence the unsuccessfulness of mediation in joint marital property disputes at Tanjung Karang Religious Court are the absence of the parties, the disputed object, and the intervention of third parties (family, friends, and lawyers).

LEGAL ESSENCE OF MEDIATION AND PROCESS OF MEDIATION FOR A A СONFLICT-FREE DISPUTE RESOLUTION

The relevance of the research topic is due to the fact that in today’s world there is an urgent need to promptly, legally, and most importantly justice to resolve the dispute that has arisen between the parties. Nowadays, such activities as mediation are becoming more and more popular. The article provides a definition of mediation and the mediation process as concepts in the relationship between statics and dynamics, identifies their features and the main principles that should be followed in mediation and the mediation process. Emphasis is placed on the historical experience of the existence of the beginnings of mediation in the ancient world. Proposals are provided for the effective implementation of this institution in modern legislation, as well as requirements for persons who must carry out mediation activities. The objectives of this article, correlating with the conclusions and suggestions, are to separate the legal institutions of mediation and the mediation process as a static concept and a dynamic process; identification of general features as signs of mediation and special features as signs of the mediation process; defining special principles specific to the mediation process; substantiation at the legislative level of basic educational requirements for a mediator and ethical rules of a mediator. Consider the possibility at the legislative level to provide for the possibility of appealing the mediation agreement under certain conditions, for example, if the information considered in the mediation process was misrepresented by one or both parties, or it turns out that the mediator abused his position or rights. It turns out that mediation and the mediation process can become an equal tool for resolving disputes with the highest effect of positivism to protect the rights and interests of the parties.

Relationship between Marriage Immigrant Mothers’ Acculturative Stress and Their Adolescent Children’s Career Decidedness in South Korea: Mediating Roles of Parenting and School Adjustment

International marriages between Korean men and foreign women from other Asian countries have been increasing since the late 1990s in Korea. This study examines the mediating effects of parenting self-efficacy, career-specific parenting behaviors, and school adjustment on the relationship between immigrant mothers’ acculturative stress and their adolescent children’s career decidedness. Data were collected from 1181 third grade students (583 boys, 598 girls) in Korean middle schools and their foreign mothers who participated in the Multicultural Adolescents Panel Study. A structural equation modeling analysis revealed the following multiple mediation process: immigrant mothers’ acculturative stress is indirectly related to their adolescent children’s career decidedness through (1) the dual mediation of parenting self-efficacy and career-specific parenting behaviors; (2) the serial mediation of parenting self-efficacy, career-specific parenting behaviors, and adolescents’ school adjustment; (3) the dual mediation of parenting self-efficacy and adolescents’ school adjustment; and (4) the mediation of adolescents’ school adjustment. This study provides directions for parent education and career counseling to enhance immigrant mothers’ parenting competence and support the positive career development of adolescents from multicultural families. The study, therefore, helps them grow into well-adjusted adults in Korean society, which, in turn, contributes to the well-being of immigrant mothers and their adolescent children.

Mediation in Marriage Disputes and Divorce (Analytical Study on the Application of Mediation in the Gorontalo Religious Court)

This article discussed mediation as a way of resolving marital disputes. Divorce was one form of marital dispute in the Religious Courts, and in terms of resolving marital disputes, mediation was required. Although the rules of mediation in the judiciary are very clear, the facts show that the disputing parties and the courts have not optimized their use so that the divorce rate every year does not experience a significant decrease; on the contrary, it increases. The theory regarding mediation procedures in the Religious Courts has clearly been stated in the Supreme Court of the Republic of Indonesia (No. 1 of 2016). This article aims to analyze the implementation of the mediation process at the Gorontalo Religious Court. Therefore, it is necessary to conduct more in-depth research on the effectiveness of the Gorontalo Religious Court to resolve marital disputes that lead to divorce, which can be avoided, and the litigants can get back together and foster a ‘sakinah mawaddah wa rahmah’ household. This article used a qualitative with an empirical juridical approach. It could be concluded that the mediation had been carried out at the Gorontalo Religious Court under the Regulation of the Supreme Court of the Republic of Indonesia (No. 1 of 2016). Four factors affect successful and unsuccessful mediation, namely the litigation party factor, the mediator factor, the advocate or lawyer factor, and the representative mediation room factor.

How Does Green Training Boost Employee Green Creativity? A Sequential Mediation Process Model

Despite accumulated evidence from previous studies that green creativity is highly emphasized in various industries, limited research has been conducted in the context of public sectors. Drawing on the dynamic componential model of creativity and innovation in organizations, this paper aims to propose and sequentially test the relationship between green training and employees’ green creativity through green values and green intrinsic motivation. Based on the data collected in Chinese public sectors (N = 464) at two different time points, the results indicate that green training is positively related to green creativity. Moreover, this relationship is sequentially mediated by green values and green intrinsic motivation. The results in our study advance the emergent literature on green human resource management in the public sector for the practical applications of training and creativity in terms of green management.