Singapore Convention on Mediation and Its Ratification in China

China has signed the United Nations Convention on International Settlement Agreements Resulting from Mediation, namely the Singapore Convention on Mediation, on August 7, 2019, making it possible for China’s domestic courts to resolve international commercial disputes by implementing settlement agreements resulting from international commercial mediation. Relying on the Belt and Road Initiative (BRI), numerous commercial mediation organizations have successively established and integrated mediation into the international commercial dispute resolution mechanism in making effort for the internationalization of China’s commercial mediation system under the background of improving diversified dispute resolution mechanisms. Based on the status quo of commercial mediation in China, this article focuses on the connection and convergence between China’s practice and the principle of the Convention, as well as discusses the rationality for its ratification.

Family Mediation: A New Form Of Resolving Family Disputes

Today, the role of the institution of mediation in resolving disputes around the world is increasing. Particularly, since 2018, a completely new system - the mediation system - has entered the legislation of Uzbekistan as an alternative way to resolve disputes. Family mediation is one of the types of mediation. This article draws several conclusions based on foreign experience in family mediation, the views of legal scholars, and the study of national legislation as a new form of family dispute resolution.

PENYELESAIAN KASUS PELANGGARAN HAK ASASI MANUSIA BERAT TERHADAP ETNIS ROHINGYA DI MYANMAR BERDASARKAN HUKUM INTERNASIONAL

This paper aims to described and analyse rules of international law with respect to protection against ethnic rohingya, and find out and analyse the efforts that can be made in resolving the cases of severe Human rights violations against the ethnic rohingya in Myanmar based on international law. The Research is conducted through normative. The materials used are the primary, secondary, and tertiary studies of librarianship. It is found that Myanmar government has commited international wrongfull act by neglecting its international obligations in protecting international community’s interest toward international peace and security. For such human rights violation, Myanmar has an obligation to resolve it under article 33 of the UN Charter throught diplomacy before bringing to judicial institution. The diplomacy can be done through mediation system and if it fails, then such violation can be brought before the ICC (International Criminal Court) and should be sentenced based on international law.

The Relevance of the Use of Mediation Technologies by Participants of Educational Relations of the Smolensk Region

The article reveals the possibilities of using mediation technologies in educational organizations. The paper presents the results of a survey of teachers of general education institutions in the city of Smolensk and the Smolensk region, which determine the relevance of the use of mediation technologies in resolving confl icts between participants in educational relations. An action plan for the development of a regional independent mediation system has been developed.

Mediation: A Change in Finnish Court Culture?

The topic of this chapter is court-connected mediation and how mediation has affected the court culture in civil cases in Finland. The focus is on the three following dimensions of the mediation system: on legislative, theoretical, and practical changes. The main normative change was the act that came into force in 2006. The new legislation led gradually to changes in practice as well. A significant amount of cases in the District Courts go to mediation today. The law defines judges also as mediators, and in practice many judges are trained and experienced mediators. Also, the theoretical framework for courts has expanded, since mediation theories constitute a relevant basis for the mediation process. The change in culture is also multidirectional. Not only has mediation moved into the legalistic court culture, but also the legal context affects mediation. Mediation has changed court culture by providing an alternative to court trial and it has brought new dimensions to the definition, role and function of courts of law.

Mediation as an alternative way of considering and resolving public law disputes

The work concerns the study of administrative and legal support of mediation as a method of resolving administrative disputes, analysis of the theoretical foundations of Ukraine in mediation, taking into account relevant foreign practice and methods of improving mediation and legal support in domestic administrative procedures. The paper reveals the origin of the mediation system, clarifies its essence, structure and characteristics of the mediation system and determines the legal basis of mediation as a means of resolving administrative disputes and types of mediation practices. As a result of this study, several proposals were made to improve existing legislation and law enforcement practices in the field of mediation as an alternative to conflict resolution. It has been stated that the clear introduction of one of the world models of mediation in the ad-ministrative process of Ukraine will contribute not only to achieving a balance of interests between indi-viduals, legal entities and subjects of power, development of partnerships, business relations between them, harmonization of public relations, but also development institute of mediation in general. Simultaneously with the introduction of mediation in the administrative process of Ukraine, it is necessary to establish legal liability for the mediator for violating the requirements of confidentiality. Thus, the improvement of mediation processes in the administrative proceedings of Ukraine plays an important role and needs further improvement, as mediation can greatly simplify the activities of courts and improve their work in difficult cases.

MEDIATION SYSTEM IN DISPUTES OF OWNERSHIP PERSFECTIVE ACADEMIC ISLĀḤ (A Research in Aceh Besar)

This article will explain how the authority of village officials in resolving disputes over ownership of aid houses is mediated? To answer the problem above, the writer uses the descriptive analysis research method, where the data obtained is sourced from observations, interviews, photoshoots, document analysis, and field notes compiled by the writer at the research location which is not set forth in the form of figures. From the results of the study it can be seen that based on Aceh Qanun Number 9 of 2008 concerning the Development of Customary Life and Customs where village officials have the authority to reconcile disputes that occur within the community by deliberation / mediation and one of the village apparatuses that mediates the parties who disputes to end their disputes peacefully. The consequence of the mediation decision is the termination of the dispute that occurred and the parties agreed to make peace by making a peace agreement and carrying out the agreement accordingly. The concept of mediation in positive law is no different from the concept of iṣlāḥ in Islamic law which involves a third party to reconcile the disputing parties. The content of the agreement of the mediation that has been carried out by the parties, is allowed in Islamic law because the purpose of iṣlāḥ or mediation is to end the dispute.