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.

Brain Asymmetry: Towards an Asymmetrical Neurovisceral Integration

Despite the ancestral evidence of an asymmetry in motor predominance, going through the inspiring discoveries of Broca and Wernicke on the localization of language processing, continuing with the subsequent noise coinciding with the study of brain function in commissurotomized patients—and the subsequent avalanche of data on the asymmetric distribution of multiple types of neurotransmitters in physiological and pathological conditions—even today, the functional significance of brain asymmetry is still unknown. Currently, multiple evidence suggests that functional asymmetries must have a neurochemical substrate and that brain asymmetry is not a static concept but rather a dynamic one, with intra- and inter-hemispheric interactions between its various processes, and that it is modifiable depending on changing endogenous and environmental conditions. Furthermore, based on the concept of neurovisceral integration in the overall functioning of an organism, some evidence has emerged suggesting that this integration could be organized asymmetrically, using the autonomic nervous system as a bidirectional communication pathway, whose performance would also be asymmetric. However, the functional significance of this distribution, as well as the evolutionary advantage of an asymmetric nervous organization, is still unknown.

More than a snapshot: dynamic value-in-use emergence in e-services

Supporting consumers’ value-in-use (ViU) emergence throughout a usage process has become increasingly challenging as, in today’s environment, usage has shifted from discrete events to continuous e-service interactions. Although researchers acknowledge that ViU is dynamic and evolves over time, most studies treat it as a static concept. Using the empirical context of language learning applications, the authors adopt a dynamic perspective on e-service ViU and extend it with regulatory mode theory using a qualitative approach. By applying the underlying functions of self-regulation: locomotion and assessment, the authors investigate how ViU emerges throughout a usage process and establish an eight-stage ViU emergence process, ranging from initial trigger to termination. By examining a consumer’s usage, assessments, and movements, practitioners can pinpoint a consumer’s location in the ViU emergence process and take appropriate measures to further promote ViU emergence in e-services.

Heritage Preservation as Strategy for Recomposing Conflict Territories

Heritage admits diverse readings depending on different territorial spaces, contexts, and knowledge fields. The relation between Heritage and the social contexts is one of these knowledge areas. But Heritage accepts a dual perception as a cultural reflection. It may be considered either as the origins of the conflicts or the engine for recomposing disrupted territories. The paper proposes a reflection on the topics related to conflict territories and the roles currently played by Cultural Heritage. The recomposition of conflict territories is based on a continuous intercultural approach with important contributions from human rights, genders equality, intercultural dialogue perspectives and the fact of taking heritage as a territorial stabilization factor. The paper presents specific practical cases in the Eastern Mediterranean region where actions on Heritage religious elements collide with the national sovereign of the respective current countries. A comparative study among these different actions proves that the initial clashes can be progressively transformed into strategies able to become the future guideline for the resolution of heritage regional conflicts. These conflicts reflect two discourses: political (with strong links between national identity and religion) and scientific (with a clash between static concept and dynamic vision) where objects interact with the visitors.

Race-ing the Russian Nineteenth Century

The article offers a methodological reflection on the practical work of reading race in Russian literary texts, especially from the nineteenth century. It makes four key arguments. First, “racialization,” in the sense of an interactive process, is a more productive lens than an essentially static concept of race. Second, race is not only, and not always, a question of perception or meaning-making, but also ideology. Third, the concept of race typically engages notions of class, gender, and sexuality, an intersectionality that merits particular attention. Fourth, critiquing race can be productively furthered by paying attention to anxieties and insecurities that underlie racial hierarchies and biases, which can be revealed through readings against the grain. As we cast new light on Russia's engagement with race, it is essential that the culture of the Russian nineteen-century become part of this reappraisal.

Archives, Museums and Copyright Law: Reconciling the Traditional with Contemporary Practices

By preserving and providing accessibility to cultural heritage, archives and museums have a crucial role in civil society. "Culture" is not a static concept; ideally, the practices of contemporary archives and museums should adapt to meet the changed expectations and cultural values of society. However, the limited permitted exceptions for archives in the Copyright Act 1994 are an obstacle to archives and museums attaining this goal. For example, the provisions are drafted from a traditional, analogue perspective, albeit with more recent minor changes in an attempt to acknowledge digital technologies. Furthermore, the permitted exceptions are confined to not-for-profit and state archives– a somewhat contentious limit in the 21st century when the Internet promises the means for cultural democracy. Museums are not mentioned at all. In addition, there is no legislative process permitting uses of orphan copyright works. This article explains how the permitted exceptions for archives could be amended in the upcoming review of the Copyright Act to better acknowledge and support cultural heritage institutions. It examines recent amendments in the Copyright, Designs and Patents Act 1988 (UK) and suggests that while some of these amendments would be useful for New Zealand to emulate, additional changes should also be considered.

The Limits of Human Rights in a Moving World—Elements of a Dynamic Approach

This contribution discusses the limits to the ideal of human rights in the context of a triple dynamic: the reason of State and its limits; the ecological reason and its call to protect the planet and the ecosystem; and the techno-scientific reason as a supreme reason which ultimately could lead to the refusal of any limit. It suggests that if we consider human rights as a dynamic and transformative process and not as a static concept, these rights remain the counterpoint to the derailments of globalization. They seem more than ever necessary for the emergence of a truly common law. If the interplays of limits are well defined, human rights would make this truly common law more flexible by giving it a variable content within limits which allows it to adapt better to the diversity of the real world.

Climate Change Challenges to Existing Cultural Heritage Policy

Climate change affects, directly and indirectly, the tangible and intangible features of heritage sites. Conservation studies often examine the impacts of climate change on heritage sites by assuming it as an isolated and static concept. This study aims to debate cultural heritage concept as the primary and neglected factor for wise development of climate-resilience policies. We first adopt the qualitative Meta-synthesis method to analyze the impacts of climate change on world heritage sites, through a systematic review of reports published by the UNESCO and its advisory bodies. Then, it is explained why the sustainability of cultural heritage requires a fundamental reconsideration of the concept and promotion of its evaluation framework. The findings suggest that protection of cultural heritage and developing the climate-resilience policies for the sustainability of landscape requires at the early stages a reflection on how heritage is defined as a useful resource and acceptable characteristic of territory.