Search Results (18)

The institution of mediation as a method of alternative dispute resolution has recently entered the school environment. The present study was conducted to explore the views of primary and secondary school teachers on the forms of violence in schools, the factors that influence its occurrence, the consequences of the phenomenon, and the effectiveness of schools in combating violence in relation to the institution of School Mediation. The research was exclusively conducted electronically through a questionnaire, and quantitative analysis was carried out, documenting the importance of the role of School Mediation in effectively preventing and addressing violence and bullying in schools. The benefits of its implementation are manifold, including preventing and averting conflicts, improving school culture, developing empathy, enhancing personal and social skills, reducing delinquent behavior among students, and fostering a safe school climate. Full article

Background/Objectives: The healthcare system is complex and emotionally charged, which frequently leads to conflicts between patients and healthcare providers as a result of inadequate communication and unmet patient expectations. This pilot study investigates patient awareness and the feasibility of mediation as an alternative conflict resolution method in healthcare. Methods: A cross-sectional survey of 40 Bulgarian citizens was conducted to evaluate their experiences with physician–patient communication, their opinions regarding the effectiveness of the legal system, and their awareness of mediation. Results: According to the findings, more than half of the respondents reported difficulties communicating with their physicians, and only 5% believed the judicial system was effective in resolving disputes in healthcare. While many were familiar with mediation, only 2.5% had used it to address healthcare-related problems. Conclusions: This pilot study underscores the need for targeted education and trust-building initiatives to facilitate the implementation of mediation in healthcare. Improving patient–physician communication and introducing mediation could enhance healthcare quality and patients’ trust, providing a more efficient and satisfactory conflict resolution mechanism. Full article

This article explores the complex issue of disharmony within religious marriages, focusing on Jewish approaches to divorce. Contrasting Jewish divorce mediation with other religions’ approaches to marital conflict, this article examines two Judaic models: one viewing divorce as a severe remedy permissible only under certain circumstances, and the other allowing for divorce when a marriage is irreparably broken. The author highlights the positive Jewish commandment to peacefully divorce, discussing how mediation integrates compassion and justice, in line with Jewish legal and ethical traditions. This work emphasizes the benefits of community-based divorce mediation, including lower costs, shorter timelines, and increased communal acceptance. Jewish divorce mediation, the author argues, is particularly effective in maintaining child-centeredness and co-parenting relationships post-divorce. This article calls for a broader adoption of Jewish divorce mediation through charitable organizations to effectuate Jewish family values and provide amicable resolutions within the Jewish community. Full article

This research is motivated by the arbitrary nature of decision-making environments and the dynamic changes in decision patterns, particularly in international dispute resolution. These challenges introduce uncertainties that could be effectively managed by fuzzy logic, which provides a robust framework for evaluating alternatives under multiple criteria. In this study, an Interval-Valued Type-2 Fuzzy TOPSIS approach is proposed to assess various dispute resolution methods, including negotiation, good offices, mediation, international inquiry, conciliation, international organization, arbitration, and international jurisdiction. Common criteria are determined by examining academic literature and by interviewing relevant experts.—cost-efficiency, duration, impartiality, binding nature, and generalizability are considered essential in determining the best resolution method. The proposed method allows for a nuanced evaluation by incorporating both primary and secondary levels of uncertainty, enabling decision-makers to determine the best alternative solution more reliably. This method’s application extends not only to the international law field but also to industrial engineering, where complex, uncertain decision environments require similarly sophisticated multicriteria decision-making tools. By systematically analyzing these resolution methods, this study aims to provide a structured, quantifiable approach that enhances the decision-making process for both international legal practitioners and engineers working with uncertain and dynamic systems. The results of this study ultimately contribute to improved decision-making outcomes and greater efficiency in multidisciplinary problem solving. The assessments of experts in international law, international relations, and political science in their respective fields of expertise have been gathered to form a consensus. This study contributes to the literature as it is the pioneering application of fuzzy multicriteria decision-making techniques in the field of international law. The results of this study imply that the best option from the different decision-maker evaluations is international jurisdiction. Consequently, the utilization of multicriteria decision-making tools can result in more informed and effective decisions in complex and uncertain situations, which is advantageous to both legal practitioners and engineers. Additionally, incorporating different disciplines can help streamline the decision-making process and improve overall efficiency in solving multidisciplinary problems. Full article

This study explores the increasing adoption of virtual alternative dispute resolution (VADR) in the construction industry, enhancing efficiency and accessibility in dispute resolution. VADR is crucial for streamlining processes and reducing participation barriers. The study aims to investigate the critical success factors (CSFs) influencing the adoption of VADR in the construction sector. Given the rising importance of VADR technologies, understanding the key factors driving their acceptance is crucial. The background highlights the growing reliance on innovative technologies to boost operational efficiency and decision-making processes. The data for the study were collected using a cross-sectional design with online structured survey questionnaire (N = 97) from diversified construction industries. Using Smart PLS 4, structural equation modeling (SEM) was employed to test the validity, reliability, and proposed hypotheses of the study. The results showed that cost factors had the greatest impact on VADR acceptance, followed by user competence and training, procedural adaptability, and technological infrastructure. Logistical assistance and legal frameworks also had a considerable favorable impact. However, stakeholder buy-in had no significant influence on VADR implementation. The implications indicate that economic feasibility, logistical readiness, flexible procedures, supportive legal contexts, and user skills are significant factors for successful VADR integration. Governments and organizations should deploy VADR technologies to encourage innovation and operational improvement in the construction industry. Full article

In recent years, the paid withdrawal of rural homesteads has become a widely discussed topic within the academic community. However, from the perspective of protecting farmers’ rights and interests, literature exploring the impact of this policy’s implementation remains scarce. As the reform of the separation of the three rights of the homestead deepens, disputes related to paid withdrawal of homesteads have escalated rapidly. This study aims to highlight the importance of protecting farmers’ rights and interests, seeking to enhance their property rights and revitalize unused rural resources. Employing a case study methodology, this study systematically examines the issue of farmers’ rights and interests protection during homestead withdrawal. This analysis is based on the survey, collection, and evaluation of 324 judicial cases. The findings reveal the following: (1) Disputes involving paid withdrawal of homesteads encompass the entire withdrawal process, with the majority of conflicts arising during the withdrawal stage. (2) Prior to withdrawal, farmers express heightened concern regarding their political rights, particularly the right to be informed and to participate in withdrawal decisions. (3) During the withdrawal process, farmers prioritize resettlement and compensation rights. Additionally, novel issues such as the allocation of withdrawal compensation surface after farmers receive resettlement and compensation benefits. (4) After withdrawal, farmers anticipate more suitable “alternative” social rights and remedies. Based on these findings, this study presents policy recommendations for realizing farmers’ rights and interests in the context of paid withdrawal of rural homesteads. These suggestions include consistently respecting farmers’ autonomy and preserving their political rights throughout the withdrawal procedure. During the withdrawal stage, emphasis should be placed on the comprehensive value of resettlement compensation, encompassing both the residential and social security aspects of rural homesteads. Post-withdrawal, farmers’ social rights and the development rights of their homesteads ought to be fully guaranteed, ensuring a harmonious balance between farmers’ immediate and long-term interests. Furthermore, optimizing the dispute resolution mechanism stands as a pivotal aspect of safeguarding farmers’ rights and interests through legal recourse. Full article

Background: Alternative Disputes Resolution (ADR) systems are becoming increasingly important tools in recent years for the management and resolution of health responsibility cases, but their dissemination and efficiency are still poorly described. The purpose of this paper is to present an ADR system in the autonomous province of Bolzano: the Conciliation Commission. Methods: systematic collection of all claims of the South Tyrol Sanitary Service that were dealt with in the Conciliation Commission from 1 January 2012 to 31 December 2022. Results: closing times of the applications received turn out to be less than a year in 63.8% of the cases, with a number of cases managed rather stably in the time, even if minimal if compared to the number of complaints received to the South Tirol Health Service. Only 5.3% of the application continued the legal process before a civil court. Conclusions: the Conciliation Commission of South Tirol appears to be an excellent instrument for the resolution of disputes in the healthcare field, with rapid resolution times and little to zero costs for the healthcare company, a public health institution. Despite its effectiveness, it seems to be a tool that is still little-known in South Tyrol. Full article

Recently, there has been a greater focus on promoting amicable solutions in cross-border family disputes. Alternative dispute resolution methods such as mediation and conciliation have been used in Brazil to avoid lengthy legal proceedings and to resolve cases where concerns about the child’s situation after their return arise. Parties involved in child abduction disputes can feel motivated to reach an agreement when they can decide on child support, custody, and visitation rights before the child’s return. However, enforcing these agreements can be challenging. This article examines Brazil’s experience with international legal cooperation requests under the Convention of 1980 on the Civil Aspects of International Child Abduction (Child Abduction Convention), where the parties faced these issues whilst trying to resolve their conflicts under one or more of the Hague Conventions. The article uses a pragmatic and empirical approach to address difficulties in recognising and enforcing agreements and available alternatives. It concludes with a suggestion for more cooperation between central authorities and with the idea that although adhering to the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children could improve the scenario in Brazil, a new international instrument would significantly enhance the resolution of cross-border disputes, especially for non-European states. Full article

(1) Background: Medical disputes have long been resolved via lawsuits. Alternative dispute resolutions have been promoted for their benefits and win–win results. This study aims to investigate Taiwanese hospital medical dispute capacities and burdens. (2) Methods: This study used 2015 nationwide questionnaire data. The number and value of medical disputes that occurred in 2014 was examined to evaluate hospitals’ capabilities. Poisson regressions were used to determine the impact of coping abilities on the incidence of disputes and the associated compensation. (3) Results: The response rate of the questionnaire was 90%. Hospital features associated with higher medical disputes incidence included those of a scale ≤ 100 or 200–499 and having a dispute–inform process of over 4 h. In contrast, hospitals whose compensation fund was solely based on medical liability insurance reported less medical dispute incidence. The features associated with higher compensation were lack of continuing training and having a dispute–inform process over 4 h. In contrast, hospitals with standard operating procedures for in-hospital mediation and solicitude paid lower compensation. (4) Conclusions: Hospitals with quicker response times experienced fewer medical disputes and paid lower compensation. Dispute coping skills, other than reaction time, were more visible in compensation bargaining, but were not significantly correlated with incidence. Full article

In the era of disruption, to achieve both food sustainability and the Sustainable Development Goals (SDGs), Indonesia must face changes in the values, attitudes, and behavior of the community, and adapt to environmental and technological changes. This study aims to analyze the factors that influence social transformation in peri-urban communities, and their impact on food sustainability and the achievement of SDGs. The research method is a qualitative approach, triangulated by conducting in-depth interviews, field observations, and focus group discussions (FGD) in two districts, the Majalengka and Karawang Regency, West Java Province. The results showed that factors influencing social transformation in peri-urban communities include strengthening public awareness of the importance of food sustainability, access to information and technology, collaborative synergy of government, companies, academics, and community participation in decision-making on empowerment programs. This social transformation leads to increased food production and poverty reduction. Private facilitators through CSR programs play a role in achieving both food sustainability and several SDG indicators related to poverty. The occurrence of collaborative synergy between community participation, extension workers, village government, media utilization, academics, and companies contributes significantly to transforming the values, attitudes, and behavior of people managing community resources. Full article

Environmental issues such as industrial pollution, excessive packaging, light pollution, and rubbish pollution in households are all growing at an alarming rate with the rapid expansion of the economy. It is necessary for government departments and the judiciary to work together to resolve issues that are brought on by the environment. There has been a progressive development of a variety of mechanisms for the resolution of environmental conflicts; nevertheless, these mechanisms are still unable to fulfill all of the requirements that the public has for the resolution of environmental disputes, and a significant percentage of disputes cannot be resolved on time. The Chinese government has investigated alternative dispute resolution (ADR), established professional mediation institutions and social organizations as neutral third parties to intervene in environmental disputes, and provided reasonable solutions based on local policies and specific disputes through full understanding of issues. As a result, the Chinese government has achieved remarkable results. This article examines the pros and cons of using third-party mediation in the process of resolving environmental disputes and makes comparisons between the traditional method of resolving environmental disputes and third-party mediation as a method for resolving environmental disputes. The article uses statistical correlation methods to analyze the role of third-party mediation in natural environmental pollution control issues in various countries. Based on the analysis results, suggestions are put forward to improve the third-party mediation system of environmental disputes in our country. Experimental results show that the mediation system can promote information sharing, strengthen social cooperation and encourage all parties to take more coordinated actions in environmental protection, thereby promoting sustainable development and the realization of an ecological balance. Full article

In Ethiopia, like in other developing countries, land disputes are critical problems both in peri-urban and rural areas. Handling such disputes requires scientific and evidence-based interventions. This study analyzes the nature, types, and causes of land tenure disputes and the resolution mechanisms thereof in peri-urban and nearby rural kebeles of Debre Markos town. Interviews for the investigation were conducted with sample landholders and concerned legal experts in Debre Markos town’s peri-urban area and Gozamin Wereda of Amhara National Regional State in Ethiopia. Compared to rural areas, the incidence of land tenure disputes is high in peri-urban areas. The land tenure disputes identified in the study areas are boundary trespassing disputes, landholding disputes, land rental disagreements, divorce-related land disputes, bequeath disputes, parcel exchange disputes, and land use-related disputes. The land tenure disputes are resolved mainly by formal means such as court litigations and administrative decisions, or by informal means known as alternative dispute resolution mechanisms (ADRMs). In both study areas, negotiation, mediation/conciliation, and arbitration are the most frequently employed ADRMs. In particular, mediation plays a significant role in resolving symmetrical land tenure disputes both in peri-urban and rural areas. Full article

An opportunity to resolve disputes as an out-of-court settlement through computer-mediated communication is usually easier, faster, and cheaper than filing an action in court. Artificial intelligence and law (AI & Law) research has gained importance in this area. The article presents a design of the E-NeGotiAtion method for assisted negotiation in business to business (B2B) relationships, which uses a genetic algorithm for selecting the most appropriate solution(s). The aim of the article is to present how the method is designed and contribute to knowledge on online dispute resolution (ODR) with a focus on B2B relationships. The evaluation of the method consisted of an embedded single-case study, where participants from two countries simulated the realities of negotiation between companies. For comparison, traditional negotiation via e-mail was also conducted. The evaluation confirms that the proposed E-NeGotiAtion method quickly achieves solution(s), approaching the optimal solution on which both sides can decide, and also very importantly, confirms that the method facilitates negotiation with the partner and creates a trusted result. The evaluation demonstrates that the proposed method is economically efficient for parties of the dispute compared to negotiation via e-mail. For a more complicated task with five or more products, the E-NeGotiAtion method is significantly more suitable than negotiation via e-mail for achieving a resolution that favors one side or the other as little as possible. In conclusion, it can be said that the proposed method fulfills the definition of the dual-task of ODR—it resolves disputes and builds confidence. Full article

Despite the ongoing land administration reforms being implemented across sub-Saharan Africa (SSA), including Ghana, as a viable pathway to achieve tenure security and greater efficiency in land administration, the subject of land dispute resolution has received relatively less attention. Whereas customary tenure institutions play a central role in land administration (controlling ~80% of all land in Ghana), they remain at the fringes of the formal land dispute adjudicatory process. Recognising the pivotal role of traditional institutions as development agents and potential vehicles for promoting good land governance, recent discourses on land tenure have geared toward mainstreaming traditional land dispute institutions into the architecture of the formal judicial process via alternative dispute resolution pathways. Yet, little is known, at least empirically, as to the operations of traditional dispute resolution institutions in the contemporary context. This study therefore explores the importance of traditional dispute resolution institutions in the management of land-related disputes in southcentral and western Ghana, drawing on data collated from 380 farming households operating 746 plots. The results show that contrary to the conventional thinking that traditional institutions are anachronistic and not fit for purpose, they remain strong and a preferred forum for land dispute resolution (proving resilient and adaptable), given the changing socio-economic and tenurial conditions. Yet, these forums have differing implications for different actors within the customary spheres accessing them. The results highlight practical ways for incorporating traditional dispute resolution in the overall land governance setup in Ghana and elsewhere in sub-Saharan Africa. This has implications for redesigning context-specific and appropriate land-use policy interventions that address local land dispute resolution. Full article

This paper aims to describe the satisfaction and loyalty of citizens towards the sustainability of Portuguese courts. This research was carried out under the Portuguese justice agenda named “Justice + Closer” between the years of 2017, 2018, and 2019. The methodological approach adopted was quantitative. Based on the literature review, a structural model of the relationships between the dimensions that directly and indirectly influence citizen satisfaction and loyalty was adapted from the arbitration centers to the court’s reality. Data collection was carried out during the three years mentioned—in person at the Portuguese Campus of Justice and also through questionnaires applied online. In the course of the three years, 3276 observations were collected. Through structural equation modeling, it was possible to measure positive relations produced between seven established dimensions. The results of this study contribute generally to applied research in the field of justice administration and to the understanding of this topic by those in the academic sector where it has been superficially addressed. Related future investigations might include a comparative study between the satisfaction and loyalty of citizens with (i) the formal adjudication processes and case outcomes of the Portuguese courts and (ii) alternative dispute-resolution processes and case outcome means reached by recognized arbitration and mediation centers, judges of peace, and related ADR services. Full article