Conflict Resolution Quarterly最新文献_第10页

Mediation as a 21st century conflict resolution mechanism: Exploring procedural fairness experiences of mediation users in Ghanaian courts 调解作为 21 世纪的冲突解决机制：探索加纳法院调解用户的程序公平体验

IF 1

Conflict Resolution Quarterly Pub Date : 2024-05-12 DOI: 10.1002/crq.21429

George Hika Benson, Stephen Kwabena Asaah-Junior

{"title":"Mediation as a 21st century conflict resolution mechanism: Exploring procedural fairness experiences of mediation users in Ghanaian courts","authors":"George Hika Benson, Stephen Kwabena Asaah-Junior","doi":"10.1002/crq.21429","DOIUrl":"10.1002/crq.21429","url":null,"abstract":"Mediation has become a contemporary conflict resolution mechanism in the 21st century that offers an alternative to traditional legal processes. This qualitative study explores the experiences of mediation users in three courts in the Central Region of Ghana, with a focus on procedural fairness. Grounded in the theory of procedural fairness, the study examines how Ghanaian and African conceptions of fairness influence mediation practice. The study found that the Ghanaian and African understanding of procedural fairness is rooted in specific situations—taking into account parties' demands in generating settlement agreements, allowing parties to select their mediators, involving important personalities in mediation, ensuring the fair settlement of cases, and deciding who should speak first. Participants evaluated procedural fairness within the context of confidentiality, neutrality, party empowerment, and the assurance of being heard. These evaluations align with what has been reported in Western literature. This research contributes to the growing body of literature on conflict resolution by providing insights into the significance of procedural fairness within mediation practice, with specific reference to Ghana. The findings underscore the importance of aligning mediation processes with principles of procedural fairness, offering valuable lessons for practitioners, policymakers, and researchers who seek to optimize the efficacy and fairness of mediation as a conflict resolution mechanism.","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 1","pages":"43-72"},"PeriodicalIF":1.0,"publicationDate":"2024-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140929267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Developing relational resilience in the midst of conflict 在冲突中发展关系复原力

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Conflict Resolution Quarterly Pub Date : 2024-04-29 DOI: 10.1002/crq.21428

Deborah Nathan PhD

{"title":"Developing relational resilience in the midst of conflict","authors":"Deborah Nathan PhD","doi":"10.1002/crq.21428","DOIUrl":"10.1002/crq.21428","url":null,"abstract":"This article presents an approach to encounter group interventions in the midst of protracted, entrenched conflict, that has relational resilience as its focus. Through a constructionist grounded theory analysis, interviews with 31 alumni of the Artsbridge program from 2008 through 2019, former staff, and parents of alumni, were analyzed in order to explore how they understand their experience of the Artsbridge program and the impact it has had on their lives. This analysis of interviews led to the primary theme of relational resilience. The Artsbridge model of relational resilience will be introduced. While many programs exist that work with youth in conflict, the Artsbridge program is unique in its use of Transformative Reflecting Dialogue, artistic modalities, and collaborative art. Through decades of violence and separation, Israeli and Palestinian narratives have become negatively interdependent and mutually exclusive. Artsbridge methodology encourages the development of more inclusive narratives and an appreciation of and tolerance for complexity. The research discussed in this article suggests that encouraging the development of relational resilience may lead to more constructive and sustainable outcomes when working within communities continuing to live in the midst of intractable conflict.","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 1","pages":"15-41"},"PeriodicalIF":1.0,"publicationDate":"2024-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/crq.21428","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140810677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Justice in the balance: The crucial role of disclosure in ensuring justice in Jordanian arbitration 平衡中的正义：披露在约旦仲裁中确保公正的关键作用

IF 1

Conflict Resolution Quarterly Pub Date : 2024-04-15 DOI: 10.1002/crq.21427

Mosleh A. Tarawneh, Tariq K. Alhasan

引用次数: 0

Participation, agreement and reduced acrimony through family mediation: Benefits for the ambivalent client in a mandatory setting 通过家事调解实现参与、达成一致并减少争吵：强制性环境下矛盾当事人的益处

IF 0.6

Conflict Resolution Quarterly Pub Date : 2024-03-20 DOI: 10.1002/crq.21426

G. Heard, A. Lohan, J. Petch, J. Milic, A. Bickerdike

引用次数: 0

Impact of mergers on conflicts at universities—Conclusions from courts decisions 兼并对大学冲突的影响--法院判决的结论

IF 0.6

Conflict Resolution Quarterly Pub Date : 2024-02-22 DOI: 10.1002/crq.21424

Monika Stachowiak-Kudła, Sina Westa, Pablo Meix-Cereceda, Juan Azorín-Toboso

{"title":"Impact of mergers on conflicts at universities—Conclusions from courts decisions","authors":"Monika Stachowiak-Kudła, Sina Westa, Pablo Meix-Cereceda, Juan Azorín-Toboso","doi":"10.1002/crq.21424","DOIUrl":"10.1002/crq.21424","url":null,"abstract":"Despite the growing popularity of mergers in higher education, limited research examines their impact on conflicts within the affected universities and their surroundings. The article discusses the issue of university mergers in Belgium, Germany, and Spain, which were so severe that they required resolution by a constitutional court. The methods include an analysis of constitutional courts' judgments, supported by the analysis of literature and legal acts concerning higher education. The results indicate that both forced and voluntary mergers lead to fierce conflicts resolved by constitutional courts. Conflicts may arise not only in universities to be merged or already merged but also within the institutional environment of the university. In addition to the unified universities themselves, participants in such conflicts may also include competing universities, professional associations, student unions, and governmental bodies. In court disputes regarding the merging of universities, a violation of the university's right to autonomy and/or of academic freedom in general are usually alleged. The results also show that the different structures and organizational cultures of universities need not presage the failure of the merger.","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"41 4","pages":"551-571"},"PeriodicalIF":0.6,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139952751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Retraction: Conciliation procedures in civil proceedings: Comparative legal aspect 撤回：民事诉讼中的调解程序：法律方面的比较

IF 0.6

Conflict Resolution Quarterly Pub Date : 2024-02-14 DOI: 10.1002/crq.21425

引用次数: 0

The inclusion of children in divorce mediation: A continental ‘non-directive’ approach 将儿童纳入离婚调解：大陆的 "非指导性 "方法

IF 0.6

Conflict Resolution Quarterly Pub Date : 2024-02-13 DOI: 10.1002/crq.21423

Robin Brzobohatý

{"title":"The inclusion of children in divorce mediation: A continental ‘non-directive’ approach","authors":"Robin Brzobohatý","doi":"10.1002/crq.21423","DOIUrl":"10.1002/crq.21423","url":null,"abstract":"This article undertakes an interdisciplinary examination of child-inclusive mediation (CIM) in divorce and separation mediation, particularly its implementation in the Czech Republic through the Mediation and Education Centre in Brno (MEDUC). It aims to offer a comparative analysis of MEDUC's unique non-directive mediation model, which involves children's active participation in mediation processes, in contrast to the original Australian model of Child-Inclusive Mediation and Counseling (CIMC). This paper uses a structured theoretical methodology combining comparative and conceptual analysis. Specifically, the comparative approach contrasts Australian and Czech practices and reveals key differences and similarities in legal frameworks, philosophical theories, and the roles of mediators and child specialists. Meanwhile, the conceptual analysis draws on an extensive literature review to explore the theoretical underpinnings of Australian and Czech family mediation approaches. The study identifies considerable flexibility in adapting CIP models in different legal and cultural settings. Although Australian practices heavily influence MEDUC, it has adapted these principles to fit its legal and cultural context. The article highlights the potential of combining human rights and therapeutic approaches, augmented by developmental psychology and international child rights standards, to create a more nuanced and child-sensitive mediation practice. The article highlights the value of a multidisciplinary, adaptive approach to practice involving children in family mediation. It suggests that integrating psychological and legal-philosophical theories can lead to a robust model that can be adapted to different cultural and legal settings. It advocates for future research to empirically evaluate the effectiveness and sustainability of these adapted models and explore how cultural perceptions of childhood and family roles may influence the success of CIP.","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"41 4","pages":"525-550"},"PeriodicalIF":0.6,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139765323","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

This is how they do it: A conflict management model in Oman 他们就是这样做的：阿曼的冲突管理模式

IF 0.6

Conflict Resolution Quarterly Pub Date : 2024-01-21 DOI: 10.1002/crq.21422

Victoria Dauletova, Saba Al Rawas, Eram Al Rawas, Abeer Al Balushi, Sheikha Al Mamari, Adil S. Al Busaidi

{"title":"This is how they do it: A conflict management model in Oman","authors":"Victoria Dauletova, Saba Al Rawas, Eram Al Rawas, Abeer Al Balushi, Sheikha Al Mamari, Adil S. Al Busaidi","doi":"10.1002/crq.21422","DOIUrl":"10.1002/crq.21422","url":null,"abstract":"Oman and its conflict management model are the focus of this paper. This model has crystalized out of the three stand-alone but complementary systems of conflict resolution which evolved in an ad hoc fashion: the institute of tribal leaders; the reconciliation committees; and the formal judicial system. These systems offer a foundation for the current efforts of the local people to sustain a peaceful co-existence among the vibrant and ethnically diverse Omani communities known for their turbulent past. The analyzed data obtained from interviews with Omani tribal leaders, reconciliation committee members, and lawyers shed light on both the strengths of the conflict management model and the modern challenges which the model faces. The findings confirm that this model represents a coherent entity run by an integrated constitutional-tribal order. They also suggest that the model serves as a state mechanism for balancing power between the country's major players—the government and the institute of tribal leaders. The novel contribution of this paper lies in linking the origin and philosophy of each system with the “mediation identity” of Oman's foreign policy.","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"41 4","pages":"507-524"},"PeriodicalIF":0.6,"publicationDate":"2024-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139561524","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Between commitment and reality: A critical examination of Jordan's adherence to the New York Convention 1958 在承诺与现实之间：对约旦遵守《1958 年纽约公约》情况的批判性审查

IF 0.6

Conflict Resolution Quarterly Pub Date : 2024-01-17 DOI: 10.1002/crq.21419

Mosleh A. Tarawneh, Tariq K. Alhasan

{"title":"Between commitment and reality: A critical examination of Jordan's adherence to the New York Convention 1958","authors":"Mosleh A. Tarawneh, Tariq K. Alhasan","doi":"10.1002/crq.21419","DOIUrl":"10.1002/crq.21419","url":null,"abstract":"This study critically evaluates Jordan's bifurcated approach to the enforcement of arbitral awards, with an emphasis on its domestic laws and international obligations under the New York Convention. Utilizing a rigorous methodology that melds doctrinal scrutiny with comparative legal analysis, the research delves into Jordan's Arbitration Law 31 of 2001, its subsequent amendments, and the Enforcement of Foreign Judgments Law 8 of 1952. The analysis reveals a marked incongruence between Jordan's national legal frameworks for recognizing and enforcing foreign arbitral awards and its commitments under Article 3 of the New York Convention. The study further quantifies the financial and procedural barriers erected by Jordan's stratified judicial system, contrasting them with universally accepted benchmarks. Informed by international jurisprudence, the research proffers targeted policy recommendations designed to harmonize Jordan's arbitration regulations with prevailing pro-enforcement international standards. This investigation fills a scholarly void and offers pragmatic, timely solutions, thereby contributing to the global dialogue on compliance with international arbitration norms, particularly from a Jordanian vantage point.","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"41 4","pages":"491-506"},"PeriodicalIF":0.6,"publicationDate":"2024-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139526820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

“I don't have time for this”: Time perspectives and conflict management message styles "我没时间听这些"：时间视角与冲突管理信息风格

IF 0.6

Conflict Resolution Quarterly Pub Date : 2024-01-13 DOI: 10.1002/crq.21421

Eric Fife, C. Leigh Nelson

{"title":"“I don't have time for this”: Time perspectives and conflict management message styles","authors":"Eric Fife, C. Leigh Nelson","doi":"10.1002/crq.21421","DOIUrl":"10.1002/crq.21421","url":null,"abstract":"Two web survey studies were conducted to examine the connection between people's time perspectives and the conflict management message styles they were likely to endorse. People view time in multiple ways from the past, present and/or future perspectives. These studies examine whether time perspectives are important predictors of how one approaches conflict and specifically the messages they are likely to endorse, and thus are more likely to use themselves. In the undergraduate sample, self-oriented conflict message use was positively correlated to a past negative and a present fatalistic perspective of time. Self-oriented conflict message use was negatively related to a past positive and future orientation time perspective. Other-oriented message usage was positively correlated to a past negative, present hedonist, present fatalistic, and transcendental orientation toward time. Issue-oriented message use was positively correlated with a past negative, present fatalistic, future, and transcendental orientation toward time. Utilizing an online sample, self-oriented conflict management message use was positively correlated to a past negative, present hedonistic, present fatalistic and transcendental perspective of time. Self-oriented conflict management message use was negatively related to a future orientation of time. Other-orientation message use was positively related to a past negative, present hedonistic, present fatalistic and a transcendental orientation of time. Lastly, issue-oriented message use was positively related to a past positive, present hedonistic, future, and transcendental orientation toward time. Time perspectives were significant predictors for the likelihood of utilizing various conflict management message styles when in conflict. The authors also consider practical implications of the research findings.","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"41 4","pages":"475-489"},"PeriodicalIF":0.6,"publicationDate":"2024-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/crq.21421","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139465171","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0