Ana Maria Costa e Silva, Patrícia Guiomar, Tiago Neves
{"title":"Social and occupational profile of mediators in Portugal: Evidence and challenges","authors":"Ana Maria Costa e Silva, Patrícia Guiomar, Tiago Neves","doi":"10.1002/crq.21432","DOIUrl":"10.1002/crq.21432","url":null,"abstract":"<p>Mediators have gained visibility in the national and international context because of the relevance of their intervention in light of current social challenges. However, the professional profile of mediators is not consolidated, and its recognition has been slow and ambiguous. The diversity of the initial basic training of mediators and the diversity of training available in mediation are two contributing factors to this lack of recognition. The objectives of this article are to characterize the professional profile of Portuguese mediators, to understand their stance regarding the introduction of a bachelor's in mediation in Portuguese higher education, and contribute to the debate about the consolidation and formal recognition of these professionals. Inspired by theoretical and empirical reflections and studies that discuss the possibility of creating a bachelor's in mediation as a strategy to standardize and consolidate mediation and the professional profile of mediators, we present, in this article, a quantitative and qualitative descriptive analysis of the socio-occupational situation of 175 mediators in Portugal. Most respondents agree that a bachelor's in mediation may contribute to the recognition of the area and the quality of the mediators' work. However, the advantages of multidisciplinary initial basic training and the lack of employability in the area of mediation are two factors that may call into question the relevance of creating this degree. Given the results, it is important to reflect on the nature and modalities of training in mediation, namely at the bachelor level, in order to contribute to the professional recognition of mediators.</p>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 1","pages":"129-146"},"PeriodicalIF":1.0,"publicationDate":"2024-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141172008","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}
{"title":"Wayuu people's positions regarding the acceptability of political amnesties in Colombia","authors":"Yamile Turizo- Palencia, Claudia Pineda-Marín, Maria Teresa Munoz Sastre, Etienne Mullet","doi":"10.1002/crq.21431","DOIUrl":"10.1002/crq.21431","url":null,"abstract":"<p>This study mapped the diverse personal positions of the Wayuu indigenous community in Colombia regarding the acceptability of political amnesties in a post-conflict context. The sample was composed of 130 indigenous adults between 18 and 74 years of age residing in the Guajira region, who were shown 12 amnesty-related scenarios. These scenarios were composed according to a three-factor design: (a) the level of detail that the amnesty applicant (former combatant of some illegal armed group in Colombia) was willing to disclose, (b) whether or not the applicant asked for forgiveness, and (c) the severity of the punishment endured by the amnesty applicant (A cluster analysis yielded three qualitatively different positions: never acceptable (18%), almost always acceptable (9%) and depends jointly on the quality of the information and remorse (73%). For the vast majority of Wayuu community members, a political amnesty for a former combatant of a Colombian armed group is not acceptable. For those who have accepted it, amnesty is only possible if the applicant proves that he or she is not causing harm to third parties. And it would also be conditioned to the particular situation of each case. A collective amnesty process has no chance of being considered acceptable.</p>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 1","pages":"109-127"},"PeriodicalIF":1.0,"publicationDate":"2024-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/crq.21431","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141150134","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}
{"title":"Servant leadership, affective conflict, and organizational trust: A Walk-In-The-Woods perspective","authors":"Tucker Van Dyke, Kevin J. Hurt","doi":"10.1002/crq.21439","DOIUrl":"10.1002/crq.21439","url":null,"abstract":"","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 1","pages":"93-107"},"PeriodicalIF":1.0,"publicationDate":"2024-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141103507","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}
{"title":"Seeing what you want: How goal-oriented descriptions of the status quo alter outcomes in ethno-territorial conflict bargaining experiments","authors":"Shale Horowitz","doi":"10.1002/crq.21434","DOIUrl":"10.1002/crq.21434","url":null,"abstract":"<p>In conflict bargaining models, variation in initial conditions is expected to have a significant impact. Better initial conditions should make the status quo more acceptable and likely to persist, and worse initial conditions should make crisis and conflict more likely. At the same time, players' preferences over the different possible bargaining outcomes are expected to influence perceptions of initial conditions. We use conflict bargaining experiments in ethno-territorial conflict settings—in which participants are asked to advise leaders—to investigate these relationships. First, we find that variation in leaders' nationalist preferences indeed affects perception of initial conditions. Next, preference-influenced, goal-oriented descriptions reduce the effect of variation in initial conditions by making factually better initial conditions seem more similar to factually worse ones. As a result, the conflict-reducing effects of better initial conditions are weakened. In addition, and perhaps counter-intuitively, those advising moderate nationalists react more confrontationally to goal-oriented descriptions of initial conditions than those advising extreme nationalists. The main policy implication is that, as a general rule, more factual, less goal-oriented description of initial conditions is likely to improve conflict outcomes.</p>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 1","pages":"73-91"},"PeriodicalIF":1.0,"publicationDate":"2024-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140974329","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}
{"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":"<p>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.</p>","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}
{"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":"<p>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.</p>","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}
{"title":"Justice in the balance: The crucial role of disclosure in ensuring justice in Jordanian arbitration","authors":"Mosleh A. Tarawneh, Tariq K. Alhasan","doi":"10.1002/crq.21427","DOIUrl":"10.1002/crq.21427","url":null,"abstract":"<p>As an alternative to traditional court litigation, arbitration has gained prominence in Jordan's legal landscape for its distinct attributes like speediness, confidentiality, autonomy, and efficiency. Central to the sanctity of this mechanism is the arbitrator's duty of disclosure, ensuring that the arbitration process remains impartial, transparent, and devoid of any potential bias. This paper explores the profound significance of the duty of disclosure in Jordan by analyzing the latest Jordanian Court of Cassation Decision No. 1479 of 2023, where nondisclosure by the Arbitral Tribunal led to the annulment of the arbitral award. Through juxtaposing international arbitration norms and thoroughly examining Jordanian legislation, this study underscores the consequences of nondisclosure and the paramount importance of transparency in arbitration. The insights drawn from this case reaffirm that the foundation of arbitration's credibility and trustworthiness rests on the rigorous adherence of arbitrators to disclosure, ensuring that justice is not only served but is transparently perceived.</p>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"42 1","pages":"5-14"},"PeriodicalIF":1.0,"publicationDate":"2024-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140598053","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}
G. Heard, A. Lohan, J. Petch, J. Milic, A. Bickerdike
{"title":"Participation, agreement and reduced acrimony through family mediation: Benefits for the ambivalent client in a mandatory setting","authors":"G. Heard, A. Lohan, J. Petch, J. Milic, A. Bickerdike","doi":"10.1002/crq.21426","DOIUrl":"10.1002/crq.21426","url":null,"abstract":"<p>In Australia, it is mandatory for separating couples to attempt Family Dispute Resolution (FDR/mediation) before taking a parenting matter to court. In this context some clients may attend FDR solely as a means of accessing court processes. This article examines key outcomes across a large sample of FDR clients in a community sector organization. Participation, rates of agreement, levels of satisfaction, and levels of acrimony are assessed for the sample as a whole and for a subgroup of those indicating their intention to proceed to court. Strong rates of participation, agreement, and satisfaction are reported for the full sample, and significant reductions in acrimony are evident among those who reached agreement in FDR. We find that those who indicate ambivalence to negotiating parenting matters in FDR nevertheless derive benefit from participation in terms of reduced acrimony, satisfaction with the process, and reaching some level of agreement.</p>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"41 4","pages":"573-590"},"PeriodicalIF":0.6,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/crq.21426","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140201629","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}
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":"<p>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.</p>","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}
{"title":"Retraction: Conciliation procedures in civil proceedings: Comparative legal aspect","authors":"","doi":"10.1002/crq.21425","DOIUrl":"10.1002/crq.21425","url":null,"abstract":"<p>\u0000 <span>Zhumayeva, M. S.</span>, <span>Kassenova, A. Z.</span>, <span>Zhailin, G. A.</span>, <span>Tlegenova, F. A.</span>, & <span>Akhmetov, Z. M.</span> (<span>2022</span>). <span>Conciliation procedures in civil proceedings: Comparative legal aspect</span>. <i>Conflict Resolution Quarterly</i>, <span>40</span>(<span>1</span>), <span>61</span>–<span>74</span>. https://doi.org/10.1002/crq.21343\u0000 </p><p>The above article published online on 14 April 2022 in Wiley Online Library (wileyonlinelibrary.com), has been retracted by agreement between the Editor, Helena Desivilya Syna, and Wiley Periodicals, LLC. The retraction has been agreed following concerns raised by a third party regarding the peer review process. Further investigation by the publisher has found manipulation of the peer review process. As a result, the conclusions reported in the article are not considered reliable.</p>","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":"41 4","pages":"591"},"PeriodicalIF":0.6,"publicationDate":"2024-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/crq.21425","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139765341","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}