Conflict Resolution Quarterly最新文献_第8页

The role of rumors in the emergence and diffusion of pogroms 谣言在大屠杀的出现和传播中的作用

IF 0.6

Conflict Resolution Quarterly Pub Date : 2022-11-10 DOI: 10.1002/crq.21365

Werner Bergmann

引用次数: 0

The role of ombudsman: Resolving financial disputes in Malaysia 申诉专员的角色:解决马来西亚的金融纠纷

IF 0.6

Conflict Resolution Quarterly Pub Date : 2022-11-07 DOI: 10.1002/crq.21366

Muhamad Ikhwan Mohd Zain, Nur Ezan Rahmat, Ibtisam @ Ilyana Ilias

{"title":"The role of ombudsman: Resolving financial disputes in Malaysia","authors":"Muhamad Ikhwan Mohd Zain, Nur Ezan Rahmat, Ibtisam @ Ilyana Ilias","doi":"10.1002/crq.21366","DOIUrl":"10.1002/crq.21366","url":null,"abstract":"The paper highlights the establishment of the Ombudsman for Financial Services (OFS) in Malaysia as a good alternative avenue for the equitable settlement of disputes regarding financial services. It has been operating since 2016. However, its accessibility to reach wider financial consumers is restricted due to its limited monetary jurisdiction which is incompatible with the current market conditions. Adopting a qualitative content analysis approach, this study reviews the primary legal framework for implementing the financial ombudsman scheme in Malaysia under Financial Service Act 2013 (FSA), Islamic Financial Service Act 2013 (IFSA), Financial Services (Financial Ombudsman Scheme) Regulations 2015 and Islamic Financial Services (Financial Ombudsman Scheme) Regulations 2015 with special focus on monetary jurisdiction. The study has also analyses the jurisdiction of other countries, and the results found that the monetary jurisdiction of the law in Malaysia is still small and limited. Based on comparative analysis, this study suggests an agile approach in determining the monetary jurisdiction through a flexible provision allowing a review every 3 years based on the consumer price index and relevant reports. This way, its accessibility to wider financial disputes will be elevated.","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46878714","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: 1

Dialogue: Agreed, but systemic approach first 对话:同意，但首先要有系统的方法

IF 0.6

Conflict Resolution Quarterly Pub Date : 2022-11-01 DOI: 10.1002/crq.21363

Rachel Goldberg

引用次数: 1

A review of judicial enforcement of arbitral awards in South Africa 南非仲裁裁决司法执行情况综述

IF 0.6

Conflict Resolution Quarterly Pub Date : 2022-10-27 DOI: 10.1002/crq.21364

Rashri Baboolal-Frank

{"title":"A review of judicial enforcement of arbitral awards in South Africa","authors":"Rashri Baboolal-Frank","doi":"10.1002/crq.21364","DOIUrl":"10.1002/crq.21364","url":null,"abstract":"This article postulates the constitutional ethos of upholding contracts entered between parties on the principle of good faith in practice. This is aligned to the international principle of respecting party autonomy between parties in court. A party cannot easily negate upon a contract that stipulates that a dispute must be referred to arbitration and furthermore that the arbitration award is binding upon the parties and not subject to appeal. This article aims to discuss that there is judicial enforcement of arbitral awards in South African courts. There is no distinction between national and international enforcement of arbitral awards. The principle of party autonomy is the cornerstone of the enforcement of arbitral awards. From a South Africa perspective, both national and international legislation supports the recognition and enforcement of arbitral awards. This article elucidates the intricacies of the enforcement of arbitral awards and the protection of party's interests to the proceedings. This article explores the consequences of the antithetical approach to arbitration agreements and proceedings. The judiciary's practice is to uphold the contractual principle of consensus between the parties, as opposed to allowing parties to walk away from awards on frivolous reasons and renegading upon contractual terms.","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/crq.21364","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43690464","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: 1

Blood ritual: An indigenous approach to peacemaking among the Bimoba people of northern Ghana 血仪式:加纳北部Bimoba人的一种土著和平方法

IF 0.6

Conflict Resolution Quarterly Pub Date : 2022-10-13 DOI: 10.1002/crq.21362

Mathias Awonnatey Ateng, Abukari Nuhu, Agoswin A. Musah

{"title":"Blood ritual: An indigenous approach to peacemaking among the Bimoba people of northern Ghana","authors":"Mathias Awonnatey Ateng, Abukari Nuhu, Agoswin A. Musah","doi":"10.1002/crq.21362","DOIUrl":"10.1002/crq.21362","url":null,"abstract":"This study examined blood ritual as an indigenous peacemaking strategy among the Bimoba people of northern Ghana. Descriptive qualitative research methods were used together with in-depth face-to-face interviews with eight elders of the community. The audio-recorded interviews were transcribed verbatim and thematically analyzed with NVivo 12 software. The findings reveal that the blood ritual approach is participatory, focuses on re-establishing relationships and emanates from the culture of the Bimoba people. It also involves the use of rituals and seeks the interest of the entire Bimoba community. The study concludes that the strategy shares commonalities with several indigenous peacemaking approaches in Africa and has the potential of facilitating sustainable resolutions of communal conflicts such as the Bimoba chieftaincy conflict. However, similar to other approaches, the blood ritual does not ensure gender equality in peacebuilding as the role of women is reduced to simply being observers. A major limitation of this study is its reliance on only the perspectives of the elders of the community without recourse to the voices of people who appear before the ritual processes, to appreciate how they feel about the blood ritual with respect to their hope and expectation when they appear before the process for solace and solution. Also, the voice of young people, women and other vulnerable groups are not reflected in the blood ritual approach.","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48641923","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

A structured reflection for improving third party interventions and mediation practice: Reconsidering debrief 改进第三方干预和调解实践的结构化反思:重新考虑汇报

IF 0.6

Conflict Resolution Quarterly Pub Date : 2022-09-12 DOI: 10.1002/crq.21361

Tzofnat Peleg-Baker, Michael Lang

{"title":"A structured reflection for improving third party interventions and mediation practice: Reconsidering debrief","authors":"Tzofnat Peleg-Baker, Michael Lang","doi":"10.1002/crq.21361","DOIUrl":"10.1002/crq.21361","url":null,"abstract":"We make a case for structured reflective practice for improving third-party interventions and mediation decision-making and outcomes. We propose that a lack of awareness of the automatic, intuitive nature of judgments that dominate the fast-paced and uncertain mediation circumstances risk a proper treatment of implicit social-psychological matters driving conflict and suitably addressing substantive issues. Implicit matters include parties' feelings about themselves and relational and process-related issues. The quality of intuitive unconscious decisions could improve by conscious structured reflective practice. This reflection presents a learning opportunity to gain an awareness of unconscious judgments and advance a beneficial interplay between conscious and unconscious processing. To support the significance of conscious, reflective practice for improving automated decisions in third-party interventions and mediation, we present the context of mediation and findings on cognitive processing, intuitive decision-making, expertise, and reflective practice. Empirical findings in negotiation, management, and medicine confirm the effectiveness of structured reflective practice. A research-based, four-dimensional Structured Reflective Instrument (SRI) developed by Tzofnat Peleg-Baker is offered. It was designed to systematically help mediators improve judgments, particularly the response to implicit mediation goals and outcomes. We provide an example of one dimension of the SRI in the Appendix.","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/crq.21361","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43350598","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: 1

The Neutrality Trap: Disrupting and Connecting for Social Change. Bernard Mayer and , Jacqueline N.John Wiley and Sons. Inc, 2022. 中立陷阱:社会变革的干扰与连接。伯纳德·梅尔和杰奎琳·n·约翰·威利父子公司。公司,2022年版。

IF 0.6

Conflict Resolution Quarterly Pub Date : 2022-09-02 DOI: 10.1002/crq.21360

Rachel M. Goldberg

引用次数: 0

Communicating cultural identity in the management of forest related conflicts in Eastern Mau, Kenya 在肯尼亚东茂与森林有关的冲突管理中传播文化认同

IF 0.6

Conflict Resolution Quarterly Pub Date : 2022-08-25 DOI: 10.1002/crq.21358

Raphael Kweyu

{"title":"Communicating cultural identity in the management of forest related conflicts in Eastern Mau, Kenya","authors":"Raphael Kweyu","doi":"10.1002/crq.21358","DOIUrl":"10.1002/crq.21358","url":null,"abstract":"Conflict behavior is thought to result from attitudes. Attitude which is a tendency to favor or disfavor is thought to be a function of perceptions. Perceptions are influenced by our cultural identity. In Kenya, different communities have been involved in violent identity conflicts which peaked in 2007/2008 during the post-election violence. The role of politics and natural resource competitions as sources for conflicts in Kenya has been widely exposed. This paper enriches the discourse on manifestation of conflict by an in-depth analysis of how cultural identity is communicated drawing examples from communities residing adjacent to Eastern Mau forests complex in Kenya. The main research question is that, since inter-group conflict involves identity competition, how are attitudes expressed in this context? Qualitative data sources were obtained for this study through key informant interviews and Focus Group Discussions. Data analysis was through thematization, content and linguistic analysis. Results from this study reveal that conflicts involving different ethnic communities have escalated over time. The study further reveals that attitudes are expressed through figures of communication such as stereotypes and nicknames, metaphors, and naming of places. Conflicts in Eastern Mau seemed to persist, vacillating between periods of relative peace and periods of escalation. Mediation has been proposed in recent literature as a sustainable solution for intractable conflicts. This paper suggests that more research is needed on traditional dispute resolution in Eastern Mau with a view to understanding how mediation could be integrated in the existing formal conflict resolution in the study area and beyond.","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49519348","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: 1

EDITORIAL INTRODUCTION 编辑介绍

IF 0.6

Conflict Resolution Quarterly Pub Date : 2022-08-16 DOI: 10.1002/crq.21359

Helena Desivilya Syna

引用次数: 0

The dark side of Section 63(3b) of the Labour Act (Chapter 28:01): The perspective of the stakeholders 《劳动法》(Chapter 28:01)第63(3b)条的阴暗面:利益相关者的观点

IF 0.6

Conflict Resolution Quarterly Pub Date : 2022-08-04 DOI: 10.1002/crq.21357

Pilot Ndhlovu, Provilence Ndhlovu

{"title":"The dark side of Section 63(3b) of the Labour Act (Chapter 28:01): The perspective of the stakeholders","authors":"Pilot Ndhlovu, Provilence Ndhlovu","doi":"10.1002/crq.21357","DOIUrl":"10.1002/crq.21357","url":null,"abstract":"This article sought to investigate the untold story of section 63(3b) of the Labour Act, Chapter 28:01 of Zimbabwe. A qualitative approach was used in this study. The purposive sampling method was used to select 30 participants. Semi-structured interviews were utilized to collect primary data from Zvishavane – Mberengwa area in the Midlands Province. The study established that employers have become knowledgeable of the Labour Act and are thus sidelining the Labour Officer for Designated Agents at the employees' expense. The research established that employees who are less favored by the set-up feel like Labour Officers are letting them down. The study revealed that section 63(3b) of the Labour Act was defeating the whole purpose of the act as it was only benefiting employers. Section 63(3b) of the Labour Act does not promote social justice and democracy as provided for in section 2A of the Labour Act. However, it was recommended that National Employment Councils should not deploy a Designated Agent in the first place if they are not able to deploy them in every district like what the government does on its Labour Officers. It was also recommended that the government and policymakers should consider amending the Labour Act, especially on the issue of jurisdiction; otherwise, the system will continue to suffocate one side.","PeriodicalId":39736,"journal":{"name":"Conflict Resolution Quarterly","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47847291","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: 2