The incidence rate of domestic violence cases in Europe has not really significantly decreased inthe last ten years, and Spain is not an exception on this. Despite legislative changes andimprovements that have taken place in many of our countries regarding penal punishment ofthose behaviors, it seems to be not enough or perhaps not suitable for all possible cases in thisfield. For this reason, for some time it is being discussed and, in any cases, trying out with theoption to apply other techniques of conflict resolution based on restorative justice (andspecifically the process of mediation between victim and offender). The purpose of this briefpaper is then to examine the current legal situation in Spain about mediation in cases of domesticviolence, and the opinions that have been expressed on this from the criminal doctrine.
The gloss discusses the considerations of the proposition formulated in the justification for the judgement of the Court of Appeal, in which it was assumed that the difference between a settlement agreement concluded before the court and an agreement concluded before a mediator and approved by the court is that only the agreement concluded before the court has the legal force equal to that of a notarial deed. The presented doubts relate to the part of the reasoning concerning a settlement reached before a mediator and which has been “approved by the court.”
Since 1 June 2017, mediations in administration have astatutory foundation in the provisions of the code of administrative proceedings. Mediator’s actions, which, according to Art. 96 of the code are to help parties to adispute to settle it amicably affect the administrative bodies’ jurisprudence. It can thus be expected that, as was the case with criminal and civil legal proceedings, mediators will become an indispensable part of the administrative office environment, and that mediation itself will influence the organizational culture of the public administration offices. Mediator, being the part of the environment of apublic institution, acts as alink between the organization and its specific and general surroundings. Their specific role should be considered from axiological and communicative as well as praxeological perspective. The conflicts in which public administration bodies are engaged due to their fulfilment of the law dictates the specificity of interactions between these bodies and their environment. This environment is highly dynamic, therefore mediators can be counted as the task environment for such bodies. Since it is not possible to predict all the factors influencing the body’s activity, such as the frequency with which different cases are filed, from the praxeological perspective the mediator’s participation in the court proceedings, as an organ operating outside the administrative structures, is justified.
The alternative methods used in finding solutions to disputes are also called the ADR methods. This is an abbreviation for Alternative Dispute Resolution and it means alternative (in relation to legal proceedings) ways of finding solutions to disputes. We should include mediation among such methods. The word ‘mediation’ comes from the Greek language (medos – mediating, not belonging to any of the sides), and Latin (mediatio – mediation). Mediation is a voluntary, confidential, legal proceeding conducted by the parties of the particular dispute in cases in which it is possible to reach a compromise in the presence of an impartial and neutral third party who is called a ‘mediator’.
Curiosity is a personality trait that is inversely related to depression and positively related to subjective wellbeing. However, the relationship between curiosity and these two outcomes is still unclear which hampers our general understanding of well-being. Based on research within positive psychology that showed character strengths such as curiosity can indirectly decrease depression, we hypothesized that the inverse relationship between curiosity and depression would be mediated by subjective well-being. Two hundred and fifty seven participants, between 18 and 64 years old (M = 24.50, SD = 8.33) completed a web-based survey comprising: The Curiosity and Exploration Inventory - II, Center for Epidemiological Studies - Depression and the Steen Happiness Index. We found that well-being mediated the relationship between curiosity and depression. The results indicate that curious individuals tend to report higher levels of subjective well-being which, in turn, is associated with lower levels of depression. Our findings contribute to the understanding of positive results obtained from clinical samples that underwent positive psychotherapy of depression.
Current article refers to the issue of the use of mediation as tool for prevention of violence in interpersonal relationships. The article presents use of mediation in situations with the thread of violence, both in the light of legal regulations and psychological aspects, based on theoretical knowledge and experience in the application of the method. The author points out that in the situations with the thread of violence mediation may be effective, assuming appropriate qualification and experience of mediator and appropriate approach. Furthermore, mediation may even be a landmark event, actuating a process of healing in the relationship or even preventing potential violence.
Settlements taken in the process of local spatial planning are very important for the implementation of the principle of sustainable development. It is therefore important to ensure public participation in them. The article contains an analysis of the legal forms of public participation in spatial planning and identifies the benefits of using mediation. Involvement the parties in negotiations with the presence of the mediator could bring benefits to both: municipal authorities and parties. It makes easier reaching an optimal planning solution by the authorities and the parties receive opportunity to realize their plans and interests. Mediation as a form of multilateral communication can better meet the requirements of participatory democracy than those provided by the law of public consultation which have forms of notes or participation in public discussion.
In the era of progressive economic and trade cooperation at a national and international level, the number of disputes related to them is increasing. Statistics overviewing the activity of Polish courts dealing with proceedings in commercial cases confirm the fact. The development of alternative disputes resolution instruments, in particular regarding arbitration and mediation, gives rise to hope for remedying the situation. At the moment their scope is of little significance related to the entirety of legal transactions. Moreover, there are areas virtually devoid of them. The Podlaskie region is one of such areas. Recently, collaboration of the Chamber of Industry and Commerce in Bialystok and the Faculty of Law of University of Bialystok resulted in the launch of the Arbitration and Mediation Center of the Podlaskie region. As a part of the project, mediation services were commenced and further steps to launch the Eastern Court of Arbitration were taken. It seems that the undertaking can bring satisfactory results for socio-economic trading. The assumption will be possible to be verified in practice in the nearest future.
The Internet has immense mediational potential in ELT in terms of providing learners with comprehensible input, a platform for social interaction, and opportunities to produce linguistic output. This study explores EFL teachers’ perceptions and utilization of the Internet in ELT at Bahir Dar University (BDU) in Ethiopia; it also identifies the challenges and barriers to effective use of the Internet as a mediational tool. Twenty-one randomly selected instructors at BDU responded to a questionnaire. The results show that teachers have favorable perceptions of the mediational role of the Internet; however, they show fairly limited utilization of the Internet for teaching purposes. Therefore, there appears to be a mismatch between BDU instructors’ positive perceptions and current practices. Furthermore, inadequacy of Internet access, students’ lack of Internet skills, lack of skills of using the Internet for ELT purpose, extra work-load, time constraints were the major barriers to effective use of the Internet as a mediational tool. Based on these results, it is suggested that teachers’ awareness be raised on how to leverage the Internet mediational artifacts in this limited technology context.
Mediation is the main form of ADR (Alternative Dispute Resolution). Mediation involves a type of structured meeting with the disputing parties and an independent (neutral) third party who works to help them reach an agreement between themselves. The role of the third party is to facilitate negotiation and agreement between the disputing parties, but the mediator does not decide who is right or wrong or issue a decision. This kind of ADR is used in many jurisdictions to resolve different types of dispute in informal and confi dential way, such as those involving criminal-related issues. The following paper treats the subject of Polish Criminal Procedure Act of September 27, 2013 and its changes which will be incorporated to the Polish law system. It presents new solutions resulting in improving the effi cacy of mediation as a criminal concept..
The investigation of a corpus of American prenuptial agreements and Spanish capitulaciones matrimoniales shows how the popularity of premarital contracts is spreading everywhere. The American and the Spanish documents, juridically diverse in many aspects, embedded in two different legal systems, belong to the genre of contracts and are classified as a type of negotiation/mediation. The lexical and semantic analysis focuses on the specialized terminology used to refer to the human actors and their actions within the documents. The aim is to discover whether and how legal, intercultural and sociological divergences emerge from the textual context. Participants play several roles in the various semantic-pragmatic units constituting the contract, being in turn considered as contracting parties, married couple, notary public, parents, esposos, padres, and otorgantes. Their actions are highlighted by a punctual and proper use of verbal constructions and speech acts, such as asserting, signing, stipulating, agreeing. The study demonstrates how actors and actions do not stand autonomously and separately: they perform and fulfil a specific pragmatic function in a precise legal and cultural context.
The investigation of a corpus of American prenuptial agreements and Spanish capitulaciones matrimoniales shows how the popularity of premarital contracts is spreading everywhere. The American and the Spanish documents, juridically diverse in many aspects, embedded in two different legal systems, belong to the genre of contracts and are classified as a type of negotiation/mediation. The lexical and semantic analysis focuses on the specialized terminology used to refer to the human actors and their actions within the documents. The aim is to discover whether and how legal, intercultural and sociological divergences emerge from the textual context. Participants play several roles in the various semantic-pragmatic units constituting the contract, being in turn considered as contracting parties, married couple, notary public, parents, esposos, padres, and otorgantes. Their actions are highlighted by a punctual and proper use of verbal constructions and speech acts, such as asserting, signing, stipulating, agreeing. The study demonstrates how actors and actions do not stand autonomously and separately: they perform and fulfil a specific pragmatic function in a precise legal and cultural context.
The article under consideration examines the legal settlement of disputes, including commercial disputes, through mediation in the context of the legislative work regarding mediation in Ukraine. The author concludes on the need of consolidation of provisions in legislation on mediation, taking into account the experience of other states, as well as amending relevant current legislation of Ukraine.
Mediation was popularized in modern times in the United States. Its origins were found in the mediation of labour disputes between unions and employers, as a means of avoiding strikes, and currently it is used more and more frequently in individual employment matters. While mediation is not as widespread in Poland to date, its use in labour and employment cases appears to have a similar arc of development. Since the 1990s, mediation has had a central and positive role in resolving collective labour disputes, and now it is being used increasingly in individual employment cases. This paper explains these developments, with a particular focus on the evolution and scope of employment mediation under Polish and European Union law. The author concludes that although the basic framework exists for mediation to develop further in Poland, further reforms would be helpful to ensure its success.
The article discusses an alternative way to settle a tax dispute through mediation. For the Russian law enforcement practice, this format of interaction is new, since the current law on mediation only since 2019 has established the possibility of its implementation in the public sphere of activity. At the end of 2020, the first precedent for considering a tax dispute through mediation appeared, which gave a positive result. The author discusses the pros and cons of using mediation in public legal relations and gives his vision of this process.
Coworking spaces emerged in the mid-2000s as collaborative workplaces that actively supported teleworkers and self-employed knowledge workers who shared various (work) environments to interlace themselves in supportive networks, tackle isolation, positively influence well-being, and collaboratively participate in knowledge-sharing activities. However, with the swift popularisation of the coworking model by 2020, newly established flexible office spaces have begun to refer to themselves as community-based workplaces even though they lacked the capacity to support their users’ interactions and collaborative work. Therefore, the purpose of the paper is to explore how coworking spaces have transformed from community-based environments to a flexible place of work where establishing a collaborative community is not an organisational priority. The following exploratory research investigates a sample of 13 coworking spaces in Prague, the Czech Republic, and considers their capacity for supporting interactions and collaborative processes between their users. The results uncovered significant differences between coworking spaces, their spatial designs, the presence of mediation mechanisms, and the frequency of interactions between users, and suggest that the handful of sampled coworking environments misuse the notion of community. In that context, the following study indicates that contemporary coworking spaces can revert to community washing to deliberately pursue economic self-interest rather than support decentralised peer-to-peer exchange that would lead to developing a coworking community.
Mediation is a method of alternative dispute resolution that uses a neutral third party to assist parties in resolving disputed issues. Mediator conducts the negotiation, but has no authority to decide. He is obliged to remain impartial, provide information to parties to the mediation proceedings as well as keep confidentiality of the information disclosed during the proceedings. Mediation is voluntary and allows disputing parties considerable flexibility in reaching a resolution. The article describes the German Mediation Act that is transposing Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. Under new law judges are allowed to play the part of mediators in order to find an amicable solution in the course of conciliatory proceedings.
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