China
Africa
Explore chapters and articles related to this topic
Conflict, Conflict Resolution and Workplace Bullying
Published in Ståle Valvatne Einarsen, Helge Hoel, Dieter Zapf, Cary L. Cooper, Bullying and Harassment in the Workplace, 2020
Loraleigh Keashly, Honey Minkowitz, Branda L. Nowell
Mediation has gained privileged status among the dispute resolution processes, helping to facilitate solutions to seemingly unsolvable problems. Mediation involves a neutral third party working with the antagonistic parties to help them constructively discuss the issues between them so they can develop a solution that meets both parties’ needs. Evidence of mediation effectiveness—in contrast to litigation in a variety of settings (divorce, the environment, the corporate sector, etc.)—has been strong (e.g., Kressel, 2006). However, mediation has been criticized for a number of failings. First, a basic assumption of mediation is that parties to the dispute are sufficiently capable of negotiating with one another as relative equals. This assumption is questionable in situations in which violence is involved, for instance, in domestic abuse cases, sexual and racial harassment and violent crimes (e.g., Field, 2001; Ver Steegh, 2003). The victims of these behaviours are often diminished and disempowered as a result of the experience, undermining their abilities to be assertive in dealing directly with the actor. As noted earlier in the discussion on individual conflict management strategies, problem-solving approaches often fail to stop affective conflicts and in some cases serve to exacerbate them. Thus, the power imbalance, the inability to defend, and the extensive undermining of the target’s personal resources that characterize severe bullying relationships suggest that mediation may not only be inappropriate but that it may also be harmful.
Division 00 General Conditions
Published in Gary Anglin, Introduction to Estimating, Plan Reading and Construction Techniques, 2019
Mediation is the first step for the contractor to take when the architect is disagreed with and the contractor does not want to accept the decision. Or, if the architect ignores a claim made by the contractor, the matter can be headed for mediation after a thirty-day wait. Requests for mediation are “filed” with the American Arbitration Association, and a demand for arbitration can be made at the same time. Costs for mediation are shared by the parties, and the results, if agreed to, are enforceable.
Ethics and Law
Published in Graeme Dandy, Trevor Daniell, Bernadette Foley, Robert Warner, Planning & Design of Engineering Systems, 2018
Graeme Dandy, Trevor Daniell, Bernadette Foley, Robert Warner
Mediation or conciliation can be seen as the next most expensive approach and can offer distinct advantages, in that the duration of the process can be predetermined with the parties involved deciding the rules under which they and the mediator will operate, and the informality of proceedings may make the necessity for legal representation less likely. The benefits are a resolution achieved more expeditiously and economically.
Research on the Relationship Between Flexible Contract Term Setting Method and Setting Effect of Environmental Protection PPP Project
Published in Engineering Management Journal, 2022
Lingyi Tang, Xiaer Xiahou, Kang Li, Qiming Li, Xiaoyang Hu
The fundamental purpose of the contract is to allow the parties to fully communicate their intentions and reach an agreement on the understanding and implementation of the contract (Cheng et al, 2020; Delhi & Mahalingam, 2020). Regarding specific operational procedures, flexible terms here can be terms of varying degrees, such as negotiation, renegotiation, dispute resolution, etc. (Klijn & Koppenjan, 2016). In general, negotiation and communication mechanisms are only used to deal with the most minor problems, most notably to maintain normalized cooperation (Liu & Fang, 2018) and to establish renegotiation mechanisms (Domingues & Zlatkovic, 2015). When an agreement cannot be reached after negotiations or when the parties’ opinions differ significantly, dispute resolution mechanisms should be used to resolve disputes through third-party intervention, such as mediation and litigation. (Domingues & Zlatkovic, 2015; Liu & Fang, 2018). The logical relationship of the above analysis can be expressed as Exhibit 2.
Model-driven engineering of mediation information system for enterprise interoperability
Published in International Journal of Computer Integrated Manufacturing, 2018
Frederick Benaben, Sebastien Truptil, Wenxin Mu, Herve Pingaud, Jihed Touzi, Vatcharaphun Rajsiri, Jean-Pierre Lorre
The business MM is thus focused on capitalising the business knowledge into a collaborative business process model, involving all the partners of the collaborative network. This MM (presented in Figure 5) is based on BPMN language and organises the collaborative situation according to the mediation principle exposed in Wiederhold and Genesereth (1997). This mediation principle claims that the mediator should be able (1) to communicate with each of the members of the network and (2) manage the partners to reach altogether their collaborative goals (or the best compromise between their individual goals). The MIS (or CIS – for collaborative information system – as it is named in the following figures) orchestrates the whole behaviour by coordinating the services of all partners:
Psychosocial risks in small enterprises: the mediating role of perceived working conditions in the relationship between enterprise size and workers’ anxious or depressive episodes
Published in International Journal of Occupational Safety and Ergonomics, 2019
Gaëlle Encrenaz, Sonia Laberon, Christine Lagabrielle, Gautier Debruyne, Jacques Pouyaud, Nicole Rascle
Mediating processes can be cognitive (social norms and representations), transactional (perceived stress) or physiological. As proposed by Preacher and Hayes ([22], p.879), mediation can be defined ‘as the process by which some variables exert influences on others through intervening (or mediator variables)’. In the present study, the enterprise size was considered as a social determinant (independent variable), perceived working conditions as an intermediate process (multiple mediators) and anxious or depressive episodes as a mental health outcome (dependent variable). Our research model is presented in Figure 1.