This paper focuses on the use of mediation within Ontario’s child protection system. Applying the process pluralism framework advocated by Carrie Menkel-Meadow, the systemic resistance to child protection mediation [CPM] in Ontario is explained. To address this resistance, a particular approach of structuring conflict resolution is evaluated through the lens of process pluralism. It is concluded that increasing the use of CPM at the dispositional stage of a child protection proceeding will improve results for children and their families.

This paper focuses on the use of mediation within Ontario’s child protection system. Applying the process pluralism framework advocated by Carrie Menkel-Meadow, the systemic resistance to child protection mediation [CPM] in Ontario is explained. To address this resistance, a particular approach of structuring conflict resolution is evaluated through the lens of process pluralism. It is concluded that increasing the use of CPM at the dispositional stage of a child protection proceeding will improve results for children and their families.

Mediation, as a prominent 'alternative dispute resolution' (ADR) process, has been spreading across various legal jurisdictions in Australia and overseas. Because both the process and the outcome are seen to be 'owned' by the disputants, it has been assessed by Australian governments as being appropriate to the decentralised industrial relations systems developed in the 1990's. This led to proposals to create independent mediation services that would supplement the conciliation-arbitration service available in the Federal and South Australian industrial relation commissions. This study canvassed these proposals in light of the various benefits claimed for mediation and explored the confused usage of the terms mediation and conciliation in relation to industrial disputes. The specific focus, however, was to examine the possible effect of the imbalance of power inherent in the employer-employee relationship upon the fairness of outcome from mediation - and how the method of paying the mediator might impact upon this fairness. / Thesis (MConflictManagement)--University of South Australia, 2002.

Thesis (Ed. D.)--Illinois State University, 1990. / Title from title page screen, viewed November 3, 2005. Dissertation Committee: Dent M. Rhodes (chair), Twyman Jones, James A. Knecht, Normand Madore. Includes bibliographical references (leaves 206-215) and abstract. Also available in print.

Thesis (M.A.)--City University of Hong Kong, 2007. / Title from PDF t.p. (viewed on Sept. 7, 2007) "LW6409A, dissertation of MA arbitration and dispute resolution" Includes bibliographical references.

This thesis aims to introduce alternative dispute resolution within international business relationships and it subsequently focuses on one of them, which is mediation. This topic was chosen with regards to its recency and an evolving trend of alternative dispute resolution both in Czech Republic, and abroad. The thesis is divided into eight chapters. Introductory chapter introduces the issue of ADR, their characteristics, advantages and the division. The second chapter focuses on the definition of business relationships, international business relationships and suitability of application of ADR in these cases. The third chapter is dedicated to the characteristics of individual types of ADR such as negotiation, conciliation, collaborative law, arbitration, med-arb, medaloa, minitrial and expertise and their mutual comparison. The fourth chapter is devoted to the legislation of ADR within Czech Republic and subsequently to the international legislation of ADR. The fifth chapter focuses on mediation, its characteristics, definition, its forms, history and both national, and international legislation. The sixth chapter aims to introduce mediation within private international law. In the seventh chapter the mediator is characterised by using the comparison of the Czech and Austrian legislation. Final...

It has long been argued in scholarly research that powerful third parties make excellent third parties due to their superior economic and military capabilities, yet surprisingly little scholarly attention has been paid to superpower mediation and bias, and how it affects post-conflict levels of bias. While it is expected that powerful mediators, with their leverage and ability to enforce peace agreements with military force will be biased mediators, cases of mediation by superpowers shows this is often not the case. By exploring the phenomenon of post-conflict levels of violence and how it is correlated with great power mediation bias, this study focuses on specific cases of superpower mediation, while allowing for the idiosyncracies of each conflict to be integrated. Guided by previous empirircal findings, this study argues that levels of post-conflict violence will be lower in countries mediated by biased superpowers due to the leverage, influence and credibility they bring to the mediation process, and ability to 'deliver their side' in negotiations. This study will employ a structured focused comparison to provide a systemic comparison to test the hypothesis on three selected conflicts, the 2001/02 India-Pakistan standoff, the Dayton Agreement and Oslo peace process.

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The purpose of this thesis is to present mediation as an Alternative Dispute Resolution (ADR). The selection of this topic is influenced by the currency of this issue. This currency can be seen in the adoption of mediation act, which is first of its kind. The thesis is composed of five chapters. The first chapter deals with the general concept of ADR and presents different types of ADR. The second chapter then presents mediation as one of the types of ADR, and focuses on the concept of mediation, its history, the role of mediator and the mediation process in its four sub-sections. The crux of this thesis is then in the following chapters which addresses how mediation is utilised in the European, Czech and Australian legal environments. The third chapter of this work shows the development of mediation in the EU, which led to the adoption of the Directive on certain aspects of mediation in civil and commercial matters (2008/52/EC). This Directive is an essential guide for the development of mediation in the EU Member States, including the Czech Republic. On 13th June 2012 Act No. 202/2012 Sb. on mediation and amending certain laws, which establishes the new concept of mediation in the Czech Republic, was introduced. The adoption of this law implements a Directive on mediation, which the Czech...

This thesis is dedicated to mediation as an alternative dispute resolution method and as a possibility to prevent long lasting court disputes which occur more than necessary. The aim of this thesis is to point out the advantages of mediation and the possibilities of its wider implementation in Czech Republic, while comparing with the Australian system, where mediation is widely used. The thesis is separated into six parts. The first part is focused on a brief introduction of some ADR methods, in particular renegotiation, mediation, pre-arbitration settlement methods, arbitration and hybrid ADR methods. Furthermore, this part focuses on the history of mediation around the world and in the Czech Republic. The end of the first part focuses on a detail analysis of various forms of mediation based on several criteria of division. The second part compares mediation to court proceedings from three different points of view. These are the ability of each method to fulfil the aims and needs of the parties, the aspects of the dispute and of the parties which affect the suitability of each method and lastly the ability of each method to eliminate the barriers to an effective resolution of the dispute. In the third part the author focuses on the role of the mediator, the organisation of mediation in the Czech...