MEDIATION WORKS – FAMILY MEDIATION

 

What is the process of family mediation? How can couples and families separate more smoothly and and less bitterly? Please watch this short interesting film to understand more about this process of mediation dispute resolution in family. We hope you enjoy it!
See:

Contact
8th Asian Pacific Mediation Forum
Official Conference Website: https://apmf2017.mediation.vn
Email: support@mediation.vn / thomas@mediation.vn
Global Education Academy: ‎+84 43267 3544
Conference Hotline: +84 12655 397488th

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UNDERSTANDING FAMILY MEDIATION

Family mediation can be a quicker, cheaper and less stressful way to move forward if you’ve decided to separate from your partner.
Please watch this short interesting film to understand more about this process of mediation dispute resolution in family. We hope you enjoy it!
See:

#APMF2017 #ODR #ADR #APEC #Mediation #WINWIN

Contact:
8th Asian Pacific Mediation Forum
Official Conference Website: https://apmf2017.mediation.vn
Email: support@mediation.vn / thomas@mediation.vn
Global Education Academy: ‎+84 43267 3544
Conference Hotline: +84 12655 397488th

UNDERSTANDING COMMUNITY MEDIATION

 

A short video that explains what mediation is and how it can help resolve community disputes. We hope you enjoy it!
SEE: https://www.youtube.com/watch?v=FtR15aKECnw

#APMF2017 #ODR #ADR #APEC #Mediation #WINWIN
Contact:
8th Asian Pacific Mediation Forum
Official Conference Website: https://apmf2017.mediation.vn
Email: support@mediation.vn / thomas@mediation.vn
Global Education Academy: ‎+84 43267 3544
Conference Hotline: +84 12655 397488th

APPROACHES TO MEDIATION AND PEACE BUILDING IN THE ASIA PACIFIC REGION

The Asia Pacific Mediation Form (APMF) is a not-for-profit regional association of individuals, organisations and institutions interested in promoting peace through mediation and other conflict transformation processes wherever conflicts threaten the well-being of individuals, organisations, communities, and local, state or national governments in the region. There are many ways to approach mediation and peace building, including:
– Facilitative mediation: The mediator facilitates the negotiation between parties with the aim of reaching a long-lasting agreement. In facilitative mediation, the mediator asks questions, summarises positions and generally assists the two parties in coming to a resolution based on the information available. The mediator leads the process, but the parties are responsible for agreeing the outcome with the mediator’s help.
– In evaluative mediation, the mediator has a much greater part to play in determining the outcome of the mediation and the primary focus is to reach a quick deal. The mediator may make recommendations to each party, and the mediation approach is based much more on evaluating the legal position of each party.
– Transformative mediation is a relatively new approach based on the concept that the two parties’ relationship may be transformed during the mediation process. Like facilitative mediation this approach also empowers the parties to come to their own resolution, however parties also structure the mediation process (as well as the outcome) in this approach.
Cartherine Morris emphasizes that: “Peacebuilding should include building legal and human rights institutions as well as fair and effective governance and dispute resolution processes and systems”. There is room in mediation practice for many styles, including facilitative, evaluative and transformative mediation. Each has its usefulness and its place in the pantheon of dispute resolution processes. It must be noted that most mediators use a combination of these styles, depending on the case and the parties in mediation, as well as their own main approach to mediation. Some sophisticated mediators advise clients and attorneys about the style they think would be most effective for their case. Some parties and attorneys are sophisticated enough to know the difference between types of mediation and to ask mediators for a specific type in a specific case. It appears that it would be helpful for mediators at the very least, to articulate to parties and attorneys the style(s) they generally use, and the assumptions and values these styles are based on. This will allow clients to be better and more satisfied consumers, and the field of mediation to be clearer on what it is offering. It can only enhance the credibility and usefulness of mediation.

Contact
8th Asian Pacific Mediation Forum
Official Conference Website: https://apmf2017.mediation.vn
Email: support@mediation.vn / thomas@mediation.vn
Global Education Academy: ‎+84 43267 3544
Conference Hotline: +84 12655 39748

MEDIATION FOR LAND DISPUTES

A land dispute occurs when two separate entities feel like they both have a legal claim to a piece of property. This may be a disagreement about property lines, a bank foreclosure, or even a clerical error that created two rightful owners. The land problems are able to be disputed as follows:
– Dispute concerning which is such a plot of land;
– Dispute concerning a plot of land boundary;
– Dispute concerning a plot of land width;
– Dispute concerning the land status (State land or private land);
– Dispute concerning the owner’s land rights;
– Dispute concerning the encumbering rights;
– Dispute concerning the conveyance land rights;
– Dispute concerning indicator of location and decision of its width to the government or private project;
– Dispute concerning the release/liberation of land rights;
– Dispute concerning the land clearing;
– Dispute concerning payment of compensation/indemnity, allowance or other reward;
– Dispute concerning the annulment of land rights;
– Dispute concerning the expropriation of land rights;
– Dispute concerning the granted land rights;
– Dispute concerning the issued certificate of title;
– Dispute concerning proof of any rights or law action and other disputes.
Mediation is the best way to deal with land dispute because mediation proccess consume less time and money than traditional process.
Basically, land dispute can be resolved through mediation by National Land Agency or mediation through Regional Government; even mediation through non government organization (NGOs). But, in the certain case, mediation can also be done through the Court which appoints a judge as a mediator.
In conclusion, Land use disputes are becoming increasingly complex. The time is ripe for land use planners and other public officials to explore alternative ways of resolving these conflicts, and the mediation model represents an important new option for achieving this goal.

Contact
8th Asian Pacific Mediation Forum
Official Conference Website: https://apmf2017.mediation.vn
Email: support@mediation.vn / thomas@mediation.vn
Global Education Academy: ‎+84 43267 3544
Conference Hotline: +84 12655 39748

MEDIATION IN THE WORKPLACE FOR HUMAN RESOURCE MANAGEMENT

Mediation is a way to resolve disputes without filing a “formal complaint” or lawsuit. It can provide a non-public forum in which the disputing parties can discuss the dispute, feel that they are being heard, gain insight and understanding into the perspective of the other party, and work together in exploring and developing possible ways towards resolving the dispute.
WHY MEDIATION IN THE WORKPLACE
• Recognition and Understanding. When employees feel they are being heard and have the opportunity to hear and understand the other party’s point of view, the chance for an amicable resolution is heightened.
• Self-Empowerment. The workplace is an environment in which employees feel they are normally being told what to do – mediation offers employees the opportunity to have input in the decision on how to resolve a situation.
• Timeliness and Speed. Mediation can take place quickly and within a short period of time (often just a few hours). In contrast, a formal complaint filed with a regulatory agency or court can take years to resolve.
• Cost Effective. Mediation is cost effective not only financially but also in human capital and time. Mediator fees are a fraction of the costs of the legal fees associated with a protracted conflict and litigation.
• Confidential. Once a lawsuit is filed it becomes a matter of public record while mediations, by their very nature and contract, are confidential, regardless if a mediation takes place prior to or after a lawsuit has been filed. In California, communications during mediation are inadmissible and are confidential as defined under the Evidence Code.
• Durability of the Mediation Agreement. Studies have shown that when disputing parties voluntarily enter into a mediation agreement they are far more likely to adhere to the terms of the mediation agreement since they helped draft and design the agreement rather than when a judgment is imposed by a court or regulatory agency.
TYPES OF WORKPLACE ISSUES WHERE MEDIATION CAN REALLY HELP:5
• Problems between employees. Even the simplest of problems between employees, if left unresolved, can fester and grow into much larger issues that not only negatively affect the employees involved but also impact others around them. Employers that provide mediation as an avenue that employees can use to resolve their disputes in a confidential, impartial and nonjudgmental way serves to empower employees to positively change their workplace interactions.
• Performance Issues. Employee performance can deteriorate for an array of reasons: communication style, personal interactions, misperceptions and misunderstanding regarding roles and responsibilities, etc. Mediation can offer an alternative, and likely more productive, forum in which to discuss these difficult issues outside of the standard performance review process.
• Harassment Complaints. Utilizing mediation as the first step in dealing with harassment complaints can be very helpful, especially if the complaint is based on a misperception or misunderstanding of what is acceptable workplace behavior. Mediation can serve to open communication between the parties, help clarify what is acceptable workplace behavior, and foster a healthier understanding between co-workers.
• Termination. A termination is always a difficult situation for the employee in question, the employer, and often other employees. Mediation can help the employee feel they have fully shared their feelings and concerns regarding the termination in a circumstance in which the power lies ultimately with the employer. Mediation can offer an opportunity for a “peaceful parting” and allay employers’ worries of potential litigation.
WHY EMPLOYERS SHOULD CONSIDER ADDING MEDIATION TO THEIR EMPLOYEE RELATIONS TOOL KIT.
At a minimum, the benefit of using mediation as a first step in addressing and resolving workplace disputes gives each party a better understanding of the issues and problems of the dispute in a confidential, impartial, and non-public venue. Mediation offers the parties the opportunity to resolve the dispute quickly, and it empowers each party by providing them a voice and role in determining the resolution. Even if the mediation does not result in an agreement and a lawsuit ensues the parties will have a good understanding of the nature of the dispute and the facts surrounding it.
Mediations that do lead to an agreement have endless benefits that include a positive resolution to a workplace dispute in a quick, cost effective manner. Mediation also has the long lasting effect of providing the employees who participate in the mediation the conflict resolution tools that were utilized in the mediation to resolve future disputes.
At its core mediation is a confidential and voluntary process in which the parties have an active role in the control and resolution of the dispute. When an agreement is finalized, it allows the parties to move forward with a sense of completion, of ownership in the outcome, and, most importantly, that they are winners at resolving their problems.6 This is an especially meaningful experience in the workplace since employees often feel that they do not hold a significant amount of power.

In short, Workplace Mediation is a confidential, informal and voluntary process whereby an impartial mediator facilitates communication between those in dispute to assist them in developing mutually acceptable agreements to improve their future working relationship. Mediation can be effective in both union and non-union settings and at all levels of the organization.

Contact
8th Asian Pacific Mediation Forum
Official Conference Website: https://apmf2017.mediation.vn
Email: support@mediation.vn / thomas@mediation.vn
Global Education Academy: ‎+84 43267 3544
Conference Hotline: +84 12655 39748

MEDIATION FOR LABOUR, INDUSTRY AND COMMERCIAL DISPUTE

Concerning the Mediation for Labour Dispute, usually, it is defined as process where the parties to a dispute – in labour relations: the employer and labour union – invite a neutral third party, the mediator, to help them resolve their differences. This mediator has no power off decision concerning the conflict between the parties, but helps to find and reach a mutually acceptable and voluntarily reached solution. The mediator supports both parties by special negotiation skills and techniques and does not solve the dispute by authoritarian means. There is a clear difference to arbitration on the one side and negotiation on the other.
In fact, industrial conflict, inevitable in a democratic society, serves certain social purposes: it assists in the solution of controversies, it may reduce intergroup tensions, and it may benefit the worker by balancing management power against union power. “Tactical” mediation can reduce aggressive industrial conflict by decreasing irrationality, by removing nonrationality, by aiding in the exploration of solutions, by abetting the parties in making graceful retreats, and by raising the cost of conflict, but its general contribution cannot be large; “strategical” mediation, or the structuring of the environment, on the other hand, can affect major changes. It involves the better integration of workers and employers into society, the increased stability of society, the development of ideological compatibility, the arrangement of secure and responsive relationships among leaders and members, the dispersion of grievances, and the establishment of effective rules of the game.

Regarding the Mediation for Commercial Dispute, Mediation is increasingly favored by traders because of the outstanding advantages of this resolution, which is mainly the fact that the parties to the dispute themselves negotiate and offer solutions with the support of the third party – also known as mediator. Mediation for Commercial disputes is carried out in a flexible procedure agreed upon by the parties themselves. Successful mediation will result in a win-win solution for both parties. If the mediation fails, the parties will bring the case to commercial arbitrators or court for settlement.
When resolving a dispute by court or by arbitration, the final decision maker is the third party, the judge or the arbitrator. They are not insiders and only make decisions based on the rule of law and the events that have caused the dispute. By contrast, Mediation gives the two parties the power to make a final decision. The nature of mediation is not confronted on the basis of mutual interests of the parties. A mediation agreement is enforceable in accordance with national law or only as a form of contract where a party fails to implement this agreement, the other party will initiate a lawsuit for a breach of contract before the competent court.

Contact
8th Asian Pacific Mediation Forum
Official Conference Website: https://apmf2017.mediation.vn
Email: support@mediation.vn / thomas@mediation.vn
Global Education Academy: ‎+84 43267 3544
Conference Hotline: +84 12655 39748

FAMILY MEDIATION ACROSS THE LIFE CYCLE

Family Mediation is the process by which families can negotiate about future arrangements for family members with the help of a neutral third party. The mediator does not tell parties what to do, but can help the parties to reach their own agreements amicably, whilst trying to improve communication between them.
Indeed, Family mediation is where an independent, professionally trained mediator helps you and your ex to work out an agreement about issues such as:
– Arrangements for children after you break up (sometimes called custody, residence or contact)
– Child maintenance payments
– Finances (for example, what to do with your house, savings, pension, debts)
It can also be used to help with the other issues you might face, for example, your children keeping in touch with their grandparents, step families, or in-laws. Mediation can also be helpful when arrangements you’ve made before need to change, particularly as your children grow up.
There are several advantages to attending mediation, which consist of:
– Giving you more control over what decisions are made in relation to children, rather than applying to the courts
– Providing a less stressful way of dealing with sensitive matters
– Improving communication and helping you to sort out future arrangements
– Allowing arrangements to be reviewed and changed easier, so long as they are mutually agreed by both parties
– Providing a quicker and cheaper way of resolving disputes.
If you go to court to sort out your issues, the judge will make the decisions. You will need to stick to these decisions even if one or both of you feel unhappy about them. However, in resorting to Mediation, you will still stay in control. That is to say, no one will make you do anything against your wishes. The mediator will help you find a solution which works for you both and explain how you can make an agreement legally binding.
In fact, a judge will expect you to have considered mediation before you apply to a court to hear your case. They can refuse to hear your case until you have done this. Most people who start mediation will reach agreement without having to go to court. If you need to formally end a marriage or civil partnership, you will need to apply to the court to do this, but you will not usually have to attend a hearing.
A family mediator must act impartially and avoid any conflict of interest. This means that a mediator must not mediate on a dispute where they have acquired relevant information about the parties. Furthermore, a mediator must remain neutral on the outcome of the mediation. They must not seek to enforce their preferred outcome or influence on any of the parties.
You must also expect the mediator to keep all details obtained during the course of mediation confidential. The mediator cannot even disclose information to the court, without the consent of both participants. The mediators may only disclose information where there are serious allegations of harm to a child or adult.
Mediation is a voluntary process and any session for mediation can be suspended or terminated, if they feel that the parties are unwilling to fully take part in the process. Mediators must also encourage the participants to consider the wishes and feelings of the children.

Contact
8th Asian Pacific Mediation Forum
Official Conference Website: https://apmf2017.mediation.vn
Email: support@mediation.vn / thomas@mediation.vn
Global Education Academy: ‎+84 43267 3544
Conference Hotline: +84 12655 39748

ENVIRONMENTAL MEDIATION

Environmental mediation – what might that be?
Environmental mediation is a voluntary, clearly structured procedure in which all those affected by a project with environmental implications search together for a permanent solution.
They are assisted in this by professional, impartial mediators. Powers of decision remain with politicians and administrators. As an instrument for conflict solution and participation, environmental mediation is particularly suited to infrastructure projects, to proposals for erecting / expanding production facilities and to land- use planning.
The word “mediation“ is derived from Latin; the root meaning is ”go- between“. Mediation is in successful use to resolve conflicts in families, in schools and in firms, too.
Environmental mediation comprises mediation procedures in connexion with projects in which, apart from economic and social interests, considerations of environmental protection, of nature conservation, of the quality of life and of land development are central. In particular this applies to projects subject to environmental regulation or that may have an environmental impact (emissions, consumption of resources, exploitation of unspoilt nature, etc.).
The innovative feature of environmental mediation is that all stakeholders are included in the process of preparing a decision as partners on an equal footing, and that impartial mediators steer the process. Environmental mediation does not take the place of administrative approval procedures; instead, these are augmented, as additional aspects are taken into account. Mediation processes normally take place before an administrative or political decision is taken, so there is enough negotiating leeway for a consensual decision. As a result, stakeholders are more likely to accept the project and there are fewer formal objections, which makes life easier for administrators and lawcourts.
* Benefits of environmental mediation:
In Austria environmental mediation has proved its worth for resolving long- drawn- out conflicts. Experience reveals that it is best to take those affected on board at an early stage (before project approval is applied for / before the conflict escalates). In this case approval procedures go quicker, because most of the objections and appeals do not take place. Those involved are saved the trouble and expense of long- drawn- out legal proceedings and planning revisions; the results of mediation are incorporated in the project to be approved. So as a general rule a mediation process should take place in advance of any official approval procedure. In certain special cases it may make sense to conduct a mediation process subsequently, e.g. if a conflict becomes virulent during an environmental audit. Mediation processes can interrupt an official approval procedure and contribute to defusing a confrontation and returning to matter- of- fact discussion; this opens the way to improved solutions in the interest of all concerned.
* Limits of environmental mediation:
In any given case it makes sense to ask whether environmental mediation is a suitable instrument with which to handle the particular conflict or can be used to prepare a planning assignment. Even with environmental mediation, strategic political decisions cannot be delegated – nor can politically loaded conflicts. Environmental mediation is not a way of achieving general acceptance for a decision that has already been taken! A mediation process has little chance of success in cases where fundamental issues involving social values arise, e.g. in connexion with nuclear power or genetic engineering. If the stakeholders are not seriously interested in reaching a consensus and achieving results, or if there is not enough leeway for negotiations, environmental mediation will not get off the ground.

Contact
8th Asian Pacific Mediation Forum
Official Conference Website: https://apmf2017.mediation.vn
Email: support@mediation.vn / thomas@mediation.vn
Global Education Academy: ‎+84 43267 3544
Conference Hotline: +84 12655 39748

COURT-ANNEXED MEDIATION

Court-annexed mediation is the submission by parties to the mediation of a dispute, prior to the commencement of litigation or where litigation has commenced but judgment has not yet been obtained.
The purpose of mediation is to:
• Promote access to justice;
• Promote restorative justice;
• Preserve relationships between litigants or parties to a dispute;
• Facilitate expeditious and cost-effective resolution;
• Assist litigants to determine at an early stage whether a trial or an opposed application is in their interests;
• Provide solutions to a dispute which is beyond the scope and powers of a judicial officer.
Most disputes are appropriate for mediation, as long as the court has jurisdiction in respect of the matter. Examples are contractual claims; motor vehicle collision and other damages claims; neighbourhood disputes and family disputes.
Especially, there are no court fees, but the mediator is entitled to charge a fee according to a fixed tariff. The parties contribute equally to this fee, which must be paid before the mediation commences. The mediator will be a person that the parties choose, with the help of the mediation clerk, from a panel of accredited mediators appointed by the Minister of Justice and Correctional Services. All mediators have undergone mediation training. Some specialise in particular types of matters, such as family disputes. The clerk will advise you as to which of the mediators is appropriate for your dispute, depending on factors such as area of practice and experience.
Moreover, if the parties reach agreement the mediator will assist them to draft a settlement agreement. The settlement agreement is enforceable in law as a contract. It can be given additional strength by having it made an order of court, if the parties agree to this. If the parties are unable to settle their dispute through mediation then they may still resort to litigation and adjudication.
In conclusion, the Court – Annexed mediation will be a challenge worth undertaking. If such a system can provide a compassionate assistance to the litigants for negotiated settlements, the parties will go home with greater satisfaction, and lesser time spent for resolution of their disputes more amicably, will gradually bring their willing participation in the process. The parties will become partners in the solutions rather than partners in problems. The court annexed mediation is expected to solve problem of delay in civil and commercial litigation and thereby contribute towards economic, commercial and financial growth and development in the country while providing satisfaction to the litigants.

Contact
8th Asian Pacific Mediation Forum
Official Conference Website: https://apmf2017.mediation.vn
Email: support@mediation.vn / thomas@mediation.vn
Global Education Academy: ‎+84 43267 3544
Conference Hotline: +84 12655 39748