• Journal of Arbitration Studies
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• v.27 no.2
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• pp.121-142
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• 2017

A study on the global trend of accreditation for mediators implies many important aspects of controlling of the quality of mediation. Firstly, whether or not having an accreditation system, most European countries and the U.S. have a common understanding on the fact that mediators need to be trained to mediate disputes, apart from their own expertise on the subject matters. Secondly, private-led accreditation has been utilized in countries having a Anglo-American law system such as the United Kingdom and the U.S. a while nation-managed one has been operated in the countries having a continental law system such as Austria, Belgium, Italy and Germany. Thirdly, private mediation service providers (usually institutions or companies) play an active role in the training and accreditation of mediators and further make them act as mediators in the disputes referred to them. Fourthly, the countries having a nation-managed accreditation system usually stipulate a certain mediation training and accreditation requirement by law. Fifthly, there is no uniform trend on the minimum hours of training required for accrediting the mediators. Sixthly, mediation training generally focuses on the practical mediation capacity-building, including mediation theory and role-playing, mediation simulations, peer review and supervision. And finally, the mediation theory mainly includes the role of mediator, mediation procedures, mediation communication, negotiation and communication skills, mediation ethics and mediator's code of conduct, etc.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.27-47
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• 2009

Concepts of mediation and conciliation as alternative dispute resolutions are often confusingly used. As to what is meant by mediation and conciliation, there is no uniform legal definition. However, there has been a distinction between two methods of dispute settlement under the international law (UN Charter, WTO DSU, NAFTA, EU mediation directive, WIPO Mediation Rules) although there is no clear definition on the terms of mediation and conciliation. And also under the domestic law such as U.K, France, Germany, a clear distinction has been made between two terms. Mediation means a facilitated negotiation between two parties through the intervention of a third party. A third and neutral party (mediator) help the parties in dispute to find their solution by managing a certain mediation protocol and facilitating communication between the parties while in conciliation, a third party evaluative the case and can suggest the parties a legally non-binding solution. Once the parties accept it, it becomes binding between them. However, in the U.S,, it seems that there is no practical use of distinguishing mediation and conciliation. The term of mediation is more commonly used than the term of conciliation and it has two kinds of mediation such as facilitative and evaluative mediation. Korea's conciliation system is close to conciliation or evaluative mediation. In conclusion, what is distinct between mediation and conciliation is the role of third party. If a neutral third party takes a role of advisor or facilitator, then he or she may employ a proper protocol to help the parties to find themselves their solution (mediation) while if a neutral person plays a role of evaluator, then he or she listens to the parties and suggest a solution to them (conciliation).

• Journal of Arbitration Studies
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• v.26 no.3
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• pp.149-173
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• 2016

This study vindicates similarities and differences of hybrid process of arbitration and mediation between China and Malaysia. Both countries develop hybrid processes combining arbitration with mediation in their own cultural soils. The Chinese dispute resolver plays the dual role of arbitrator and mediator during the proceedings of hybrid process of arbitration and mediation. On the other hand, a different arbitrator plays the role of mediator, if conciliation fails in Malaysia. On the other hand, judges are allowed to act as mediator during the proceeding in China and Malaysia.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.89-122
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• 2002

Mediation is defined most simply as facilitated negotiation. An impartial third party(the mediator) facilitates negotiations between disputants or the disputants' representatives in their search for a resolution of their dispute. The disputants remain responsible for negotiating a settlement; the mediator's role is to assist the process in ways acceptable to the disputants. Sometimes this means merely providing a forum for negotiations or convening the negotiations. More often it menas helping the disputants find areas of common ground for resolution, offering alternatives, supervising the bargaining, then drafting the final settlement. mediation can occur between two disputants seeking to resolve one issue, or among many disputants seeking to resolve several issues. The disputants can participate in mediation themselves or they can have representatives negotiate for them. Mediation most often is a voluntary process. In Korea, as mediation could not have developed for lack of people's correct understanding on it, there must be enlightenment against the people, and it needs subsidiary from government and support from lawers. In order for the lawers to accomplish their role in progressing mediation procedure favorably, they should study and develope on the skill on mediate the case. Furthermore through the good mediation system, it also needs to induce the parties to participate in mediation procedure voluntarily. On the other hand, It also needs to bring up and develope the ADR institution to proceed the mediation impartially and effectively, and let them improve the mediation systems, like the Korean Commercial Arbitration Board.

• Human Ecology Research
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• v.56 no.3
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• pp.205-216
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• 2018

This study examined how the relationship between grandmother-adult child solidarity, caregiving satisfaction, and grandmother's child-rearing role varies according to the relation with the grandchild. Mediation effects and moderated mediation effects were analyzed to investigate the relationship between these variables. The participants were 295 grandmothers raising preschool-aged grandchildren in the Seoul and Gyeonggi areas. Data was analyzed using SPSS 23.0 and PROCESS macro, performing correlation analysis and hierarchical regression analysis. The statistical significance of the indirect effect was examined using a bootstrapping procedure. The results are as follows. First, grandmother-adult child solidarity directly affects the grandmother's child-rearing role. Second, grandmother-adult child solidarity indirectly affects the grandmother's child-rearing role through caregiving satisfaction. Third, the direct and indirect effects of grandmother-adult child solidarity on the grandmother's child-rearing role are moderated by the relation with the grandchild. The direct effect of grandmother-adult child solidarity on grandmother's child-rearing role was therefore shown to be significant on the maternal grandmother. Fourth, the indirect effect of grandmother-adult child solidarity on the grandmother's child-rearing role through caregiving satisfaction was shown to be significant on the paternal grandmother. Based on the results of this study, we discussed ways to strengthen the capacity of co-parenting between grandparents and adult children.

• Human Ecology Research
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• v.58 no.3
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• pp.391-400
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• 2020

This study examined the relationship between ambivalence of Korean working mothers for children and their future desire for child birth. This study examined multiple-role efficacy as a mediator in the relationship between ambivalence for their children and future desire for child birth by Korean working mothers having more than one pre-school aged child. This study examined the mediation effect of multiple-role efficacy on the relationship between ambivalence and desire for child birth by working mothers. On-line and off-line survey data from 291 Korean working mothers with more than one pre-school aged child was used for this study. Collected data were analyzed using the PASW 18.0 program and descriptive statistics analyses. Structural equation modeling and bootstrapping were conducted by AMOS 20.0 program. Results showed that ambivalence for children of working mothers having pre-school aged children had no direct influence on future child birth desire. However, their ambivalence had an indirect influence on future child birth desire through multiple-role efficacy and multiple-role efficacy by working mothers had significant effect on child birth desire. In conclusion, the working mothers' multiple-role efficacy had a mediation influence on the relationship between ambivalence for children and desire of child birth. These results were discussed for designing a policy to counter low birth.

• Korean Journal of Childcare and Education
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• v.18 no.6
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• pp.1-19
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• 2022

Objective: The purpose of this study is to confirm the structural relationship among maternal parenting stress, neglectful mediation of smart media and the over use of smart media in preschool children. Methods: Quantitative surveys were conducted to measure maternal parenting stress, smart media neglect mediation, and over use of smart media in preschool children. In addition, the mediating effect of maternal neglectful smart media mediation in maternal parenting stress and preschool children's over use of smart media was verified using the Amos 23.0 and SPSS 26.0 programs Results: Maternal parenting stress and mother's neglectful mediation of smart media had a direct effect on preschool children's over use of smart media. In addition, mother's neglectful mediation of smart media mediated the influence of the mother's parenting stress on preschooler children's over use of smart media. Conclusion/Implications: These findings emphasize the important role of maternal stress in preschool children's over use of smart media. And maternal competence such as supervision and limit setting is an important role in preschool children's use of smart media, so it is necessary to develop a practical and diverse parenting education program in order to reduce.

• Journal of Arbitration Studies
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• v.30 no.1
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• pp.185-198
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• 2020

In the event of a medical conflict in South Korea, civil lawsuits can be very complicated, time-consuming, and costly. Under the Medical Conflict Conciliation Act, the mediation system has expanded its function to coordinate disputes between individuals and medical institutions in a more efficient manner prior to litigation. Currently, conflict mediation organizations and legal systems are established in each sector, and the Healthcare Dispute Settlement Commission will also play an important role in the public sector. In this study, the characteristics of the evaluation system of the Korea Institute of Medical Conflict Arbitration are examined; and, by looking at the case of medical examinations, it is proposed to show the mediation system and the manner and role of the examinations. Medical expertise is a very important area of the qualitative standards and expertise of participants because the participants must play a role in medical consultation and appraisal in connection with medical experts.

• Management & Information Systems Review
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• v.24
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• pp.97-124
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• 2008

This study aimed to explore how the involvement of environment influenced eight subjects group. Thus, experiment was performed to clarify the role that the attitude of university student consumer plays in the communication process depending on the level of engagement of consumer in the environment and method to raise donation for preservation of environment. Analyzing as per the type of appeal, the mark in altruistic appeal type was higher in all variables than egoistic appeal type. Finally, checking the average mark of each variable as per the condition of donation, the value in unconditional donation was higher than in all variables than conditional donation. It was found 3 groups composed of 2 groups with high level of environmental engagement and 1 group with low level of environmental engagement were suitable to double mediation model among the 8 experimental groups. The group where double mediation model best corresponds than any other group was high level related to environment and the group that contacts altruistic appeal and the message in the form of conditional donation. It was also found that the group that has low level of environmental engagement and contacts egoistic appeal type and conditional donation shows the group that corresponds to double mediation model in the second place among the 8 groups. Finally, it was found that the group that has high level of environmental engagement and is stimulated by altruistic appeal and unconditional donation corresponds to double mediation model. Depending on the condition of message stimulation, unconditional donation is found to better correspond to double mediation model than conditional donation. However, opposite phenomena is observed when the level of environmental engagement is high and appeal type is egoistic. Namely, it was found that conditional donation better corresponds to double mediation model than unconditional donation.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.157-184
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• 2004

Dispute plays a key role in maintaining the desirable trading performance. There are many problems such as problems of enforcement of arbitral award and the uncertainty of legal system in PRC. Therefore, the Korean trading companies with Chinese companies should be more concerned with mediation. It's because mediation are more likely to be effective than arbitration and litigation to resolve disputes with chinese companies. This article investigates some differences of mediation between ROK and PRC, and suggests the following ways to resolve dispute. First, the Korean companies should utilize the mediation in small claim but arbitration in big claim. Second, Write a contract and insert mediation clause in BCC or the standard arbitration clause in KCAB. Third, the companies should be more concerned with prevention of dispute than dispute resolution. In conclusion, to expand mediation system into an effective dispute resolution system, The Korean Dispute Resolution Center should be established.