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Article
Publication date: 26 September 2023

Nan Cao and Sai On Cheung

Voluntary participation (VP) has been identified as one of the characterizing features of mediation. This study aims to examine the value of VP in construction dispute mediation…

Abstract

Purpose

Voluntary participation (VP) has been identified as one of the characterizing features of mediation. This study aims to examine the value of VP in construction dispute mediation from two perspectives. Firstly, is VP a prerequisite of successful construction mediation. Secondly, does power asymmetry (PA) between the contracting parties marginalize the value of VP in fostering the use of mediation to resolve construction disputes.

Design/methodology/approach

Constructs of VP, PA and prerequisites of successful mediation were first developed. Principal component factor analysis was performed on data collected from the construction dispute resolution community to explore the underlying structure of the constructs. The relationships between the constructs were tested by structural equation modelling.

Findings

VP is found to be an important attribute of successful mediation. PA is also found to be inherent in construction contracting. This study identified three forms of PA: Resource, Information and Expectation. Moreover, this study found no conclusive empirical evidence to support that PA would marginalize the value of VP in fostering an attempt to construction dispute mediation. It is suggested that VP shall remain one of characterizing features of mediation.

Practical implications

The users, mediators and the judiciary should be aware of the importance of VP in mediation, irrespective of the use of mediation is contractual or court-encouraged. Although the presence of PA between the disputing parties, through participating voluntarily and ensuring the mediation process is flexible and fair, the chance of achieving a settlement would be enhanced.

Originality/value

VP has been viewed as one of the fundamentals of mediation. This study empirically supported this design concept. Furthermore, PA in construction contracting can be expressed as disparities in resource, information and expectation. Their existence presents no significant barrier to attempt of mediation. The flexible approach of mediation has been instrumental in overcoming the paradox between VP and PA. This study affirms the positive value of VP in fostering the use of construction dispute mediation.

Details

Engineering, Construction and Architectural Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 5 February 2024

Yuichi Miyamoto

This paper aims to discuss the significance of teacher authorship (jissen kiroku) developed during jugyo kenkyu. Specifically, it explores the structural conditions of jugyo kenkyu

Abstract

Purpose

This paper aims to discuss the significance of teacher authorship (jissen kiroku) developed during jugyo kenkyu. Specifically, it explores the structural conditions of jugyo kenkyu that enabled the flourishing of jissen kiroku.

Design/methodology/approach

To find how jissen kiroku developed in jugyo kenkyu, this paper settled triad of authors-text-readers as the analytical perspective. Disputes through 1960s–1980s are adequate to inquire because it can elucidate how readers read jissen kiroku, which is typically challenging to observe.

Findings

Jissen kiroku is a powerful tool for semantically preserving, reconstructing and consolidating professional values and knowledge in jugyo kenkyu with deepening connoisseurship. Voluntary educational research associations (VERAs) encourage teachers to write and read jissen kiroku to develop their professionalism, which also helped develop exclusive semantics within the field. These developments were possible due to the public nature of jissen kiroku, disseminated to lesson study (LS) actors, thereby strengthening discussions both inside and outside VERAs.

Research limitations/implications

The paper proposes shift in views on educational science and emphasizes authorship as authority in that professionalism of teaching can be protected and elevated through authoring.

Originality/value

The significant roles of writing practice have not been explored enough. This paper finds the value of authorship in terms of public nature and openness to all teachers which enable the enhancement of professionalism of the LS field.

Details

International Journal for Lesson & Learning Studies, vol. 13 no. 1
Type: Research Article
ISSN: 2046-8253

Keywords

Article
Publication date: 10 July 2023

Hang Wu Tang

This paper aims to adopt a comparative method using case law, statutes and secondary literature across both jurisdictions. This paper also draws on various theories of property…

Abstract

Purpose

This paper aims to adopt a comparative method using case law, statutes and secondary literature across both jurisdictions. This paper also draws on various theories of property ownership.

Design/methodology/approach

This paper conceptualises the legal relations embedded within condominium housing and the various theories of property ownership to ascertain how children’s interest fit within this framework. The laws of two jurisdictions, New South Wales and Singapore, are examined to determine how their strata law responds when children’s safety is at stake.

Findings

Drawing on pluralist moral theories of property law, the thesis advanced is that children’s issues within condominiums should not be subject to majoritarian rule especially when their safety is at stake. The paramount guiding value should be ensuring their safety within multi-owned housing communities. Using the law of two jurisdictions, New South Wales and Singapore, the central argument of this paper is that the law in these jurisdictions has rightfully adopted a protective approach towards children in multi-owned properties where their safety is at stake.

Originality/value

The literature on the law of multi-owned housing has largely focused on governance issues such as mediating between the majority owners’ interest with that of the minority owners’ interest. Children in multi-owned developments remain an under investigated area as children’s interests do not fit within the paradigm of majority versus minority interests. The paper advances the argument that children’s interest should be viewed through either a rights-based theory or pluralists’ theories of property law. Lessons from the New South Wales and Singapore experience are also drawn which might prove useful to other jurisdictions.

Details

Journal of Property, Planning and Environmental Law, vol. 16 no. 1
Type: Research Article
ISSN: 2514-9407

Keywords

Book part
Publication date: 14 December 2023

Isobelle Barrett Meyering

This chapter offers a critical examination of children and young people’s participation in Australia’s official celebrations of the International Year of the Child (IYC) in 1979…

Abstract

This chapter offers a critical examination of children and young people’s participation in Australia’s official celebrations of the International Year of the Child (IYC) in 1979. While the global objectives of IYC strongly reflected ‘protectionist’ or ‘welfarist’ approaches to children’s rights, the chapter shows that, at a local level, the year was also shaped by alternative notions of children’s liberation that had emerged in the preceding decade and a new emphasis on children’s voices by policymakers, advocates and researchers. The chapter explores how these ideas were incorporated at a national level before closely examining three initiatives in New South Wales (NSW), the Australian state where the emphasis on children’s voices was taken furthest. The initiatives examined are: (1) the establishment of a Kids Council to provide input into the state’s response to IYC; (2) the organisation of a Youth Forum for high school students; and (3) the provision of funding for the ‘Speakout’ camp for children in out-of-home ‘care’. None of these initiatives approached the radical forms of democratic participation envisioned by liberationists. Nonetheless, they attest to the wider credence given to ideas of children’s self-determination in this period, well before the formalisation of children’s ‘participation’ rights in the UN Convention on the Rights of the Child (UNCRC, 1989). The selected case studies also provide context to more recent debates over the inclusion of children and young people’s voices in decision-making processes, demonstrating how concerns around tokenism, exclusivity and adult-centricism manifested and were navigated at a time when the concepts of participation and voice remained relatively novel.

Details

Childhood, Youth and Activism: Demands for Rights and Justice from Young People and their Advocates
Type: Book
ISBN: 978-1-80117-469-5

Keywords

Book part
Publication date: 9 June 2023

Joanna Hume

This chapter explores the notion that paying regular, systematic attention to children's voices in unstructured, open-ended contexts, such as that offered by forest school, may…

Abstract

This chapter explores the notion that paying regular, systematic attention to children's voices in unstructured, open-ended contexts, such as that offered by forest school, may support genuine child-centred practice. It suggests ways in which such practices may be developed even within structured institutional contexts, such as mainstream school. It notes the tendency of the outcome focused dominant model of education to silence children's voices and explores alternative child-centred approaches to education (such as Reggio Emilia), drawing upon the author's experiences both as a teacher and facilitator of a child-led forest school programme. It explores both forest school research and pedagogical practice that amplifies children's voices. Ultimately, it suggests that the practical application of forest school approaches could spread respectful listening practices beyond education and into other childhood disciplines.

Details

Establishing Child Centred Practice in a Changing World, Part B
Type: Book
ISBN: 978-1-80455-941-3

Keywords

Book part
Publication date: 13 February 2024

Ian Platt, Claudine McFaul and Michelle Tytherleigh

Parents ‘matter’ to schools for their child’s education and parents ‘matter’ in relation to their child’s wellbeing. Indeed, in his synthesis of over 800 studies, Hattie (2008

Abstract

Parents ‘matter’ to schools for their child’s education and parents ‘matter’ in relation to their child’s wellbeing. Indeed, in his synthesis of over 800 studies, Hattie (2008) equated the benefits of parental engagement with schools as being equivalent to adding two or three further years to their education. The aim of this chapter, therefore, is to look at parents in relation to wellbeing through positive education and, as part of this, the concept of positive psychology parenting too. Drawing on scientific research, the benefits of positive psychology to parents and families, alongside some of the ‘why’ and ‘how’ parents can better engage with schools, will be presented. A Positive Psychology in Practice case study of Bounce Back, a freely available, online introduction to positive psychology designed to give parents and carers an introduction to several different concepts, approaches, and hands-on techniques, based on the principles of positive psychology, will also be provided. This case study will also present Bounce Back as an intervention, giving parents and carers practical advice on how best to use this online resource, as well as information on how to implement some of the wider ideas from positive education at home to help them better understand, and intervene in, their own and their family’s wellbeing.

Details

Positive Education at All Levels: Learning to Flourish
Type: Book
ISBN: 978-1-83753-156-1

Keywords

Article
Publication date: 17 March 2023

William C. Curran and Matt C. Danbrook

Child welfare services (CWSs) globally continue to absorb high rates of children living with or suspected of fetal alcohol spectrum disorder (FASD). Such high prevalence rates…

Abstract

Purpose

Child welfare services (CWSs) globally continue to absorb high rates of children living with or suspected of fetal alcohol spectrum disorder (FASD). Such high prevalence rates render CWS with major ethical and moral dilemmas of meeting complex needs. Currently, many jurisdictions are challenged by diagnostic capacity and cost implications of formal FASD diagnosis. This paper aims to recommend a screening protocol to address management gap between FASD initial presentation and formal diagnosis.

Design/methodology/approach

This is a follow-up paper from a grounded-theory study of a sample (N = 18) of child welfare social workers (CWSWs), allied health professionals and foster parents. A stepwise protocol was developed through systematical interpretation of the final data.

Findings

The application of a five-step screening protocol would greatly support CWSW in meeting the needs of children with suspected FASD. This CWSWs-led assessment model incorporates a clinical evaluation to exclude neurodevelopmental conditions caused by known genetic disorders, followed by behavioral and neurocognitive psychosocial assessments.

Research limitations/implications

This study had several limitations. Firstly, as a specific social work-based sample, it is not necessarily representative of the wider population of social workers globally due to different cultural responses to FASD in CWSs. The transferability of findings will have to be considered due to cultural variations concerning FASD.

Practical implications

By offering a management and nonlabeling approach, this five-step screening protocol offers a delineated pathway for CWSW and addresses the major professional frustrations while seeking to plan safe care for a child suspected of having FASD.

Social implications

The research offers a pragmatic low-cost to society to alleviate the mounting social and monetary implications of FASD. A large percentage of children impacted by prenatal alcohol exposure do not qualify under formal clinical diagnostic guidelines. Leaving these children without intervention is problematic. The recommendation of this study addresses this critical gap in services. The primary aim is to alleviate the burden on this cohort of vulnerable children by offering nonlabeling neurodevelopmental screening.

Originality/value

The direct implications of FASD and how it impacts CWS are well documented. However, few studies focus on the critical interface of FASD and the role of CWSW responsible for planning their safe care. This paper offers a novel pragmatic and functional multistep protocol to aid CWSW in this complex area of practice.

Book part
Publication date: 2 August 2023

Denise Buiten

Filicide, the killing of a child by a parent, is one of the only crimes committed by women and men in roughly equal numbers. Women's violence against their children, however, more…

Abstract

Filicide, the killing of a child by a parent, is one of the only crimes committed by women and men in roughly equal numbers. Women's violence against their children, however, more profoundly confounds common understandings of the links between gender and family violence, leading to its ambivalent treatment within the media. When men kill their children, they are usually characterised as either monsters or as sad, failed men. When women kill their children, they are usually represented as bad mothers or mad mothers suffering under the burdens of the pathological female body. In both cases, a mental illness/distress lens is common, though how it manifests is inflected by gender. This chapter examines recent Australian news representations of maternal filicide-suicide. Focussing on the mental illness/distress frame in news, it examines the ideological work this frame does in decontextualising and de-gendering maternal filicide, framing women's mental illness/distress in ‘psychocentric’ terms that strip it of political or social significance and subjecting it to an individualised lens that obscures the gendered aetiologies of women's use of violence.

Details

The Emerald International Handbook of Feminist Perspectives on Women’s Acts of Violence
Type: Book
ISBN: 978-1-80382-255-6

Keywords

Book part
Publication date: 9 August 2023

Nihaya Jaber

With the increased flow of Syrian Muslim refugees entering new places such as Scotland, attention has been given to Syrians’ adaptation to their new settings. This chapter…

Abstract

With the increased flow of Syrian Muslim refugees entering new places such as Scotland, attention has been given to Syrians’ adaptation to their new settings. This chapter explores refugee parents’ roles in mediating their children’s educational experiences. The study is informed by theory of identity (Hall, 1996), Orientalism (Said, 1978), framing (Bernstein, 2000), and hegemony in curriculum (Apple, 2004). Snowball sampling was used to recruit participants in Glasgow. Semi-structured interviews and vignettes were used to generate data with 12 parents and 12 school-aged children in 12 refugee families. The chapter explores how these families have encountered new aspects of their education, such as different pedagogy and Eurocentric curriculum. By examining the participants’ various ways of dealing with these aspects, the chapter explores educational challenges that did not exist before their displacement, demonstrates the inherent diversity within refugee populations, and conceptualizes their negotiation with new contingencies using Hall’s concept of identity as a relational and contingent process.

Details

Education for Refugees and Forced (Im)Migrants Across Time and Context
Type: Book
ISBN: 978-1-83753-421-0

Keywords

Open Access
Book part
Publication date: 29 September 2023

Siqi Tu

This paper describes the parent–child relationships of upper-middle-class Chinese parents and their adolescent children who were “parachuted” to the United States for private high…

Abstract

This paper describes the parent–child relationships of upper-middle-class Chinese parents and their adolescent children who were “parachuted” to the United States for private high schools. With parents remaining in China and children in the United States, thousands of miles away, such a transnational educational arrangement complicates the already volatile parent–child relationships during the adolescent years. Through ethnographic interviews of 41 students and 33 parents, I demonstrate different forms of child–parent relationships in a transnational education setting: those who found that the further physical and temporal distance has brought the parent–child relationship closer through frequent communications, children who experienced “accelerated growth” yet questioned the necessity, and delicate parent–child relationships due to increasing transnational cross-cultural or intergenerational differences. These types of parent–child relationships are not comprehensive of all the lived experiences of the “parachute generation,” yet they shed new light on transnational education and the unintended emotional dimensions of educational migration. In a transnational context for an economically well-off group, parental absence or separation of children and parents is no longer a clear-cut concept and has different layers of meanings, taking into account the frequency of communication, duration of spring and winter breaks and the existence of third-party agents such as for-profit intermediaries (or educational consultants) and host families. The diverse patterns of parent–child relations reveal the heterogeneity and complexities of “doing family” across geographic spaces and global educational hierarchies, as well as the roles of communication technologies, the tempo of mobilities and educational intermediaries.

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