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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.

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.

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.

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.

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.

The electronic judicial consists of applications supporting cases handling until the court makes a legal decision. The electronic judicial will not only include case administration but also be able to accommodate bailiff's services. At the beginning of Covid-19 pandemic, many bailiff's tasks had to be delayed due to the implementation of movement restrictions and lockdowns, thus hampering the execution process. The impact is that a buildup of cases cannot be completed. The purpose of this paper is to integrate the bailiff's service into the judicial digitalization services so that transparency and accountability in the electronic judicial can be achieved.

The method used is qualitative, with the data collected through in-depth interviews with bailiffs in court. Then it was analyzed through triangulation technique by doing literature studies, discussions and observations.

This study shows that the bailiff's service needs to be developed and integrated into the electronic judicial in Indonesia, which consists of a case tracking information system, e-court and electronic execution supervision.

This research focuses on bailiff services in Indonesia. The bailiff's assistance in Indonesia must be integrated with applications supporting e-court as electronic judicial in Indonesia. This integration will help solve the case faster in court.

This chapter addresses the issue of arbitration in tourism from the perspective of litigation. International tourism requires two or more legal systems to solve a given problem, which creates great complexity. To diminish this effect, organizations have been encouraged to use arbitration instead of courts, and thus, it is necessary to measure its effect on them. The analysis used the Biplot methodology, a multivariate technique in the context of reduced dimensionality. The results obtained indicated that tourism demand and supply were willing to pay for arbitration, but the latter erroneously considered the former unwilling to pay. This chapter suggests that tourism companies can raise the price of their products to increase their profit.

The purpose of this study is to explore the experiences of those volunteering within a restorative justice service thus enabling an insight into their perceptions of the different methods used, their beliefs about restorative justice effectiveness, and its place within the criminal justice system. The study also sought to identify any challenges and positive experiences the participants encountered during their role as volunteers, with volunteering during the COVID-19 pandemic explored specifically.

Data was collected from the participants (n = 5) via semi-structured interviews and analysed using thematic analysis, thus enabling patterns within the experience of the volunteers to be identified.

A prior understanding and interest in restorative justice was evident within the data, with participants demonstrating a preference for direct, face-to-face mediation. The perceived lack of support from external agencies was discussed along with the role of education in their volunteering experience. Finally, it was acknowledged that although face-to-face practice was deemed the most effective overall, certain practices adopted during COVID-19 enabled aspects of the role to be carried out more efficiently and equally as effectively.

The findings from this study draw out real-world implications, producing tangible action points for restorative justice services. Some tentative suggestions for future practice are outlined.

The volunteers’ role within restorative justice is often overlooked within the literature (Paul and Borton, 2013) and time constraints can add additional barriers to a hard-to-reach population. However, volunteers play a vital role in restorative justice. By exploring and listening to the volunteers’ experience, this study expands an additional strand within the literature in terms of what makes restorative justice effective and the challenges that are faced from a volunteer perspective.

In this paper, the authors examine the strategies used to reduce labour costs in three public hospitals in South Africa, which were effective and why. In the democratic era, after the revelations of large-scale corruption, the authors ask whether their case studies provide lessons for how public service institutions might re-make themselves, under circumstances of austerity.

A comparative qualitative case study approach, collecting data using a combination of interviews with managers, focus group discussions and interviews with shop stewards and staff was used.

Management in two hospitals relied on their financial power, divisions between unions and employees' loyalty. They lacked the insight to manage different actors, and their efforts to outsource services and draw on the Extended Public Works Program failed. They failed to support staff when working beyond their scope of practice, reducing employees' willingness to take on extra responsibilities. In the remaining hospital, while previous management had been removed due to protests by the unions, the new CEO provided stability and union–management relations were collaborative. Her legitimate power enabled unions and management to agree on appropriate cost cutting strategies.

Finding an appropriate balance between the new reality of reduced financial resources and the needs of staff and patients, requires competent unions and management, transparency and trust to develop legitimate power; managing in an authoritarian manner, without legitimate power, reduces organisational capacity. Ensuring a fair and orderly process to replace ineffective management is key, while South Africa grows cohorts of competent managers and builds managerial experience.

Mediation is defined as a process, whether referred and agreed to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or any other expression of such similar import, whereby party or parties, request an independent third person referred to as mediator or mediation service provider to assist them in their attempt to reach a peaceful settlement of a dispute. The peaceful settlement of any dispute to be initiated, processed, guided and moderated in the process of successful mediation before parties, needs mediator to have four major new skills such as witness-awareness, stillness-concentration, empathy-motivation and a pragmatic-sensibility for fulfilling the aims and outcomes of mediation. These four skills are deeply inward and psychological, which can be accessed and empowered by an exercise of deepening experience called spiritual in content and application. However, a crucial interchange of meaning and value that very often come into this situation between spirituality and psychology is an important one to be mentioned here. The two seemingly distant disciplines of experience, one of psychology and another of spirituality lies in the orientation that an individual and a collective give to life and world as a whole. When life and world are accepted in totality, spirituality can be life-affirmative and world-embracing giving us a direction to the individual psychological states of though-emotion-sensation-behaviour complex to embrace and enhance values of inclusion, harmony and development at the collective and universal level. These psychological states, both individual and collective, gradually open the vision and mission of values to live within and outside, to be and to become, and finally manifest a future world of stability, order, richness and growing perfection by solving challenges that come to our existence. It makes life both spiritual and earthly. This chapter demonstrates that this kind of spiritual meaning, value and experience entering into and operating through psychological capacities give mediator four major new skills for easing the process and purpose of mediation exercise. One, an objective awareness to witness the proceedings of the mediation calmly within the conscious cognition and without having any bias and fixed beliefs towards any issues of the parties. Two, a stillness with sensory concentration to avoid unnecessary reactions or agitations that human nature is prone to in taking sides on issues or become lop-sided in approach and consequently affecting mediation's outcome of peaceful settlement. Three, an empathy that animates and motivates parties to look for win-win situation for both as against the adversarial method currently present in the legal system where one party loses and another party gains grounds, which results in bitterness in parties' relationships, rights and obligations. Four, a pragmatic sensibility or practical responsibility by which costs or damages or injuries of all kinds such as social, economic, profit-loss ratio, psychological or organizational stress etc., can be pre-calculated, meaningfully distributed and harmonized between parties by the mediator. With millions of pending legal cases in the existing system of the courts of law that are supposedly designed to provide access to justice and, unfortunately have become fragile as a result of severe shortage of resources of all kinds to deal with sheer quantity and intricate complexity of issues in the disputes, applied spirituality in mediation can pave way for easy, flexible, quick, cost-effective and satisfactory justice to both sides of the parties when these four major new skills are developed through application of spiritual experience and experiments in the whole process of mediation. The author explains in this article the method of acquiring these four major new skills in experiential form in any mediation scenario and the rationale for infusing applied spirituality in mediation. Author also discusses the Indian situation of mediation in the light of new developments sought for enhancing the alternative dispute resolution. At the end, this chapter demonstrates the bigger picture that represent the need of spirituality using these four major new skills while mediating challenges of sustainable development. It will be shown in the end how spirituality, sustainability and mediation for settlements of disputes of sustainable development have something common, core and collective. This is the premise based on which the relationship between applied spirituality and mediation in overcoming the challenges of sustainability are expressed with the help of intuitive, inspirational, integrative and intelligent actions for a sustaining our future age, new humanity and harmonious space.

In the last 10 years, India has amended its laws dealing with sexual offences against women with the changes ranging from increasing terms of imprisonment for the offence of rape to state-funded compensation schemes for women and child victims. In this regard, challenges persist for the agencies of the criminal justice system in India especially the courts to realise the vision of restorative justice as these forums have to navigate the relevant statutory provisions and binding precedents. This chapter seeks to analyse the challenges faced by courts in proper reintegration of victims and offenders of sexual offences, the institutional responses of the courts and suggests reforms to the criminal justice system in India in consonance with the principles of restorative justice acknowledged in the restorative justice movement in the international discourse.

With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of the Urban Agenda, the present study aims to analyse the most stringent and controversial measures available for the community of owners facing delinquency from a comparative perspective.

The present work addresses the recent legislative amendments that have taken place at national level in this field in several countries and analyses to what extent they have addressed the delinquency problem faced by community of owners.

The current paper shows that, in the end, legal certainty, the prospective legal and economic effects on mortgage lending and constitutional concerns are the underlying reasons behind the reluctance to implement some stringent measures to face delinquency. It also shows that recent amendments concerning alternative dispute resolution mechanisms are a missed opportunity.

Community of owners plays a key role in cities for the achievement of the Urban Agenda, so the periodical contributions from co-owners are paramount to the proper implementation of urban regeneration, energy efficiency and accessibility policies. To this end, the paper analyses existing regulations that are applicable to community of owners facing delinquency, which may increase in the coming years due to the current socioeconomic context.

This paper builds on existing research and goes one step further by addressing the recent legislative amendments that have taken place recently at national level in this field. These measures may serve as an inspiration to other EU legal systems.

Drawing on expectancy violation theory, this study aims to assess the impact of corporate environmental irresponsibility (CEI) on workplace deviant behaviors (WDB) of Generation Z and Millennials through the mediation of moral outrage.

The data were collected from 328 nonmanagerial employees working in the refinery, petroleum and power distribution companies who have been convicted for committing environmental irresponsibility by a court of law. Multigroup analysis (MGA) was used to estimate the hypothesized relationships.

Results revealed that CEI affects WDBs positively. Moreover, the MGA results demonstrated that the deviant behavior of Generation Z in response to environmental irresponsibility is higher than of the Millennials.

Theoretically, the findings implicate that harming the environment will cost organizational performance through deviant behaviors.

This study provides a new lens for the executive management that eliminating social irresponsibility is more important than incurring sustainability initiatives, especially from the new generation’s perspective.

The originality of this study is that it confirmed the impact of CEI on employees’ deviant behaviors; and extended the scope of expectancy violation theory to the field of human resources.

This paper aims to determine whether a connection can be formed between corruption, plea-bargaining and civil alternative dispute resolution.

Academic articles and textbooks are examined as are relevant reports by various academic institutions.

Despite the similarities between plea-bargaining and civil alternative dispute resolution, the differences between the two overwhelmingly supersede their similarities. As such, there is unlikely to be an interplay between corruption, criminal plea-bargaining and civil alternative dispute resolution.

There are limited data available in relation to the prevalence of corruption activities by Chinese officials within the Belt and Road Initiative. Any discussions within this study is based on the impressionistic observations of the author, which may not reflect the true state of affairs in China.

Those who are interested in examining the relationship between the criminal plea-bargaining and civil alternative dispute resolution will have an interest in this topic.

The value of the paper is to demonstrate the difficulties in cross-fertilizing criminal law procedures with civil dispute resolution.