جستجوی مقالات مرتبط با کلیدواژه « mediation » در نشریات گروه « علوم انسانی »

The presence of civil societies in criminal proceedings is taken into consideration in the contemporary legal systems. Civil societies and people participation have been accepted in the criminal law of Iran. In this regard, the rules have been established for the participation of non-governmental organizations (NGO), mediator and juries in criminal proceeding, but it's not effective in practice. This article with descriptive-analytical methodology deals with executive and legislative problems in this field and follows that increasing involvement of the government in the political, economic, social and cultural structure of society and political and economic affiliation of non-governmental organization that prevents people from trusting them. On the other hand, the legal restriction in the establishment of NGO, the formalization of the jury and the borrowed power of judges in choosing the mediator make their effective participation difficult.

In recent decades, the International Union of Consulting Engineers (known as "FIDIC") has tried to resolve disputes amicably before referring them to management arbitration by predicting different dispute resolution methods in standard contracts. FIDIC international construction sample contracts, since they have parties with different nationalities, should always be managed effectively so as not to be distrusted by foreign employers and contractors. Therefore, in such contracts, multi-layered dispute resolution and a combination of alternative methods of longitudinal dispute resolution are foreseen. In this research, which was compiled using descriptive and analytical method and citing reliable foreign and domestic sources, the findings of the discussion showed that since 1999, Fidic replaced the dispute resolution role of "Consulting Engineer" with "Dispute Resolution Board" (Sometimes "Dispute Avoidance Board") taking into account the type, quality and economic price of construction projects, as well as the agreement of the parties to the contracts, has tried to provide different and multi-layered models, firstly: to prevent disputes (preventive role) and secondly: disputes manage it in the development stage with special arrangements.

Considering the important position of the family, on the one hand, the criminal law system is committed to protect the family and strengthen it, and on the other hand, the family has a capacity that can be used in line with the goals of the criminal law system. Examining the reflections of family-centeredness in dealing with juvenile delinquents indicates the protective role of criminal law towards the family as well as the capacities of the family in realizing the goals of criminal law. The family-centered approach involves the participation of the family in dealing with juvenile delinquency in all stages of criminal proceedings, both before and during the trial, as well as carrying out educational measures in such a way that at each stage, the capacity of the family institution can be used in the best way to ensure security and the growth of children. The criminal laws of Iran and Algeria, in the field of dealing with juvenile delinquency, have put attention to the family on their agenda. In the criminal laws of the two countries of Iran and Algeria, attracting participation of the family in the investigation process can be seen in the filing a character file, the implementation of the principle of the appropriateness of the prosecution, including the filing of the case and the suspension of the prosecution and mediation, criminal provision orders and also in the appointment of a lawyer. The present article, with a descriptive and analytical method, has analyzed the reflections of family-centeredness in dealing with juvenile delinquency in the laws of Iran and Algeria.

Language, as the most important social institution, is a very complex and extensive system that follows certain designs and patterns in order to be able to create communication by combining phonemes and creating larger language units in the axis of chain or association. It makes it possible among the speakers. One of the most important patterns governing the combination of phonemes is the presence of mediating phonemes when combining morphemes with each other. Considering the fact that when morphemes are combined, certain intermediate phonemes appear in different positions, the question is raised, what is the reason for the presence of intermediates in this position? And why are different consonant phonemes used as mediators in different places? And what is the origin of the diversity of mediating phonemes? The present essay seeks to investigate this category in a descriptive and analytical method with a linguistic and historical approach. The obtained results show that there are ten intermediate phonemes in the Persian language, some of which are considered dead and uncommon, some of them were common during the growth and development of the Persian language, and some of them are rooted in colloquial language: the reason for the presence of mediators should be found in the rule of vowel conjugation and the diversity of the use of mediator consonants in the process of lateral erosion in the past, and the need to revive the deleted phoneme due to vowel conjugation.

In August 2021, Afghanistan faced a political crisis as it fell under Taliban control. One of the key factors contributing to this crisis is the lack of recognition for the Taliban government as the Islamic Emirate, which has significant implications at the domestic, regional, and international levels. Given its proximity to Afghanistan, Iran has been significantly impacted by the developments in the region. Consequently, Iran has focused its foreign policy on constructive participation to help resolve the crisis. The current situation in Afghanistan presents a new crisis, raising the question of what role can Iran play in managing the political crisis under the Taliban's rule? However, Iran's traditional influence on social and political groups opposing the Taliban, coupled with its active participation in regional and international organizations, could form the basis for its mediation efforts to facilitate a dialogue between conflicting parties. Through a descriptive/analytical-qualitative approach and data gathered from library and internet sources, this study sought to examine the plausibility of this hypothesis. The research results suggest that the Taliban recognizes the need to resolve the crisis through political means to maintain its political life and fulfill international obligations. As such, the group welcomes any actions that move towards this goal. Iran is also taking constructive measures to manage the crisis and align its foreign policy agenda accordingly.

The main purpose of this study is to identify parenting mediation experiences in the relationship between their children and cyberspace, and therefore the main question of the study is what strategies do parents use to mediate and regulate their children's use of the Internet? To answer these study questions, "mediation" has been used as an approach in media studies. The samples of this study were the parents of children aged 9 to 12 years who were selected by purposive sampling method and the sample size was based on sampling to theoretical saturation. The transcripts of the interviews were thematically analyzed using MaxQUD software after implementation, and the data were presented under three headings: Parents' Attitudes, Parents' Strategies, and Parents' Challenges. The key finding of this study is that each parent uses a wide range of mediation strategies that are directly related to parents' gender, age and perceptions of their children's maturity. Parents' limited awareness of the dangers of cyberspace has led to an increase in proactive mediation among parents. In addition, the digital literacy gap between them and their children causes some of them to adopt a release strategy at a later age, knowing that their children are incapable.

In resolving disputes through mediation, the main role of the mediator is to act as an impartial third party and to create a safe space for open and effective dialogue between the parties in order to resolve disputes. Such a method requires that the content of these conversations remain confidential until the end. The high level of confidentiality gives the disputing parties the assurance that the information exchanged in the mediation process is not misused and cannot be used against any of them later. Because the goal of mediation is the joint development of a win-win solution to resolve a conflict as an alternative to zero-sum litigation, so this method should be accompanied by freedom of expression and securing the basic interests of the parties to the dispute. The only way to accomplish this vital element of the mediation process is to define the process as a completely confidential environment; Where no malicious thoughts or mentality justify the capacity of mediation with personal retaliation or causing damage. In this research, which was compiled using a descriptive and analytical method, the discussion of "confidentiality" in the mediation of international commercial disputes has been studied. The findings of the research show that the Singapore Mediation Convention does not specify "confidentiality" despite the fact that it is a vital element, and considers the implementation of settlement agreements to be enforceable in the member states if they do not contain violations according to Article 5 of the Convention, while in various documents of Its importance has been mentioned

Nowadays, the use of conciliation as one of the alternative dispute resolutions (ADR) is expanding in many parts of the world. The reason is behind the numerous advantages that this procedure has in its essence for solving commercial disputes with high efficiency. Now the questions that are raised are as follows: Are there any rules of conciliation in Iran or not? If the previous question is positive, are these rules effective? And what are the rules of conciliation in the laws and regulations of other legal systems? As a brief answer, it should be noted that in Iran, despite the existence of legal rules such as conciliation in the civil law and mediation in the civil procedure law, still conciliation as a dispute resolution method has not reached maturity and has not found an independent position among other procedure. This article is based on the premise that the rules of conciliation in the current legal system of Iran are significantly different from the rules of conciliation such as the UNCITRAL model law, the rules of the International Chamber of Commerce, the directives of the European Union, the Singapore Convention or even the national law of Singapore; In such a way that currently it cannot be used as an independent and efficient method in commercial contracts.Therefore, while analyzing the current laws in Iran, with a comparative perspective, the author tries to provide a comprehensive vision of effective regulations in conciliation. Although the principle is on confidential proceedings in the conciliation method, exceptions should also be made. According to the directive of the European Union, the principle of confidentiality is maintained and no person, including the mediator, has the right to disclose the resulting documents except: (a) in cases where this is necessary for the essential considerations of public order of the relevant member state, especially when for it is necessary to ensure the protection of the best interests of children or to prevent harm to the physical or mental integrity of a person; or (b) in cases where disclosure of the content of the agreement resulting from the mediation is necessary for the purpose of implementing or enforcing that agreement. The result of this paper revealed that, Another measure that needs to be fully anticipated is the issue of not being able to refer to the documents and evidence presented by the parties in other proceedings, and this issue originates from the main philosophy of compromise; As it was said, sometimes the parties consider compromise as a method of resolving their dispute, when condemning the other party is not their main goal, and in most cases they want to continue their business relationship with him. In principle, in order to obtain the satisfaction of the other party, they may waive some of their indisputable rights, or accept some of the violations of their obligations, or present reasons and documents to their detriment, so that they can show their goodwill to the other party.

The purpose of this research is to investigate the effect of mediation in the realization of re-reintegration shame in union violations under the jurisdiction of the government penal organization. The method of this research is an experimental type with a control group. The sample of the study includes 52 union offenders with high-selling and fraud violations in two groups, the witness and the control group, after completing the investigation or process through a questionnaire that contains 47 items in six dependent variables, namely shame, acceptability and stigmatization, belonging and togetherness. Continuity, criminal associates, adherence to moral values, expectation of shame and pressure analysis were evaluated and measured, and then the data were analyzed using SPSS and Excell software and descriptive statistical tests and one-way multivariate covariance analysis. And then the data were analyzed using SPSS and Excell software and descriptive statistical tests and one-way multivariate covariance analysis.The results of the one-way multivariate covariance analysis showed that there is a significant difference between the average scores of the test group and the control group at the confidence level of 0.95 (p<0.05).

Mediation is one of the important and influential issues in decriminalization, which has always been the subject of attention and discussion. Despite its important role, it has not been examined as it deserves from the point of view of jurisprudence and law. Therefore, the aim of the current research is to compare the role of mediation and its types in the jurisprudence and criminal system of Iran in the direction of deconcentration in the stage of criminal prosecution. This article is theoretical and has investigated the mentioned subject by using descriptive analytical method and library. The findings indicate that in jurisprudence, the concept of mediation, which is common in law, has not been discussed in jurisprudence, and concepts such as intercession, mediation, negotiation, and compromise are most conceptually related to mediation. The use of mediation in Sharia crimes confirms that there are about two types of mediation; Mediation with the plaintiff and mediation with the ruler, the latter type of which is referred to as intercession. Based on this, one can mediate with the plaintiff in all areas related to human rights, such as the theft before complaining to the ruler, and even all punishments related to human rights, so the arguments for the prohibition of intercession in the limits do not include the limits related to human rights. But in Iran's legal system, mediation is only focused on punishable crimes of little importance.

Criminal mediation is one of the innovations of Iran's criminal policy in the field of criminal proceedings, which is based on the idea of restorative justice. This institution was accepted by the Iranian legislator for the first time in Article 82 of the Criminal Procedure Law of 1392 under the criminological teachings of protective victimology. Victimization, compensation for damages and losses, decriminalization and an alternative to the legal system of prosecution are among the reasons for the tendency to use the institution of criminal mediation. The purpose of this article is to describe the methods of mediation in criminal matters and the criticisms of it. This research shows that there are different methods of criminal mediation, which leads to more use of mediation in the criminal process. With a comparative look at the Indonesian judicial system and a descriptive-analytical method based on library studies, the conclusion was reached that among the various methods of this institution, criminal mediation accepted in criminal policy, the type of community mediation along with judicial supervision with an emphasis on The facilitator's role is a mediator, which can be used directly in some cases and indirectly in other cases. Suspension of crimes and agreement between the parties of the case is one of the most important conditions for using this institution in Iran's judicial system. In this regard, to expand and develop the use of this institution, the regulation of mediation in criminal matters was approved by the Board of Ministers on 7/28/2015. With a comparative approach between Iran and Indonesia, it seems like this; Although the approval and acceptance of criminal mediation is a good and desirable thing, but this has not been done properly and the legal requirements, including the certainty and certainty of the decisions taken, are questionable, and even the failure to reach an agreement and refer the parties to the judicial authority in some way It is considered the cause of delaying the proceedings and violating the victim's right. This requires that by clearly explaining the crimes subject to criminal mediation and adopting the rule of "pardonability of crimes" as a criterion for crimes subject to mediation in order to make wider use of the said institution and predict criminal mediation at the stage of execution of the sentence and specify the jurisdiction of the execution judge. Rulings to refer the matter to mediation and explain and describe the responsibility of the mediator in terms of criminal, civil and disciplinary liability in order to raise the position of the mediation institution as a friendly institution in lawsuits and in order to facilitate and speed up the process of justice, the necessary regulations and laws of the current issue be corrected.

The competition between America and China has expanded in various fields in recent years. For this reason, creating a position and political influence to play a greater role and change the balance in favor of each of the competing powers in the regions of the world has become one of the priorities of the two countries. Among the most important of these regions is the Middle East due to its resources, diverse markets and strategic location. This article seeks to explain the policies of America and China towards order in the Middle East. In this regard, the leading article seeks to answer the question of what effect the competition between America and China in the Middle East has had on the equations and order of this region? The hypothesis of the research is that due to the importance of mastering the order in the Middle East, the two countries, America and China, are trying to create their desired order in the Middle East. China seeks to create an endogenous order against the exogenous order desired by the United States in recent years in the Middle East.The current research was written using descriptive-analytical method and in the framework of aggressive realism theory. The tangible result of the new order in the Middle East in the shadow of the competition between China and the United States is that the great powers, especially the United States, have lost their control in this place and no one is trying to impose new governance systems on the countries of the region. They act in their own interests, rather than taking sides to rebalance their international relations.

The aim of the current study was to investigate the mediational role of emotion dysregulation in the association between reflective functioning and social trust.

This study was descriptive-correlational and its statistical population included university students across 20 provinces of Iran. Our sample was composed of 441 university students (291 female, 150 male), who were recruited through convenience sampling. All participants completed a battery of self-report measures, including the Social Trust Questionnaire (Saffarinia & Sharif, 1392), Reflective Functioning Questionnaire (Fonagy et al., 2016), and Difficulties in Emotion Regulation Scale–Short Form (Kaufman et al., 2016). Descriptive analyses were conducted using SPSS v26, and mediation testing was carried out using PROCESS macro v4.1.

Correlation analyses demonstrated significant associations between all variables (p<.001). The total effect of reflective functioning on social trust was significant, as well as the direct effect of reflective functioning on emotion dysregulation, and the direct effect of emotion dysregulation on social trust (p<.001). When emotion dysregulation was entered as a mediator, the direct effect of reflective functioning on social trust did not remain significant (p>.01), while the indirect effect mediated by emotion dysregulation was significant (CI: -.061 to -.192).

Our findings support the role of self-focused reflective functioning in the development of social mistrust. Unawareness of the mental states of oneself leads to intrapersonal and interpersonal dysregulation of emotions. In turn, belief in the untrustworthiness of others may stem from the projection of internal feelings or emotion dysregulation.

One of the foreign policy actions of countries is mediation. In the system of international relations, a country that has the power of mediation shows that it has a strong political weight. One of the characteristics of China's foreign policy is that this country not only has a significant economic weight in the international system, but it has also tried to increase its political weight in various ways. One of these ways is mediation between Iran and Saudi Arabia. This study attempts to examine China's foreign policy objectives in mediating between Iran and Saudi Arabia. The findings show that given the position and power of Iran and Saudi Arabia in the West Asian region, China has tried to mediate the stability and security of the region and ensure its energy security, in addition to demonstrating its political weight and influence in the region. It has gained power in front of the US and also the development of political and economic relations in the Persian Gulf region.

Mediation is one of the remedies of justice that is used in various ways and widely in different countries.

This paper is descriptive-analytic, and the required information is collected by library method.

Different people play a role in mediation, one of which is the police, who as the first crime agent can play a role in mediation between the victim and the peaceful settlement of the dispute. In each of systems of Iran, England and France, different definitions of the police are different, and the duties and powers of the police vary from one to the other. The purpose of this study is to determine the role of the police as mediator in the trials of Iran, England and France, as well as the scope and scope of these authorities to conduct their mediation in criminal proceedings (crime detection, prosecution, investigation, sentencing and execution). The research findings indicate that in any legal system, mediation between the parties can be resolved under the circumstances of the police.

In Iran, the police have mediation at all stages of the criminal procedure (in addition to the crime detection stage) and, if referrals to the judicial authority. Also, in some cases, police carry out mediation through community counseling and counseling units established at police stations and police stations over the past years. In the United Kingdom, according to the 1998 Crime and Disorder Act, the police only mediate in the stages of discovery, prosecution and investigation of crimes and, in other crimes, may refer the case to mediation agencies. In France, according to Article 41 (1) of the Criminal Procedure Code, police mediation is only possible at the prosecution stage, and if the prosecutor considers expeditious referral to mediation, he can personally or through a judicial police officer mediate.

Mediation and conciliation, as one of the oldest dispute resolution methods, have never found a similar place compared with arbitration or litigation. The numerous advantages of this method for both the disputing parties and the judicial system have led to special emphasis on this dispute resolution method in the Judicial Evolution Document and also have resulted in the signing of the Singapore Convention by Iran as an international mechanism for the enforcement of the settlement agreements. The recent approaches show the desire of Iranian legislators to develop conciliation over other dispute-resolution methods. But considering the current lack of executive support for most settlement agreements, the aforementioned goal is hard. The most important reason for the reluctance of individuals and businesses to mediate is the lack of enforceability for the settlement agreements as a dispute-resolution document resulting from the mediation process. The use of mediation has no logical or legal justification, because due to the lack of enforceability of the settlement agreements, the parties must refer to the competent judicial authority for the enforcement of the settlement agreements, and it is more logical that instead of spending money and time in mediation, they firstly refer to the aforementioned judicial authority to resolve their dispute.This comparative study based on an analytical-descriptive method tries to examine the current status of executive support of settlement agreements, as the most important factor in the development of mediation.The question of the research is whether the executive support of the result of the mediation process is necessary, and if the answer is positive, what approach should be adopted by domestic and international regulations to achieve the goal? This article hypothesizes that the use of the legal system from the benefits of mediation depends on the executive support of the settlement agreements, the accession to the Singapore Convention from the international point of view, and the application of the provisions of the UNCITRAL Model Law 2018 from the domestic point of view. Finally, the article concludes that executive support of the settlement agreements is the most important reason for the success of the mediation and the benefit of this old method of dispute resolution in the commercial activists and the judicial system of any country. In the international arena, with the approval of the Singapore Convention, an effective step has been taken to eliminate the aforementioned weakness and develop mediation. In Iranian law, there is a positive attitude towards mediation, and this issue is evident in the signing of the Singapore Convention, but unfortunately, the regulations of the Iranian legal system have given very limited executive support to the settlement agreements. Due to the lack of sufficient enforceability for domestic and international settlement agreements in Iranian Law (except in special cases), the Iranian Legislator should enact a special statute inspired by the UNCITRAL Model Law 2018 to support the domestic settlement agreements and complete the process acceding to the Singapore Convention as soon as possible to enforce international settlement Agreements.

One of the criteria by which states in the current international system can be classified is the amount of power they actually enjoy or are often thought to have. Based on this criterion, states are divided into big powers, middle powers and small states. Great powers are states that define global interests and responsibilities for themselves, they mainly play a leading role in international organizations, they act unilaterally in the first place, and in case of failure, they act in cooperation with other counterparts, an unequal/one-sided relationship. They establish relations with other states, including middle powers and small states, and in addition, in a socio-historical context, their status as a great power has been recognized by other members of the international community. The middle powers neither have the capacity nor the desire to become a great power, nor are they weak enough to be caught in the abyss of absolute action. Instead, their ability in the international arena is average, by not challenging the existing international system and its great powers, they advance their foreign policy based on domestic prosperity and survival in the international arena, and by creating norms of peaceful behavior. and encouraging the settlement of disputes through international law and international institutions, instead of resorting to force, they try to introduce themselves as a country that seeks to stabilize the world order. Small states, meanwhile, have some distinctive features: for example, they have to adopt one of two approaches towards international developments not least international conflicts: diplomatic Isolationism or diplomatic activism. Thus, the limitation of internal power resources as well as foreign power relations makes the small state to adopt a cooperative approach, which, as a result, makes mediation the Centre of its diplomatic efforts. However, in today's era, small states are not like in the past that cannot compensate for their vulnerability because they have increasingly become important and influential actors in international politics. Although the scale of their operations is significantly different from that of larger states, they are not ignored even in the current world of unequal power relations, so that their diplomatic activities and influence on international politics may exceed their actual capabilities. The Sultanate of Oman is a clear example of a small state that has become an influential state, at least at the regional level, by adopting a policy of mediation in its foreign policy. Since the reign of Sultan Qaboos bin Saeed (1970-1920) and even following his death, this state has adopted a distinct foreign policy based on mediation. On this basis, the question of the present study is why mediation has played a pivotal role in Oman's foreign policy in the face of regional developments in West Asia during the reign of Sultan Qaboos. In answering to this question, drawing on the conceptual framework of the small state Diplomacy, and Using the integrated method of quantitative-qualitative content analysis, it is argued that the limitations of Oman's power as a small state have made Oman willing to mediate in foreign policy in the face of regional developments in West Asia. The findings of the study indicate that the opportunities of Oman's foreign policy for the Islamic Republic of Iran far more than its challenges, so that this sultanate can reduce the current regional and international pressures and moderate the behavior of enemies and rivals of the country. In this article, it was shown how Mbanjigari has been able to promote a small state like Oman as a respectable actor in the international and regional arena. In this regard, by turning to a functional explanation, it was argued that the centrality of mediation in diplomatic efforts, with its "branding/highlighting function", was caused by Oman's cooperative approach towards regional and international actors and issues; And Oman's cooperative approach, with its "function of ensuring survival", has arisen from the limitations of Oman's power and has caused this government to adopt a cooperative approach in order to compensate for the damage caused by it, and as a result, mediation is the focus of its efforts. Having said that, Oman as a small state has always acted as an adopted child of great powers. In continuation of this tension-free approach with great powers, Oman has tried to use communication mediation to highlight itself.

Why and how can Oman become a mediator in the Middle East and international level is assessed in this article. What mechanisms and tools have been applied by this country? The theoretical framework applied in this article is based on the contribution of mediation in international relations. The emphasizes here is on the trustworthiness and neutral role of mediators, specifically a small state with a non-threatening role. Such countries have acquired prestige at international level. The role of the former leader, King Ghaboos, and adopting neutral policy, pragmatic foreign policy, and stable economy are the major contributive factors in making Oman to act as a mediator between Israel and Palestine, Iran and Saudi Arabia and the nuclear energy issue of Iran and the West. The findings here reveal that Oman with her modest oil revenues, as a prestigious mediator guided by his Majesty King Ghaboos has offered short-term solutions through a traditional manner.

Appealing to the righteous and saint guys is one of the deep-rooted issues of belief in Islamic culture, but Ibn Taymiyyah and his followers have doubted on it. Rashid Reza is one of those who criticized this issue, considering the mediation between man and the creator in any way to be contrary to monotheism. Therefore, he rejected appealing to saints many times in his famous book, Tafsir al-Manar. In order to prove his point of view, he mentioned the following: Supplication and appealing to the saints is against to purity in worshiping, monotheism and so on. The present essay with a critical method and relying on verses and traditions has criticized the content of Rashid Reza's arguments. The result is that, contrary to his idea, mediation does not conflict with purity in worshiping; because the intercession to the righteous is not their worshiping at all; because worship is submission to the one whom the worshiper considers to be God. The Holy Qur'an in several verses proves the occult dominion of special people. So, if we reject the supernatural power of Saints, we must also reject these Quranic verses as well.