Tag Archives: Mediation

External Non-Adjudicatory Mechanisms and Trade Disputes Settlement in Nigerian Oil and Gas Industry (2005-2018) (Published)

This study investigated the efficiency of external non-adjudicatory mechanisms (mediation, conciliation and arbitration) setting trade disputes in oil and gas industry in Nigeria from 2005 to 2018. The study was guided by three research objectives. In order to achieve these objectives, the study adopted the survey research design that involved a combination of in-depth interview and interpretation of existing data from the records of The Ministry of Labour and Employment. The population universe were NUPENG and PENGASSAN officials, but the sample was drawn from the officials of five selected oil and gas companies in Nigeria using purposive sampling technique. Fourteen (14) officials were drawn from NUPENG and sixteen (16) officials were drawn from PENGASSAN for the purpose of the interview. Content analysis was adopted in analyzing the responses to the interview questions, while tables, frequencies and percentages were used to analyze data from the records of The Ministry of Labour and Employment. It was found that Mediation was efficient in settling trade dispute in the oil and gas industry but it experienced low usage (10.94%); conciliation enjoyed the highest usage (57.81%), but was not very efficient; and industrial arbitration panel has not been efficient in settling disputes referred to it. Thus, the study concluded that the overall performance of these non-adjudicatory mechanisms in settling trade dispute in the oil and gas industry has not met the expectation of the stake-holders in terms of efficiency. Therefore, it was recommended that mediation should be adopted more frequently in settling trade dispute; the statutory period for conciliation and arbitration should be extended.

Keywords: Arbitration, Mediation, Settlement, Trade Dispute, conciliation, oil and ga industry

Mediation in Electronic Dispute (Published)

Accelerated spread of trade and electronic trade in particular paves the way to growth of disputes rates arises thereof; consequently, looking for new ways to settle such disputes electronically becomes a must. These ways should conform to nature of such processes in term of speed and execution using the Internet. Hence, the electronic mediation emerged as an alternative for settling disputes between individuals, and it is characterized with easiness, confidentiality, low costs and quickness.

Keywords: Criteria, Electronic Disputes, Mediation

Emotional Intelligence and Industrial Conflict Resolution Mechanisms in Imo State Public Sector: An Empirical Approach (Published)

The focus of this paper is on Emotional Intelligence and Industrial Conflict Resolution Mechanisms in the Imo State Public Sector. The study used survey approach and covered a population of 305 senior staff of eight selected public sector organizations in Imo State. In determining the sample size, the researchers used purposive sampling technique to select 221 members of staff, however, only 198 copies of the survey tool was accurately filled and returned which yielded 89.59% return rate. The data used was generated from both primary and secondary sources but a five point likert scale survey tool titled Emotional Intelligence and Industrial Conflict Resolution Mechanisms Questionnaire (EI&ICRMQ) was the major instrument for data collection. The statistical tool used for data analysis is the one-way ANOVA test using the 23.0 version of SPSS. The study found that variations in the results obtained showed that emotional intelligence effect on negotiation is more significant as it posted the least output (0.000). This is closely followed by mediation that posted an output of (0.006). The result however showed that in arbitration, emotional intelligence plays little or no role as it posted an output (0.075) that is higher than the level of significance (0.05). The study concluded that emotional intelligence is key to conflict resolution especially when the conflicting parties opt for negotiation as a mechanism. Sequel to the findings and conclusion above, the study recommended that to enhance management-labour relations, conflicting parties should ensure that only representatives with high emotional intelligence quotient are sent when adopting negotiation as a conflict resolution mechanism. Training representatives of conflicting parties to imbibe and exhibit emotional intelligence can enhance the success rate of mediation as a conflict resolution mechanism and that conflicting parties adopting arbitration as a conflict resolution mechanism should focus on gathering needful data for evidence and avoid being emotionally sentimental

Keywords: Arbitration, Conflict, Emotional Intelligence, Mediation, Negotiation.

Teaching Materials: Three-Party Role Play Simulation on Brazilian Social Mediation Case (Published)

This paper presents new teaching materials on conflict management regarding to mediation subject involving gender, stereotypical and generation conflicts through the development of three-party role play simulation plus detailed instructions and teaching notes regarding a youngster involved with traffic dealers in a slum at Rio de Janeiro as scenario. The case was designed to develop and encourage the dissemination of Mediation skills among students, through a simulation in which environment is traditionally dominated by drug dealers and militians, in Brazil and the challenges faced. Different types of Mediators are also employed, such as facilitating, formulating and manipulating mediators. The role play simulation is designed to: (a) to provide teachers with educational tools and new insights about how to address solutions to gender, stereotypical, social and generational conflicts (b) enhance students’ skills on mediation, conflict management and consensus building and (c) provoke debates in classroom regarding to changes in the Brazilian urban conflicts.  

Keywords: Consensus Building, Mediation, Social Conflicts

Mediation in Electronic Dispute (Published)

Accelerated spread of trade and electronic trade in particular paves the way to growth of disputes rates arises thereof; consequently, looking for new ways to settle such disputes electronically becomes a must. These ways should conform to nature of such processes in term of speed and execution using the Internet. Hence, the electronic mediation emerged as an alternative for settling disputes between individuals, and it is characterized with easiness, confidentiality, low costs and quickness.

Keywords: Criteria, Electronic Disputes, Mediation

Critical Review of Adjudication and Mediation Methods of Dispute Resolution In Terms Of Time, Costs, Effectiveness and the Overall Interests of the Parties (Published)

This paper identifies the positive and negative aspects of adjudication and mediation as alternative methods of construction dispute resolution to arbitration and litigation.  Upon examination of relevant literature, judicial findings, and anecdotal evidence, it is evident that adjudication and mediation have proven to be less adversarial and more efficient and cost effective approaches to resolving disputes in the Industry.  With the recent improvements in the adjudication process, these have resulted in reducing the incidence of court hearings, and maintaining a working relationship between contracting parties for present and future project purposes.  This research information will allow parties in dispute situations to understand such aspects, and make an informed decision as to which dispute resolution process may best suit their interests, and the interests of those concerned.

Keywords: Adjudication, Adjudicator, Arbitration, Cash flow, Claim, Construction Act, Contract, Cost, Dispute, Jurisdiction, Litigation, Mediation, Mediator, Natural Justice, Notice, Scheme, Summary Judgement, Time, Without Prejudice

Practical Approaches to English/Arabic Audiovisual Translation (Published)

This article aims to establish the factors that the translator needs to be aware of in audiovisual translation (AVT) and to show when, how and in what context to mediate in this domain. The article is divided into two parts: The first part discusses what AVT is and shows the fundamental difference between two of its main components: voice-overs and subtitles along with similar aspects particularly in voice-over target text to those in simultaneous interpreting. This difference is either overlooked or misunderstood by theorists in the audiovisual field. The second part of the article shows what the translator might do when presented with audiovisual source text (ST) material that has some factual or logical errors which would inevitably reflect badly on the producer/translator of the target text (TT), and who might be blamed for such obvious errors by the target audience, even though it is not a fault of his/hers but rather a flaw of the ST. Finally, it must be noted here that this article is written from the point of view of an academic as well as a practitioner in the field for almost two decades.

Keywords: Arabic Audiovisual Translation, Mediation, Techniques of AVT., Voice-over