Mediation and the Best Interests of the Child from the Child Law Perspective

What is the best interests of the child in family mediation and is mediation in the best interests of the child? In this article, I use child law and the United Nations Convention on the Rights of the Child combined with mediation theory to discuss these questions. Both mediation and the best interests of the child are open for multiple interpretations. Using facilitative and evaluative mediation theory and the legal concept ‘the best interests of the child’, I explore and compare the understandings of these concepts as they apply to family mediation. This includes a discussion of the advantages and disadvantages of facilitative as well as evaluative mediation orientations in terms of protecting the best interests of the child. Finnish court-connected family mediation is a combination of both mediation orientations, and the mediator is obliged to secure the best interests of the child. From a theoretical point of view, this seems to be a challenging combination.Peer reviewe

The Argumentative Mediator

In this paper we introduce a negotiation mediator in a multiagent context. When negotiation fails, a mediator can interact with the parties, find out about their goals, ontologies, and arguments for and against negotiation outcome, and suggest solutions based on previous experience. An algorithmic schema to be instantiated with particular argumentation, semantic alignment and case-base reasoning techniques is presented. The proposal is neutral with respect to which particular technique is selected. An example illustrates the approach that is framed in the existing body of literature on argumentation and mediation.This research has been supported by Generalitat de Catalunya project 2014 SGR 118.Peer Reviewe

The impact of flood action groups on the uptake of flood management measures

Household flood management measures can significantly reduce the risk from flooding. Understanding the factors that influence the uptake of measures has important implications for the design of measures to induce people to take charge of risk mitigation. We investigate the impact of flood action groups in communities in Scotland on the uptake of four measures: insurance, flood warnings, sandbags and floodgates applying regression analysis using a cross-sectional survey (n = 124). The groups were formed in response to the threat from flooding in those communities, and offer information and training on household flood management measures. We use the theoretical framework of Protection Motivation Theory, and compare uptake of the measures before and after the foundation of the flood action groups, as well as in the near future. The models show positive adoption effects for flood warnings, floodgates and to an extent for insurance, and a positive correlation with increased confidence of implementing and belief in the effectiveness of the measures. The effect is significant if specific information on the measures was provided, indicating the importance of tailored content. We conclude that appropriately designed flood action groups can be a cost-effective way of increasing the uptake of household flood management measures