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

Causes of party conflicts in local politics

This article shows how two forms of party conflict (political dissent and antagonistic behaviour) are related but explained by different factors. It is therefore of utmost importance to distinguish between the two forms of conflicts. Political dissent is mainly explained by the size of demos while social fragmentation, fiscal stress and party contestation increase antagonistic behaviour. The presence of a local protest party inflates both forms of conflict. Surprisingly, party contestation has less impact on conflict levels than earlier studies have suggested. The study builds on data from a unique survey conducted among all councillors in the 290 municipalities in Sweden