走向冲突解决的四层模式

• 영문명: TOWARDS A FOUR-TIERED MODEL OF CONFLICT RESOLUTION
• 발행기관: 원광대학교 법학연구소
• 간행물 정보: 『원광법학』제37권 제4호, 207~259쪽, 전체 53쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2021.12.31

영문 초록

This paper aims to lay down the foundations upon which stands an unprecedented and unparalleled four-tiered model of conflict resolution, which is bound to be a seismic shift in the remit of mediation. The foregoing model of conflict resolution rests upon four pillars. The first pillar has been coined the social dynamics of conflict resolution. The second pillar has been dubbed the cultural dynamics of conflict resolution. The third pillar has been baptized the legal dynamics of conflict resolution. Finally, the fourth pillar has been called the cross-border and cross-cultural dynamics of conflict resolution. The overriding goal of this paper is to carve out a functional conflict resolution framework amenable to assuage the yawning chasm between law and the underlying social reality of/in a given jurisdiction. To cater to that, this paper endeavours to cast a new light on the polymath Professor Niklas Luhmann´s ground-breaking academic work with a view to support my central claim that social sub-systems (ranging from culture, society, religion, political ideology, economy, philosophy, and law) have permanently interacted with each other throughout the vast swathes of history (and) for a long-winded time. Following on the heels of such assertion, the sweeping objective underpinning this paper is to set forth a full-fledged and comprehensive model of conflict resolution that parses mediation in four perspectives with a view to yield both a sought-after long-term harmony-equilibrium and a wealth procedural maximization across jurisdictions.

목차

1. The importance of the topic 2. The structure of the Essay 3. The novelty of the Essay 4. An overview on the key concepts brought forth in the Essay: from the concept of collective sensemaking to the concept of social sub-systems in permanent interaction 5. (Gaps in the) extant literature regarding the styles of mediation: The influence of philosophy of law and schools of thought in shaping the current styles of mediation 6. To what extent does the four-tiered model of conflict resolution bridges the pinpointed gaps of the foregoing styles of mediation 7. A snapshot on the foundations of adaptive mediation, incorporative mediation and the philosophical foundations of the concept of effective access to justice an extension of the Rule of Law 8. Cross-Border and Cross-Cultural Dynamics of Conflict resolution against the backdrop of China´s “One Belt, One Road: An overview on its foundations 9. How should a four-tiered model of conflict resolution of conflict resolution look like in Macau

키워드

Mediation Four-Tiered Model of Conflict resolution Social Sub-Systems in Permanent Interaction Social Dynamics of Conflict resolution Cultural Dynamics of Conflict resolution Legal Dynamics of Conflict resolution Cross-Border and Cross-Cultural Dynamics of Conflict resolution Long-Term Harmony-Equilibrium Wealth Procedural Maximization