Research Publications

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Open Access
The Case for Therapeutic Justice by Integrating the Practice of Private Mediation in Sri Lanka Throughout the Life Cycle of a Case
(Faculty of Humanities and Sciences, SLIIT, 2024-12-04) Gamage, T
The concept of Therapeutic Justice focuses on the law’s impact on the emotional and psychological well-being of the people, thus calls for therapeutic methods of resolving disputes against the negative effects of an adversarial setting. Eleven (11) cases litigated in Sri Lanka during the years 2021 to 2023 form the basis of an interpretive case research in a naturalistic setting that captures the complex emotional and psycho-social impact of the adversarial methods of dispute resolution on the disputants. Despite most such cases having achieved a so-called ‘out of court settlement’ through the collaboration of lawyers, the interactions between the disputants during the post litigation phase reveal persistent lack of confidence and distrust between the disputants as well as lack of therapeutic impact of ‘out of court settlements. Contextualised data was collected through observations and interviews of the participants in the court and from interactions with the lawyers. Using a thematic analysis, patterns emerged from the qualitative date directed towards the negligible therapeutic impact of ‘out of court settlements’ on the disputants and the potential use of private mediation as a therapeutic method of resolving disputes. The findings assume that Therapeutic Justice and mediation closely share attributes such as not only resolving underlying issues in a less-adversarial set-up but more importantly managing emotions, empowering’ litigants to actively participate in rehabilitating relationships, to achieve outcomes that benefit all parties through mediation. The findings highlight the need to adopt and experiment private mediation in Sri Lanka through court referrals throughout the life cycle of a case and of the corresponding need to set up a vibrant mediation culture.
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Driving Innovative Culture with Emotional Intelligence
(IEEE, 2023-06-12) Rizwi, A; Lokuliyana, S
This research aims to examine the relationship between employee innovation and positive and negative contagion within supervising roles. Establishing an innovative culture within the organization and having managers with a high level of Emotional Intelligence are essential. As a result, this enables the study to examine the effects of these factors on employees. The study is evaluated the effects of adopting an innovation culture and working with managers who are emotionally quotient on the performance of the employees. In the corporate sector, innovation takes place under different conditions than in the private sector. Human beings experience emotions daily. An employee survey of 40 items (5-point Likert Scale) is distributed. A total of 200 surveys have been evaluated. The validity and reliability of the data were checked using SPSS, and the results were assessed using regression analysis. It involves constructing a confidence interval based on a single sample and a given level of confidence. The findings indicate that Emotional Intelligence, innovative organizational culture, and employee performance are meaningfully related. In conclusion, organizations must create innovative institution cultures and employ managers that have high levels of Emotional Intelligence to increase their employees' performance using the application of innovation.

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