Research Publications

Now showing 1 - 3 of 3

Open Access
A Blend of Arbitration and Mediation: Analysis of the Possibilities and Challenges in Utilising MedArb Practice in Sri Lanka
(Sri Lanka Institute of Information Technology, 2024-12-31) Vithanage, P
The ADR landscape is evolving at a rapid level across the world and one of the latest trends in such is transferring dispute resolution into Arb-Med-Arb and Med-Arb. Arbitration and Mediation are recognised as two favourable dispute resolution methods, especially in commercial dispute resolution. When considered in isolation, both mediation and arbitration have unique features. Despite a few substantive and procedural drawbacks in both methods, mediation, and arbitration have gained popularity recently. While transferring into a mixed approach of MedArb and Arb-Med-Arb is still in its infancy in the context of Sri Lanka, this paper examines the possibility of utilising MedArb practice within the existing landscape in the country. Arbitration practice in Sri Lanka has a long history and the Arbitration Act No. 11 of 1995 and its amendments suggested which are to be in force in the future lays the statutory framework for arbitration. Notably, the background for Mediation in Sri Lanka started with community mediation and now it has reached a significant milestone in commercial mediation as the enabling legislation for the Singapore Convention was enacted recently. This paper uses a doctrinal approach in dealing with primary resources as well as secondary resources when conducting the research. This paper uses an exploratory analytical method. It also includes a comparative study that examines the MedArb practice in Hong Kong as a progressive Common law jurisdiction. In its findings, the paper highlights that the MedArb practice is adaptable in Sri Lanka within the existing statutory framework and the institutional setup. However, it urges that the professionals and the commercial community pay attention to the points discussed in the recommendations for the successful functioning of the MedArb practice.
Embargo
Mediation and the Myth of Enforceability
(Faculty of Humanities and Sciences, SLIIT, 2022-09-15) Gunathilaka, W.A.S.W; Jayamaha, S
Mediation is a trending alternative dispute resolution mechanism despite some of its alleged shortcomings. One such is that the mediated outcome lacks enforceability, which is not the case in real life. Whereas various jurisdictions have expressly dealt with this alleged issue, in the absence of any explicit provision for the same, a mediation settlement agreement could also be enforced in a Court of law, by treating it as a regular contract. The presence of the highest form of autonomy in the mediation process makes its settlement agreement qualified at the outset to be considered as a contract. More pertinently, offer; acceptance; consideration; intention to create a legally binding relationship; legality and capacity as fundamental requisites of a legally enforceable contract is often seen to be present in a mediation settlement agreement, thus allowing it to be enforceable as a contract between the parties who have freely entered into such agreement to settle their dispute. It is therefore accurate to conclude that the unenforceability of a mediated outcome is a myth even where there is no specific provision to that effect.
Embargo
The Relationship between Individuals’ Social Networks and Satisfaction with Life: The Mediating Role of Loneliness
(Faculty of Humanities and Sciences - SLIIT, 2021-03-26) Perera, P.L.; Perera, H.K.
Humans are social beings, pre-programmed to form connections even before birth. Every individual has a set of connections with a group of people, through whom the need to socially connect with others is satisfied. A failure to satisfy these needs can have detrimental effects on an individual. Commonly known phenomena such as social isolation can be perceived as feelings of loneliness in the absence of adequate social connections. Despite the understanding that loneliness is typically prevalent in the elderly population, recent surveys show that young adults are lonelier than any other age group despite having the highest amount of social connections. Yet a limited number of research has been conducted to date on loneliness among young adults. Therefore, this study aimed to investigate whether loneliness was influenced by social network characteristics, and, in turn, could predict satisfaction with life (SWL). Data was collected using a survey disseminated among young adults aged 19- 24. Using a sample of 194 participants, results revealed that the relationships between two out of four structural characteristics (average closeness and frequency of interaction) and SWL were significantly mediated by loneliness, while the other two (network size and network density) were not. The relationship between the functional network characteristic of perceived social support and SWL was also significantly mediated by loneliness. The paper concludes with a brief discussion of the limitations and implications of these findings.

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