Independent College Dublin Dissertation

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    MEDIATING FOR THE BEST INTEREST OF THE CHILD
    ( 2019) LORAINE DUBENA
    This dissertation examines how mediation can help to diminish the divorce impacts on children, the main effects and also the benefits and differences between including or not children in divorce mediation. For this purpose, it was analysed the literature about Mediation, Divorce, Children in Divorce, children development and the impacts of a divorce in childhood. This dissertation examines the importance of mediation to reduce the divorce impacts on children, and also the benefits and differences between including or not children in the divorce mediation process. For this purpose, the author has used an inductive research methodology, using a qualitative descriptive-interpretative method for analysing and evaluating the literature about Mediation, Divorce, Children in Divorce, children development and the impacts of a divorce in childhood. The finding of this dissertation is that mediation has, in fact, contributed to better dispute resolutions in divorce for both the children and parents, diminishing the adverse effects for children in all phases of development. Also, it was perceived that even with the regulation of the Mediation process in Ireland still being recent, it has already shown significant improvement for dispute resolutions, and a prominent field for new case-studies about divorced families. This dissertation identified that even having a recent regulation of Mediation in Ireland, Mediation has been used as an important tool to diminish the impacts of the divorce process in courts that, in some cases, do not take in consideration the wishes of the children. Furthermore, this dissertation contributed to the overview of the considerable development potential of Mediation, including children in Ireland, and its range of studies
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    The challenge of a caregiver in Ireland facing a patient with dementia: Negotiating a daily care process
    ( 2019) Renata Aparecida de Assis
    Background: In the past few years dementia has been showing an increasing number of cases. Studies show that the numbers will have a significant increase because the population is in ascend. As a result, the necessity of professionals to work in this area will be very important. However, to work in dementia care is fundamental the professionals have any training because dementia is a disease that affects the brain causing innumerable different behaviors. These behaviors have been a challenge to health professionals who need to deal with patients who do not know what are doing or saying most of the time. Negotiating daily care and using communication are two topics that have importance on training a professional. This study aimed to find out what is the challenge facing by health professionals working for people with dementia and how to approach them and improve daily care. Methods: A literature review of dementia was used to have some primary information about the topic. Followed of qualitative research done through a questionnaire with 16 questions answered by health professionals that have worked or still work in dementia care in Ireland. It was necessary use the computer to have the survey completed. Results: The survey was answered by 100 health professionals working in Ireland. The questions were organized to collect information about how these professionals deal with dementia care. The result showed that most of the professionals are prepared to work in dementia care however that is not a sign that our professionals are totally satisfied and free of health problems such as stress, depression, and frustration doing this job. Many professionals agreed on how it is important communication to deal with patients who have dementia. Negotiate with these patients asks patients, time, knowledge and pleasure working on it. Conclusion: This work showed how communication in dementia care is important followed by a professional well trained. Taking care of people who have dementia is not an easy job however the professionals need also to be assisted in their difficulties to discover the challenges facing by them and have then possible to solve them.
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    Conflict on Social Media Facebook as a neutral platform for company-consumer conflict resolution
    ( 2019) Rafael Dantas Pereira
    Social media, particularly Facebook, has become a favourable environment for online commerce. This tool provides ease of purchase and quick and direct interaction with companies, but there is a hazardous side effect that can be fatal to the smooth running of the relationship between companies and consumers. Complaints on social networks reach a significant number of followers, making the platform a conflictsensitive environment. The purpose of this thesis is to explore whether there are indeed healthy conditions for conflict resolution available in this social media through quantitative research, where we analyse how companies use this tool to increase their portfolio, but how fragile are negative consumer manifestations through their pages. The quantitative evidence indicates as a result that companies have clear gains in marketing, but still need to manage complaints from users who externalize their dissatisfaction without prior filtering of the social network itself, which facilitates a monopoly of reason, since This platform does not have conflict mediation tools, contributing to this digital environment not saw as democratic and neutral by all parties. Thus, this thesis has as its central intuition to understand human behaviour, consumer relations and brand disclosure and how this social media can be used as a failed tool as a customer service mechanism, since there is no absolute level of control for possible dissatisfaction, handling and conflict management in advance.
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    Workplace Conflict Resolution: The use of ADR within a Family Business vs Non Family Business.
    ( 2019) Michele Custodiode Melo Baier
    A review of Family business and Non-family business literature indicates that little to no research has examined family businesses in Ireland in terms of knowledge and use of ADR (AlternativeDisputeResolution) to resolve workplace conflicts.The purpose of this paper is to examine these dynamics through the findings of primary research, there by providing a better understanding about the use of ADR in conflicts that may arise in the workplace within family businesses in Ireland. First of all the paper aims to examine the knowledge about ADR that is known by employers and employees to understand the use of negotiation, conciliation, mediation and arbitration within family business vs non-family business. Secondly the paper aims to understand the types of conflict that occur and how they affect those businesses in the workplace, and lastly the paper aims to measure, how are their experiences with ADR and would those businesses recommend and opt to use ADR for future workplace conflict. There search methodology adopted for this study was that of an email questionnaire, the base of this survey was applied to a sample of 460 employers and employees in Ireland and a total of 108 valid responses were received, which resulted in a valid response rate of 23.48%. The findings of the study identifies that there is little knowledge about ADR as a tool to solve conflicts in the workplace between members of family businesses and non-family businesses, consequently there is a lack of experience with the ADR and on the other hand there is a solid rate of recommendations to use Mediation to resolve future workplace conflict when there is some knowledge from past experience of using it.
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    The Beloved Community: A Study of the Restorative Justice Paradigm
    ( 2019) DANIEL DE SA CAJE DE OLIVEIRA
    Restorative justice has become a worldwide phenomenon in the criminal justice system. Taking into consideration that criminal law seeks to protect fundamental legal assets, also the maintenance of legal peace, the alternative proposals of criminal reaction have shown that they are an attempt to resolve the conflict between the parties involved and the social issues generated by the crime. So, it is crucial to stimulate the development of alternatives to criminal basis and its traditional model of imposing sentences. Thus, restorative programs (such as victim-offender mediation, family conferences, circles and impact panels) are essential because they are ways of healing, assuming that human beings care. So, they are alternative ways to respond to crime that seek to make amends instead of punishment and restitution rather than retribution. Those interventions are being used by police, judges, prisons and probation officers. This paper does a qualitative a case study that aims to demonstrate that restorative justice fulfils its role of empowering participants, interests of people who have been harmed are met and offenders, when appropriate, have the option to make restitution. Also, demonstrates how restorative justice affects the criminal justice system as practices that complement rather than a substitutive way of existing interventions taking the view that one system reinforces another to mutual benefit
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    Mediation in Copyright Disputes in Ireland
    ( 2019) Regina Machado Araujo Cardoso
    Conflicts arising from ownership related to authorship have always been historically numerous, but grow exponentially with the popularization of the internet and the penetration of digital devices, when access and ownership of other people's works have become so easy. On the other hand, alternative forms of outof-court dispute settlement are found to be a constant in the world as a quick and peaceful guarantee of the integrity of citizens' rights and are increasingly present in Ireland, thus favouring judicial provision, which deals with causes that truly cannot be transacted. This research highlights Mediation as the most appropriate among conflict resolution alternatives because of its principles of Confidentiality, Impartiality, Neutrality, Independence and Autonomy and analyses the possibility of using Mediation as an alternative resolution in Copyright Disputes in Ireland. In this regard, the study presents the scenario in various conditions: when the dispute must be resolved through Mediation and why it is considered an effective method. It also examines the possible limitations that the method may present in certain areas or contexts related to Copyright. The study presents an expensive Interview with one of Ireland's leading experts in the area, and collects her statements with other studies, authors, legislations, articles, surveys and cases. The research is intended for intellectual property rights holders, mediators and copyright lawyers, and others interested in this field, who are invited to consider using Mediation as a winning alternative means of resolving Copyright Disputes.
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    Mediation as an alternative dispute resolution in regard to the custody of a child: An analysis of perspectives in Ireland
    ( 2019) Mónica Arregui
    The present study deals with the process that an Irish person has to pass through in a dispute over the custody of a child. The aim of this research is to review how the legal system works in Ireland and analyse under what circumstances the law is applied in specific terms for a mother or a father. To achieve this goal, objectives had been set out to study the legal framework in Ireland in which a mother or father has to comply with to have access to the child. Examine the rights, obligations and responsibilities of the parents in respect to a child, study deeply the procedure of child abduction and analyse how mediation can help a couple after child abduction as an alternative of going to Court. This research locates the scope of dispute over the custody of a child within the context of the existing legislation and the gaps in it. This study is interpretivism and mixed methods are used to gather information from different sources and explore the associated phenomenon by collecting data.
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    The value of an apology in medical malpractice conflicts
    ( 2019) Clara Caldeira de Souza
    The following dissertation explored the value of an apology in medical malpractice conflicts. Through a mixed methodology, it was analysed data from different sources, as reports from government offices and previous research. Interviews were conducted to help to determine the value of the information. It was explored the elements and meanings of an apology. It was explained that medical malpractice conflicts are complex and different methods can be used to help manage it or solve each one with their pros and cons. After analysing all the data and literature, it was concluded that there is a value in delivering an apology in medical malpractice conflicts with evidence suggesting that it can help to restore the trust and the relationship between doctor and patient, de-escalate the conflict and help to solve it.
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    Negotiation strategies and tactics used by Brazilian professionals in Ireland
    ( 2019) Tatiana Pereira
    Negotiating is part of our daily life in all areas. Therefore, knowing how to negotiate should be everyone’s goal. The principal aim of this study is to identify and analyse the types of strategies and tactics in negotiation used by Brazilian professionals accessing any correlation between the skills used in practice with the theory from the literature. Although the interest for this theme is very significant in the business literature it has not been significantly taught in courses of other areas. The methodology procedures to conduct the study were designed through mono methods analysis, performing one technique of data collection, through a questionnaire which evaluates the negotiation skills people know and use when negotiating in the professional environment. When people answered the survey, results of the questions were analysed not only regarding the general results but also considering the impact of the most relevant results over typical negotiation approaches (e.g. gender versus emotional intelligence), which was also presented in this work. Considering the result is possible to state that the main sociological aspects like age, gender, employment status, etc. make a distinction on the ways the negotiation methods are applied. Considering that the minority (34.88%) of respondents had no negotiation training, the responses were generally surprising. Overall, the vast majority of the responses generally showed that Brazilian professionals have great negotiation skills, if not by training either from previous experience or common sense.
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    Artificial Intelligence as a means of improving satisfaction among consumers in Online Dispute Resolution.
    ( 2019) Marysol Tellez Lorenzo
    How online shopping businesses manage customers‟ conflicts to diminishing customer dissatisfaction is considered a critical strategy. Changes in customer behaviour and the need for immediate responses to their complaints make the implementation of new technologies necessary. The aim of this research is to investigate how online buyers in Dublin city perceive interactions with Artificial Intelligence implemented in customer service for online shopping to resolve conflicts, and if and integration with Alternative Dispute Resolution may result in an effective tool to lower levels of customer dissatisfaction, by using a quantitative method to collect information. In this paper, the author 1) Investigates current consumers preferences, attitudes and perceived benefits from their interactions with AI in online shopping customer service; 2) Investigates online consumers preferred channels to resolve conflict in online shopping customer service; 3) Investigates the attitude of online consumers towards the integration of AI and ADR in online customer service to resolve conflict; 4) Seeks effective ways of improving customer satisfaction by examining consumers considerations to improve their experiences in trying to resolve disputes in online customer service; and 5) Provides guidelines for successful implementation of Alternative Dispute Resolution assisted by Artificial Intelligence for customer service in resolution of consumer‟s conflicts in online shopping.
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    The role of Mediation in the workplace environment: the awareness of employees about the mediation process and its effectiveness.
    ( 2019) Mayra Lourdes Silva Vilela
    Due to the published of Mediation Act 2017, in January 2018, Ireland recognised the Mediation as an important and appropriate method of dispute resolution. The efforts have taken by the Government and by the Workplace Relation Commission to incentivising the use of Mediation has been extremely important. However, this study aimed to analyse the level of awareness within the employees related to the use of alternative dispute resolution as Mediation to solve the conflicts raised in the workplace environment as an alternative to avoid bringing procedures to the court. To carry out the research was applied the quantitative and qualitative method conducted by a survey, analysis of reports an online articles and literature review. The primary research results identified a low level of awareness of the mediation process within the employees; however, it was found a high level of acceptance of engaging in a mediation process. Even though it was found a lack of awareness from employees, the literature review has shown an increase in the number of mediation practices by the Workplace Relation Commission.
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    MEDIATION – A BETTER WAY TO DIVORCE
    ( 2019) MIRIANE PEREIRA MOTA
    This dissertation queries the importance of mediation for couples who are divorcing and suggests that the advent of divorce had limited legal or behavioural impact in Ireland. It clarifies this limited impact as a matter of delayed timing: divorce became available so late that the de institutionalisation of marriage and the growth of family unsteadiness related to it stood far advanced and were beyond being strongly influenced via a further change in the law. This dissertation points to some implications of this argument for research in other countries, particularly regarding the measurement of trends in mediation outcomes. A substantial amount of academic literature has grown up on whether mediation has helped divorcing couples in Ireland. This research aims to fill some of the gaps in existing knowledge about those who decided to pursue mediation instead of court proceedings. Through the utilisation of data collected, this study explores the implication of divorce in Irish society. This research has meaningful implications for future studies in the field of Irish social policy, as it highlights how the Irish social policy approach to formally divorced couples` dependence through the current legal apparatus of the State.
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    A case study of the English language school market in Ireland
    ( 2019) Janet Reyna Cuellar
    This paper provides for an overview of the literature as pertains to sales negotiation tactics. Particular focus is lent to what makes such sales negotiation tactics successful or not. However, its true value lies in its attempt to uncover such effective sales negotiation tactics within one sector of the economy. The sector in question is the English language school market in Ireland. Results suggest that effectiveness in tactical approaches is to some extent dependent on the nationality, age group, and sex of the other party to the negotiations.
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    The Role Emotions Play in Negotiations
    ( 2019) Liliane Alves Pereira
    “The present study investigated how emotions influence the course of negotiations, including an analysis on how individuals respond when experiencing either negative or positive emotions or both. It also evaluates a list of main emotions, and classify what is known as basic emotions. By exploring different theories which goes from in favour of emotions in negotiation, to the complete opposite views, and also different segments such as gender and cultural background of the disputant parties. It argues for an understanding of how emotions can be used as a strategy during negotiation to reach the outcome expected”
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    Workplace Conflict in Non-Confrontational Culture
    ( 2019) Katia Natsumi Nozuma
    Workplace conflicts are as frequent as any conflict that we usually get involved in our daily lives. From being in a sensitive situation, involving work colleagues, putting our job and the whole work environment at stake, this kind of conflict needs some precaution when dealing with it. We can say that workplace conflicts in non-confrontational cultures are even more sensitive. As the non-confrontational culture have this need or inner desire to avoid disputes, it possesses the image of being a peaceful, conflict-free environment. Japan and Ireland are both known for having a nonconfrontational workplace environment and for this reason, the study will explore the approach taken by the company’s team leaders, manager or HR team members when dealing with conflict. The study intends to show that it is not due to things not being seen or said that there is no presence of conflict in those organisations. Therefore, the study aims to clarify that companies/organisations belonging to non-confrontational cultures are also impacted by conflicts, whether it is a good or a bad way. For this purpose, the study makes use of qualitative research methods, which aims to analyse people’s behaviour towards conflicts in the workplace. Moreover, the methods used for data collection are interview, case study and review of the past literature on the subject. From the data collection results, we could observe that sometimes having a non-confrontational workplace environment it is not advantageous giving that the conflict situation will never get resolved and the decision-making process takes longer. However, it became clear that companies are changing trying to adapt, and different practices are being put into place to try to improve communication and relationships within the teams and organisations.
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    Immigration – an opportunity to develop niche markets: Narrative of Brazilians small/medium business owners in Ireland and the use of alternative dispute resolution overcoming barriers and conflicts
    ( 2019) LUANA NASCIEMENTO DOS SANTOS
    The objective of the research aims to identify if small/medium Brazilian business owners have found barriers and conflicts when setting up their businesses in Ireland intending to understand how alternative dispute resolution could help them. The aim of this study is to contribute to building more cohesive literature in this field. The secondary objectives of this research are presented below: 1. Identify who are these business owners and understand their journey as an immigrant in Ireland; 2. Understand which conflicts or barriers they have faced; 3. Understand how they overcome those barriers or conflicts in order to successfully conduct their businesses; 4. Understand in which contextual factors the use of alternative dispute resolution would be beneficial for small/medium business owners; It was conducted qualitative interviews, semi-structured with open questions in order to answer to gather all data relevant to this research. The questions were designed in accordance with the purpose of the research and ethical matters. Through the analysis of all data collected, we could observe barriers, conflicts and emotions our participants have experienced throughout their journeys. The results helped to ground the topic of frequent conflicts than happen in a business owner's life. In addition, the objectivity of the research is reached through critical analysis and conclusion discussed. As result, the main barrier faced by these business owners is the lack of information.
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    To Mediate or Not to Mediate: A Critical Assessment of the Viability of Mediation as a Tool to Solve Workplace Bullying
    ( 2019) DANIELLE MAIA DA SILVA
    A modern crisis, workplace bullying damages the emotional well-being of individuals and costs employers millions in lost productivity. There is an existing question as to whether mediation should be used to solve workplace bullying disputes. The primary aims and objectives of this research study are to evaluate mediation’s effectiveness in resolving workplace bullying disputes, comment on whether mediation should be used at all in the workplace bullying context, and make subsequent recommendations to employers, workplace bullying victims, and society in general. To achieve these aims and objectives, this study utilizes a qualitative research approach focused on a combination of survey questionnaires. Distributed to the population at-large, the survey captures the population’s general feelings and perceptions toward mediation in the context of workplace bullying. The results of the survey demonstrated that there is a higher rate of workplace bullying in Ireland than expected. In principle, most victims are willing to negotiate face-to-face with a workplace bully but feel that they would be at a disadvantage—or in a vulnerable position. In addition, a majority of workers would prefer mediation to litigation as a dispute resolution mechanism, citing the overall hassle, time, and expense of litigation. Finally, the survey results revealed a lack of corporate promotion of antibullying policies and the lack of employers building an anti-bullying culture. The main conclusion from this research project is that mediation has an important role to play in resolving workplace bullying disputes. However, corporations must promote an anti-bullying culture more vigorously to prevent workplace bullying. The application of mediation should operate on a “sliding-scale” mechanism: Mediation should be used to resolve workplace bullying disputes where there is not severe abuse or potential for further abuse. Mediation should apply to more moderate workplace bullying cases. Overall, this mechanism, as well as more strict corporate policies, would reduce and resolve workplace bullying.
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    The Role of Mediation in the Parental Alienation Syndrome
    ( 2019) YASMIN ARAÚJO
    This study explores the importance of a healthy family functioning - even after the breakdown of the relationship - and the responsibility both of the parents have in observing the best interest of the child. It has been observed in previous research that many children involved in divorce and custody litigation undergo a brainwashing or programming caused by one of the parents who unintentionally or deliberately sets out to denigrate the other parent, which is characterized as Parental Alienation (PA). The children, incapable of acknowledging the manipulation, align themselves with the programming parent and rejects the targeted one, with whom the relationship can be completely destroyed since there is a breakdown of a previously normal and healthy parent-child connection. The negative consequences triggered for the adult child victim of Parental Alienation are listed in this study based on conclusions from secondary qualitative compiled from literature review of previous research regarding Parental Alienation, as well as the primary qualitative data received from the semistructured interviews. Additionally, it stems from an interpretivist phenomenological paradigm of the researcher. Those who follow the interpretivism paradigm promotes the need for understanding of differences amongst humans as social actors. It is crucial to discuss Parental Alienation once that it still provokes debates not only in the field of psychology but also in the doctrine and jurisprudence. Throughout this research it has been observed that mediation could be an effective remedy to ensure that families suffering from Parental Alienation receive prompt and effective intervention. Finally, it has been noted that alienation is best treated psychologically than inside the courts, in response to the existent debate about the possibility of introducing a law to make Parental Alienation a criminal offence in Ireland.
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    Social media, interpersonal communication and conflict resolution skills
    ( 2019) DUBEIZA IQUIZE
    Current high-tech improvements have had a radical influence on the way people communicate. In this study, former researches have been considered and the premise is that social media networking sites are fast becoming very popular means among college students as a consequence of the extensive usage of SMS- social media sites by college learners, but the interpersonal communication with others will not be replaced by social media networking sites. It is fair to say that social media has become universal within our culture and daily lives. In despite of persons´ consciousness of the decline of face-to-face communication as a result of technology, with 1.59 billion daily users on Facebook (July 2019). The aim of this dissertation involving communication, is definitely the use of Facebook- social media site (SMS), and its influence on communication and conflict resolution skills. In this study, the researcher administered an online survey to determine the level of commitment students have about the social media site Facebook, and their inclinations in the areas of communication and conflict resolution. Twenty-three college students enrolled in a master degree program answered to an anonymous survey addressing their daily activities in social media as well as general attitudes regarding communication and conflict resolution. The results of this research advise that people reflect face-to-face communication the most preferred and effective way to resolve conflict and communicate with others. Conversely, the findings also show that individuals intervene in everyday social media activities at a greater rate that has been established in previous researches. Further, respondents stated using talking in person, talking on the phone and social media to communicate and resolve conflicts in their daily routine. A future study is essential and encouraged to analyze in what way social media relates to the means of communication and conflict resolution and its influence on interpersonal running.
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    THE CHALLENGES OF THE ASYLUM SEEKERS IN THE PROCESS TO OBTAIN THE REFUGEE STATUS IN IRELAND
    ( 2019) Ricardo Jasso de la Rosa
    The principal Aims and Objectives of the Dissertation are to find answer to main questions about the challenges of the Asylum in the process to obtain the refugee status in Ireland, this question are focus to find why the people decided to came to Ireland instead of another country and the advantages of disadvantages, to know the challenges in the validation of their application, and focus in the conditions of accommodation provided by the Government in one particular Centre and for the last to know the strengths and weaknesses of the Irish System in relation with the asylum seekers, this information look to be the utility for the authorities and entities interested in the asylum seekers. The method used was qualitative with the existing information related with the asylum seeker process and quantitative through the interview with a sample of asylum seekers in one direct provision centre with a methodology of critical realism focus on explaining what I saw and experienced, with an approach inductive in where the information was judged by observations. The results showed that asylum seekers decided to came to Ireland for the facility of the language but the Irish system is very slow in give resolution for their cases with people spending years with limited conditions of employability and to re start a normal life in Ireland. The principal conclusions founded were that the language is the main reason for the asylum seekers to decide to came to Ireland and the opportunity to came without visa follow, and even with that reason may people had problems in the presentation of their case for the language barrier and the long time of the interviews, and the last conclusion is that the time of waiting for a resolution is excessive.