调解系统中的冲突管理理论:现状与发展前景

A. Chumikov
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摘要

调解在文章中被认为是冲突管理理论的一部分,而冲突管理理论又是跨学科的。提出了冲突管理理论与应用分析的逻辑链,规划冲突管理行动,构建冲突管理理论教学。在这个链条中有四个主要环节:分析社会冲突的方法,其情境分析,影响情境的技术的定义以及实施所选技术的程序。这是在最后一个环节,调解的问题,或调解,是存在的,这是研究在这项工作的主题。本文的目的是分析俄罗斯无管辖权调解主要方向的发展及其作为社会调节器的作用,当公民社会各方遵守法律,但有机会发展更广泛,多样化和可接受的解决纠纷的条件。对调解过程的历史前提、现代制度化水平、社会重要功能进行了回顾。在国家,社会的商业和民间部门调解的发展特点给出。探讨了调解作为一种专业性、教育性和教育性社会资源的发展途径。这种发展的障碍是固定的,其形式是国家对调解活动的主导监管,调解服务的不成比例使用及其市场需求疲软,调解相关教育学科的教学分散,世界经验的负面现实。最后提出了调解需要更加和谐的国家法律规制的结论;发展沟通能力的重要性,包括在教育过程中统一介绍“谈判-促进-调解”学科;冲突管理素养教育作为冲突情境中的行为文化和管理能力的相关性。
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Mediation in the system of conflict management theory: state and development prospects
Mediation is considered in the article as part of a conflict management theory, which, in turn, is interdisciplinary in nature. The logical chain is presented, according to which it makes sense to conduct theoretical and applied conflict management analysis, plan conflict-regulating actions, as well as build the teaching of conflict management theory. There are four main links in this chain: the methodology of the analysis of social conflict, its situational analysis, the definition of the technology of influencing the situation and the procedure for implementing the chosen technology. It is in the final link that the problems of mediation, or mediation, are present, which is the subject of research in this work. The purpose of the article is to analyze the development of the main directions of non–jurisdictional mediation in Russia and its role as a social regulator, when the parties of civil society follow the law, but have the opportunity to develop broader, diverse and acceptable conditions for resolving disputes. The review of historical prerequisites, the level of modern institutionalization, socially significant functions of the mediation process is carried out. The characteristics of the development of mediation in the state, commercial and civil sectors of society are given. The ways of development of mediation as a professional, educational and educative social resource are discussed. The obstacles to such development are fixed in the form of dominant state regulation of mediation activities, disproportionate use of mediation services and their weak market demand, scattered teaching of mediation-related educational disciplines, negative realities of the world experience. Conclusions are proposed about the need for a more harmonious state-legal regulation of mediation; the importance of developing communication competence, including a unified presentation of the disciplines «Negotiation – facilitation – mediation» in the educational process; the relevance of the education of conflict management literacy as a culture of behavior in conflict situations and the ability to manage them.
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