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This is an exploration of the effectiveness of the NASD Dispute Resolution's mediation program from the user's point of view. There is a user survey that has been conducted to analyze the program. This article examines the results of the survey in a setting describing the program and how it is administered. There is an interesting examination of the effectiveness of mediation and which factors are most important.

The Turkish Ministry of Justice submitted the Draft Law on mediation in legal disputes, which was predicated on the European Council (EC) Directive on certain aspects of mediation in civil and commercial matters, to the Turkish Parliament in June 2008. Contentious arguments have followed on the provisions of the Draft Law as well as on the overall applicability of mediation in Turkey. The purpose of this paper is to examine the context surrounding the new mediation phenomenon in order to identify the key challenges awaiting its widespread use in the Turkish construction industry.

Two complementary approaches were adopted in this paper. First, an analysis of the most debated papers of the Draft Law is carried out to determine the potential problems associated with the legislation by making comparisons with the EC mediation directive and mediation laws in some of the member states. Second, a series of structured interviews are organized among the Turkish construction industry to gain better insight on prevalent perceptions of mediation, assess pertinent demand and determine the sector specific challenges.

The comparative analysis of the Draft Law and the empirical results obtained from the industry indicate a promising platform for the deployment of mediation. However, the adverse attitude of lawyers, inadequate financial incentives, the lack of an industry specific institutional framework and low level of knowledge on mediation in the industry hinder wide acceptance despite the growing interest, as evidenced in the results of the interviews.

This paper is aimed to be a timely contribution to the process of the establishment of mediation in the Turkish construction industry. The paper provides a comprehensive analysis of the Draft Law through comparison with other legislation and furnishes original data on the perceptions of mediation in the Turkish construction industry in the quest for making projections for its further development.

This study aims to more deeply examine the various types of testing mediations and use the comparison test by using test-based mediation Sobel models and Bayesian approach. The purpose of this study are to apply the traditional (using indirect effect) and Sobel test, extend Yuan and MacKinnon (2009) work on Bayesian mediation analysis. Both analysis methods of mediation (Traditional, Sobel Test and Bayesian estimation) should apply in the research of management, by using structural equation modeling (SEM) in a structural model, with one mediation, one exogenous (independent) and one endogenous variable. The meta-analysis approximation has been used to investigate the job satisfaction as a mediation in the relationship between employee competence and performance (endogenous).

Data were collected from ten dissertations of students of the Management Doctoral Program at the Brawijaya University from 2009 until 2013; data were analyzed for the mediation variable of job satisfaction (M) in the relationship between employee competence (X) and employee performance (Y) (Muindi and Obonyo, 2015; Olcer, 2015; Sattar et al., 2015; Khan and Ahmed, 2015). A researcher can determine the mediating variable and whether it is complete or partial or if mediation exists in several ways.

The results of the above findings using meta-analysis showed that 60% of previous research states that job satisfaction is a partial mediation on relationship competence of the performance, 10% of previous research states that job satisfaction is a full mediation on relationship competence of the performance and 30% stated that job satisfaction is not pemediasi (pemediasi means Mediation variable) on the relationship between competence and performance. This research found that all three approaches provide similar conclusions for ten previous research.

The findings showed that the Sobel approach and the Bayesian approach provide results that are more sensitive than the traditional approach.

In my opinion, the rule to investigate the mediation variable should be completed with the conditions (1) q (theta) is not statistically significant, (2) α (alpha) and β (beta) are significant, and (3) q’ (theta) is significant, and increase when M is include as an additional predictor. This condition called partial mediation.

The traditional method is simpler and easy. The method is less sensitive and is not sufficient for investigating the mediating variables. In general, the method results in a mediation variable, but it cannot be used to determine either partial or complete mediation variables. So, investigation by Baron and Kenny Methods (in Hair et al., 2010), the rule or testing called Sobel Test and another approach such as Bayesian to determine the mediation variable is necessary.

Various methods for detecting mediating/intervening have been widely used in previous research as a method of measurement using indirect effect (Hair et al., 2010), and calculations have been performed using Sobel test (Baron and Kenny, 1986) and Bayesian approach (Enders, 2013). In this study, I wanted to more deeply examine the various types of testing mediations, and use the comparison test by using the test-based mediation Sobel models and Bayesian approach (Baron and Kenny, 1986; Enders, 2013). The statistical application should not be complicated and difficult, it but must rather be simple and easy, so that it is user-friendly. The traditional method is simpler and easier than the other methods, but how sensitive is it? This research is conducted to investigate this problem. The evaluation of mediating mechanisms has become a critical element of behavioral science research (Enders, 2013), especially in the field of management, not only to assess whether (and how) interventions achieve their effects but also, more, broadly, to understand the cause of behavioral change. Methodologists have developed mediation analysis techniques for a broad range of substantive applications. However, methods for estimating mediation mechanisms with various methods have been understudied. The purpose of this study is to apply the traditional (using indirect effect) and Sobel tests and extend Yuan and MacKinnon’s (2009) work on the Bayesian mediation analysis. Both analyses methods of mediation (traditional and Sobel test and Bayesian estimation) should apply in the research of management, by using structural equation modeling (SEM) in a structural model, with one mediation, one exogenous (independent) and one endogenous variable. The meta-analysis approximation has been used to investigate job satisfaction as the mediation in the relationship between employee competence and performance (endogenous). This study uses software R to complete the mediating effect (Enders, 2013). R is a language and environment for statistical computing and graphics. It is a GNU project which is similar to the S language and environment which was developed at Bell Laboratories (formerly AT&T, now Lucent Technologies) by John Chambers et al. R provides a wide variety of statistical analyses such as SEM and Mediation test. R provides an open source route for participation in that activity. The Bayesian estimation approach provides an R function and a macro that applies the method of mediation analysis.

Symbolical-interaction sociology is useful to mediators and relevant to mediation practice. It explores the elements of everyday social interaction including behavior of disputants during instances of conflict. In particular, Erving Goffman’s frame analysis offers mediators a practical tool useful in assessing and managing both the intellectual and emotional responses of disputants during mediation. Moreover, frame analysis can effectively guide mediators in assisting disputants to reorient their respective responses to each other and to the dispute, thereby enhancing opportunities for meaningful dialogue. In addition, Goffman’s game, drama, and ritual metaphors offer simple but powerful analytic tools guiding mediation clients through terrain which would otherwise be chaotic and overwhelming. Mediators committed to enhancing their practices and researchers in search of a sound theoretical base for effective dispute resolution can benefit substantially by applying these insights to the practice of mediation.

The present paper attempts to map the discursive relations between conflict and settlement as reflected in the realms of law and mediation during the second half of the 20th century, offering a 21st century model to combine the mediation drive to settle through reaching inter-subjective transformation with the legal drive to escalate and promote social conflict. Contemporary mediation, according to this model, should involve on the one hand “negotiating for justice,” according to the familiar models of problem solving and transformation, and on the other hand “fighting for law”: acknowledging the self-referential and ideological quality of conflicts, while emphasizing the pragmatic need to end them through an interpretive public act that involves value judgments.