The Italian Mediation Explosion: Lessons in Realpolitik

Between the time that the first modern Italian mediation statutes were issued in 1993 and March 2011, when mandatory mediation procedures under Italian Legislative Decree 28/2010 went into effect, an interesting paradox emerged in Italian mediation: mediation usage was virtually nonexistent despite the high success rates of mediated cases. Clearly, the mere availability of mediation was not sufficient to attract disputants away from the courts, even though the Italian court backlog skyrocketed to 5.4 million cases during this period. Decree 28/2010 was issued by the Italian government to address this paradox through a mandatory mediation requirement, but the law has faced significant opposition from some members of the Italian bar in the form of public strikes and legal challenges. Legislators have responded to this dissent with reactionary amendments to “cure” problems in the regulatory structure, even though there has also been significant positive attention paid to the Italian mediation model at the European level. As the opposition to Decree 28/2010 now appears to be diminishing and recent data indicate that mandatory mediation is achieving its objectives (to the tune of tens of thousands of mediated cases since March 2011), two lessons in realpolitik emerge for mediation proponents. First, nothing less than compulsion can rapidly increase mediation use. Second, the legislator who compels mediation without openly engaging the opposition is not mediation savvy, for even in compelling a policy choice, one should be respectful and mindful of the opponent's position, if for no other reason than to minimize his or her opposition to the final result.     

Italian neo‐fascist terrorism: A comparative perspective

Right‐wing violence in Italy has displayed characteristics that set it apart from the violent operations of rightist groups active in the other Western democracies. In the Italian case the violence has been protracted, stretching from the immediate postwar period to our own time. For the most part, it has been aimed at Communists and other leftists rather than racial or ethnic minorities. And it has appeared in a variety of forms, ranging from street‐corner brawling to terrorist bombing campaigns to schemes designed to achieve a coup d'état. In addition to offering a detailed account of neo‐Fascist violence in Italy over the past four decades, this study places the phenomenon in the general context of Italian politics and seeks to explain the violence by reference to the Cold War‐based objectives of various anti‐communist organizations.     

Italy: a case of mutating populism?

Italy is often presented as a showcase of populist parties. In the 2013 parliamentary elections, half of the Italian electorate voted for a party that has been labelled populist. During the 1994–2011 period, Italy witnessed four coalition governments dominated by populists. In line with the framework guiding this special issue, Italy thus offers a unique opportunity to trace the reactions of political and societal actors to populists in government. We propose that it is necessary to examine not only how populism's opponents react, but also how fellow populists respond. Indeed, we observe in Italy, on the one hand, what we will call mutating populism and, on the other hand, a peculiar mixture of paralysis, antagonism, and imitation by their opponents. This contribution is structured as follows: first, we describe Italian populism in the context of the end of the Italian First Republic and the emergence of the new party system under the Second Republic. In the process we discuss events under the four Berlusconi governments (1994–1995; 2001–2005; 2005–2006; 2008–2011). In each phase, we distinguish between populist and anti-populist contenders. We also describe the reactions abroad to governing Italian populists, especially within the European Union.     

German Nuclear Non‐Proliferation Policy During the 1980s: A Case of Regime Compliance

The Muslim community in Italy does not benefit from official recognition, which could, among other things, provide it with access to state funding. Nor does its fragmented nature favour a process of aggregation leading to the formation of a single representative body delegated to dialogue with the institutions. The government initiative establishing the Council of Italian Islam (Consulta) sought to encourage an original course in this direction, but it seems that the body is unlikely to solve the problem. The solutions adopted in various European countries and the proposals put forward by experts suggest that legal recognition cannot sidestep the question of representation and therefore calls for a process of cultural mediation.     

British and Italian Imperial Rivalry in the Mediterranean, 1912-14: The Case of Egypt

Although it is known that serious imperial rivalry between Britain and Italy in the Mediterranean only began in the Fascist period, this article argues that Italian expansionism had already begun to pose a threat to British interests in the Mediterranean in 1912 following Italy's colonization of Libya. While the Italian state was still militarily and financially weak at this time, an Italian private financial institution, the Banco di Roma, engaged in a number of ventures in Egypt that led to complications in state-to-state relations. The article shows that the seeds of Anglo-Italian antagonism were sown in the hostile climate of the Egyptian-Libyan border through a series of incidents in the period between 1912 and 1914.     

Bangladeshi migration to Italy: the family perspective

Reformation of immigration policy in Italy has paved the way for the emergence of some non-European emigrant communities in Italy including Bangladeshi community. This study addresses the Bangladeshi migration to Italy by highlighting context of immigrant reception in Italy, characteristics of Bangladeshi emigrants, their channels of migration, role of intermediaries in the migration process, economic cost of migration and inflows of remittances and its implications on family dynamics. This study draws from the Bangladesh Household Remittance Survey conducted by the International Organization for Migration—Dhaka in 2009. The study reports that opportunities in the Italian labour market translate into the increased opportunities for migrant families left behind in Bangladesh.     

The left-wing armed struggle in Italy from a critical-historical perspective: the case of study of Prima Linea

This article intends to cast new light on the history of the Italian left-wing armed struggle using the research perspectives offered by Critical Terrorism Studies (CTS). The object of the analysis is Prima Linea (Front Line, PL), which in less than 5 years (1976–1981) became the second most important left-wing clandestine organisation of the Italian 1970s. On the one hand, the historical development of the organisation is divided into two distinct phases. On the other hand, three dimensions of the armed activity of PL will be considered, namely, its ideological approaches, its organisational repertoires and the choice of the targets, in order to investigate the origins, meanings and outcomes of certain framing processes related to the concept of political violence. Taking into consideration direct sources of the organisation and the debates within the social movements, this contribution contextualises these conceptualisation processes of political violence by relating them to the surrounding social context and focusing on the role played both by the structural dynamics from above, and by the theories and practices developed within the revolutionary Left. The aim is to de-exceptionalise and historicise the left-wing armed struggle in Italy and to propose a critical explanation of such phenomenon.     

Outbursts: An Evolutionary Approach to Emotions in the Mediation Context

Evolutionary psychology offers a powerful framework for understanding the ultimate function of emotions, and that understanding can be applied usefully in the mediation context. In this article, we first introduce the relevant theoretical foundational assumptions of the evolutionary approach to emotions and then use anger and gratitude to illustrate the evolved functions and effects of emotions on cognition and behavior before exploring specific implications for mediation. We also discuss mediator strategies for leveraging anger and gratitude, as well as the potential for future research applying an evolutionary approach to understanding emotions in mediation.     

A Conceptual Typology of Kin‐State Mediation

In this article, I argue that kin states can play major roles in international mediation processes involving their kin communities. Although kin states may be naturally biased toward their kin, kin states are sometimes actively involved in mediation processes and such involvement is even encouraged by third‐party mediators. In this study, I divide the various roles assumed by kin states in mediation into four main conceptual categories: promoter, quasi‐mediator, powerbroker, and enforcer. My analysis presumes that a kin state can use its close ties with its kin community to make third‐party mediation more successful. I support and illustrate this model using cases of kin‐state involvement in peace processes and examine both the benefits and complications that kin‐state mediation can entail. This study contributes to scholarship examining the effectiveness of biased mediators. I conclude that the role a kin state assumes in a mediation is often context‐dependent, but that third‐party mediators and the international community can use their leverage over kin states to improve the peace process.     

Italy and the Euro in the Global Economic Crisis

As Italian policymakers argue about the best way to respond to the global economic crisis, the importance of the euro to Italian economic stability seems to have dropped out of the debate. This is a problem for three reasons: it dulls the memory of Italian efforts to get into the single currency in the mid-to-late 1990s; it allows critics of the euro to shape perceptions of how eurozone membership affected Italy during the past decade; and it obscures the trade-offs that Italians would face if they were to make different choices in the future -- including the choice to leave. As a result, while it has been relatively easy to argue that Italian politicians would have to be crazy to try to take Italy out of the euro, it may become more difficult to make that case with the same level of confidence as time goes on. Italian perceptions of the merits of being in the euro are changing and the real possibilities available to Italian policymakers are changing as a result. Italy will pay a high price for opening up the possibility of leaving the eurozone whether or not Italian policymakers are serious about taking that step.     

In Search of a European Dimension in the UN Security Council

Both Belgium and Italy want to give their current mandate in the UN Security Council a European dimension. Yet, the conclusion that they are natural partners in doing so may be premature. Before focussing on Belgian and Italian objectives, the article presents the current state of the ongoing reform processes in Brussels and New York and of EU actorness in the Security Council more generally, as both are critical for estimating the prospects for a stronger European profile. It concludes by discussing the possibilities and constraints that the non-permanent members face within this framework.     

The Paradox of Accepting One's Share of Responsibility in Mediation

Mediators generally avoid the issue of whether parties accept their individual share of responsibility for a conflict. But the results of this study demonstrate the important role that taking responsibility for the conflict can play to encourage the emergence of cooperation within the mediation process. In this article, the author first explores the role of responsibility within the context of various mediation approaches and styles. Next, he reports the results of a quantitative study that examined the attitudes of disputants involved in workplace conflict mediations. His results indicate that acceptance of responsibility can play a parodixical role in the mediation process: it seems to be effective only when both parties jointly acknowledge responsibility. When responsibility is acknowledged unilaterally, it seems to have a negative effect on the emergence of cooperation. Finally, the author proposes an intervention strategy for mediators that is designed to encourage the joint acceptance of responsibility and thus facilitate the emergence of cooperation in mediation.     

Italian renaissance diplomacy

A renewed interest in Italian fifteenth-century diplomacy and the publication of extensive sections of the diplomatic archives of the Italian states justify a new assessment of the significance of Italian Renaissance diplomacy. The conclusions of this essay are threefold, that Italian developments were less unique and less isolated from the European scene than used to be thought; that too much emphasis has been placed on a transition from occasional to continuous diplomacy; and that the emergence of the resident ambassador has to be seen in the context of changing decision-making mechanisms and bureaucratic structures. The differences between the diplomatic institutions and personnel of the princely and republican Italian states are particularly emphasized.     

Common Language, Different Meaning: What Meidators Mean When They Talk About Their Work

Mediators, for the most part, descrive their work as "facilitation" but what they actually mean varies considerably. Based on an exploratory study with nealy 90 mediators in Canada (all of whom are also mediation trainers), the author describes the great diversity among mediators'understanding of commonly-used terms like facilitation, transformative, settlement, and humansitic. She also reports on how such factors as context, gender, and number of years mediating affect mediator perceptions of what they do. In addition, the author shows how perceptions affect the overall philosophy and goal of hte meidation practitioner: One implication of this research is that we can no longer presume to know what people men by "mediation," nor can we assume mediators are like-minded in how they understand their work. Thus, practitionsner, scholars and policymakers are encouraged to be purposefully clear when describing and writting about the practice of mediation.     

Exploring the link between patronage and party institutionalization: an historical-institutional analysis of the Italian transition

This article analyses party patronage transformations in Italy since the early 1990s, a time when political parties and the party system entered a phase of continuing change. It examines how the interaction between the temporality of party system restructuring and historical legacies rooted in the nature of public bureaucracies reproduced patronage practices aimed at capturing state resources. The article employs a historical institutionalist approach as a research framework and concludes that this provides a cogent explanatory argument for the development of state exploitation taken by Italian political parties since the crisis of the early 1990s.     

Mediation within the French Industrial Relations Context: The SFR Cegetel Case

This article examines the introduction of mediation in the French industrial relations context, as illustrated by the case of the SFR Cegetel collective agreement on social dialogue, which was signed in June 2002. This article provides an overview of relevant French legislation and explores why mediation is used so infrequently in France to settle labor conflicts, examines the growing interest in mediation in France as exemplified in the implementation of alternative dispute resolution (ADR) programs in several firms, and analyzes the barriers and incentives to mediation as well as the impact of internal mediation on the relations between management and employees.
We conclude that while inherited customs and lack of information curtail the use of mediation, disputants increasingly favor mediation as an option when they wish to gain time or when the situation is filled with especially acute open conflict. In addition, we conclude that the introduction of mediation favors a more participatory style of management, improves relationships between management and employees, and induces a better social dialogue within the firm.     

NATO's Southern flank and Italy's role in it

The end of the Cold War brought about a change in US basing policy in Italy. Some bases were dismantled, while others, like the one in Vicenza, were strengthened raising considerable local protest for environmental reasons. The article examines whether agreements establishing the US bases have a solid foundation in the Italian Constitution and whether the weapons detained there are in conformity with the disarmament treaties binding Italy. Since the bases are now employed for NATO “out-of-area” operations and have become a part of the US strategy of “war on terror”, they inevitably influence Italy's foreign policy and its option to stay out of ongoing conflicts. The article also considers the continuing need for US bases from the point of view of Atlantic solidarity.     

Using Blogs as a Teaching Tool in Negotiation

This article reports on the experimental use of blogs as a teaching tool in a course on negotiation and mediation. The blogs were of two kinds: individual "journal" blogs accessible only by the student author and the course instructor, and a class or collective blog, accessible by all members of the course. The use of blogs builds on the familiar use of journals as a tool for reflection and personal review and adopts the technology of online communication with which the student body is increasingly familiar and comfortable. The article reports on the student response to this development and the perceived impact on extended peer-to-peer communication, cooperation, and skills development. This note also briefly places this experiment in the wider context of the widespread use of blogging, online social networking, and — more ambitiously — the promotion of critical and deliberative skills through the use of information communications technology.     

Civil Society–Government Synergy and Normative Power Italy

There is a need for a reassessment of the Italian contribution to international affairs. If a more comprehensive and pluralist reading of Italian action at the international level is developed, an image of normative power Italy may emerge. Italian input has been crucial in a number of transnational campaigns that have had significant impact at the international level. The cases of the peace in Mozambique, the International Criminal Court, the Moratorium on the Death Penalty and, more recently, the Ban on Female Genital Mutilation all illustrate Italy’s contribution to international affairs, especially the politics of norm change. These cases are all characterised by the presence of intense civil society-government synergy. In order to advance the understanding of the processes and impact of transnational mobilisations, this analysis examines the domestic conditions that facilitated such synergy, intended as key conditions for the empowerment of transnational activism itself.     

The Reflexive Mediator

In this article, I describe a reflexive approach to mediation, which I see as a promising corrective to two positivist ideas in our field that are slow to fade: that we should be neutral as third parties and that parties should seek solutions based on objective truth. Grounded in a more constructionist approach using findings from qualitative social research and drawing analogies from those findings as they apply to mediation, a reflexive praxis accepts the reality that a third party cannot be neutral and that constructive outcomes to conflicts are rarely rooted just in “the facts.” Rather this view holds that an intersubjective rendering of reality in and out of the mediation room constitutes a large part of the collaborative effort of mediation.