Of War and Law

Netherlands International Law Review -     

Long-term success in mediation

This article reports the results of a study of the antecedents of long-term success in community mediation. Seventy-three mediation sessions were recorded and content analyzed. The participants were interviewed at two points: immediately after mediation and 4 to 8 months later. No relationship was found between the quality of the agreements—i.e., the extent to which they solved immediate problems- and long-term success as measured by compliance, improved relations between the parties, and the absence of new problems. On the other hand, joint problem solving by the disputants was related to complainant perceptions of improved relations with the other party. Also respondent perceptions that the mediation had been fair and that all the problems had come out were related to all aspects of long-term success in the eyes of the complainant. The latter results support a procedural justice analysis of mediation and underline the importance of mediator attention to the respondent.     

Negotiation, Power in Conciliation, and Review of Compensation Claims

Workers Compensation claims are not interpersonal disputes. Almost always they are disputes between individuals and corporations. Compensation insurers are "repeat players" in the system. Workers are often "one–shotters" who have little or infrequent contact with the system. Power inequality between the worker, employer, insurer, and those who are required to facilitate negotiations and resolve and settle disputes under compensation legislation are matters of considerable importance. This paper examines the effects of the implementation, in 1993, of informal dispute resolution processes in the Western Australian workers compensation system under the Workers Compensation and Rehabilitation Act 1981(WA), which excluded lawyers from the process. It argues that preexisting power imbalances have been aggravated by these procedural changes, and in particular, by the exclusion of legal practitioners from the dispute resolution process. The issues raised herein have general application to most workers compensation systems.     

Intra-company technology transfer in a multinational industrial firm

Little literature has been developed to describe the process of transferring a corporation's technology between international units of that company for ultimate transfer to their external customers (Kimberly 1981 and Leonard-Barton and Sinha 1993). This paper addresses the issues at Air Products and Chemicals, Inc. involved in the transfer of applications technology. Technology is transferred from the unit of the corporation which develops the technology to international affiliates and subsidiaries. The ultimate goal is the support of product sales to the external industrial customer. A strategy for this type of organization is described which is supported by references to theoretical constructs in the literature and empirical observations from the organization itself.     

Scales for perceived risk of student-on-student victimization in grades 7 through 10: A psychometric analysis of the adolescent index on school safety

Although past research has developed scales for the incidence, prevalence, and fear of student-on-student victimization (SSV), little is known about the scaling of perceived risk (i.e., the cognitive appraisal of the chances of experiencing SSV). Hence, this study examined self-report survey data for the perceived risk of SSV as measured in the Adolescent Index for School Safety (AISS). Children in grades 7 through 10 (n=337) in a single Florida public school completed the AISS. Factor analyses using Maximum Likelihood Estimation with Oblimin Rotation identified nine unique factors for perceived risk. Reliability analyses found standardized Cronbach Alphas that ranged from .64 to .91, and seven out of the nine identified scales were above .80, which suggested good to excellent internal consistency. Future research should examine the content validity, construct validity, and predictive validity for the AISS and other self-report surveys of SSV dynamics. This publication was made possible by a grant [#97-MU-FX-KO12 (S-l)] from the Office of Juvenile Justice and Delinquency Prevention (O.J.J.D.P.), United States Department of Justice (U.S.D.O.J.). This grant is administered through the Hamilton Fish National Institute on School and Community Violence at George Washington University. This specific study was developed and implemented by staff at: 1) East Carolina University’s Department of Criminal Justice; and 2) Florida State University’s Center for Educational Research and Policy Studies. All points of view and opinions in this paper are those of the authors and do not necessarily represent the official position or policies of East Carolina University, Florida State University, the Hamilton Fish National Institute on School and Community Violence, the O.J.J.D.P., or the U.S.D.OJ. The authors would also like to thank Dr. Bill Doerner and Jennifer Jolley for their support, editorial feedback, and insightful comments regarding earlier drafts of this paper.