What Difference Does a Robe Make? Comparing Mediators with and without Prior Judicial Experience

This article reports the results of two studies. The first study, based on the responses of attorneys to questions about the reasons for the success of mediators with and without prior judicial experience, shows that the capacity of the mediator to gain the confidence of the disputants was most important for mediators with and without prior judicial experience. Although certain process skills were viewed as important to the success of both former judges and nonjudges, in general, process skills were significantly more important for nonjudges than for former judges. The capacity to provide useful case evaluations, on the other hand, was significantly more important for former judges than for nonjudges. The second study, based upon attorney responses to questions about unsatisfactory mediators, reinforced the conclusions of the first study regarding the importance of confidence-building attributes. For both judges and nonjudges, the mediator's inability to gain the confidence of the parties was a major reason for his or her lack of success.     

A Theory Matrix for Mediators

The author uses a behavioral perspective to survey theory that may be useful in mediation. He notes the lack of diffusion of knowledge of theory among practitioners and argues that mediators should pay more explicit attention to theory. He presents a matrix comprising the behavioral factors of perception, emotion, cognition, communication, and intervention at the micro, meso, and macro levels of conflict and uses this matrix to organize and review some mediation theories. Several types of intervention theory are identified: integrated, generic, dialectical, developmental, and dialogical. The article closes by posing some outstanding theoretical issues and questioning whether current mediator training programs are adequate to bridge the gap between theory and practice.     

Coming to Terms with Separatist Insurgencies

Although insurgencies may begin their rebellions with expressed desires for outcomes unacceptable to opposing governments, the desired insurgent outcomes sometimes undergo modification, creating conditions that can make governments more amenable to external mediation. In certain separatist conflicts, the likelihood of external mediation increases when the political redefinition of the state insisted upon by the insurgents undergoes a revision, from secession to self‐determination, understood as a variant of autonomy. In the same vein, although it may not happen concurrently, insurgent movements become more amenable to external mediation if and when opposing governments revise the preferred conflict outcome from a military defeat of the insurgents to a containment of the movement. These two developments can serve as objective referents helping external parties to identify a ripe moment in the conflict and initiate mediation. But the implementation of an agreement ending separatist conflict may not occur if the government fails to submit the proposed territorial bounds of autonomy to prior review by constituents. Potential spoilers among government constituents should be identified and recruited to participate in the negotiations so that the likelihood of agreement rejection is reduced. In some states, however, the legal mechanisms and political opportunities for constituents to act as spoilers do not exist.     

Why Are Subordinates Less Satisfied with Mediation? The Role of Uncertainty

This study explores the influence of hierarchical position on both mediation satisfaction and uncertainty about the mediation. As parties involved in hierarchical conflict typically behave differently and have different perceptions and experiences, we think it is most likely that hierarchical position will affect the mediation process and its outcomes. In this article, we investigate the influence of hierarchical position on both uncertainty about the mediation and satisfaction with the mediation and its potential moderating role on the relationship between uncertainty and satisfaction. To test our hypotheses, we use data from fifty real mediation cases dealing with hierarchical labor conflicts in the Netherlands. As expected, uncertainty has a stronger negative effect on subordinates' satisfaction with the mediation than it does on the supervisors who were involved in mediation. Implications for mediation theory and practice are discussed.     

我国治安调解制度的现状分析

我国的治安调解制度总体运行良好,但由于治安调解制度上还存在着一定的缺陷,导致在实际工作中还存在着主体角度冲突,调解工作缺乏严谨等问题。治安调解制度在新时期有必要进一步完善和发展,要加强治安调解的立法工作,加强调解人员的业务培训,提高调解效率,并完善其工作机制,为治安大局服务。     

Assessing Empowerment in Divorce Mediation

The empowerment of disputants is a fundamental concern of mediation research, but empowerment is difficult to measure. This study operationally defines empowerment in a divorce case as an agreed-upon modification of the Texas Standard Possession Order in the direction of granting more time with the child to the noncustodial parent. Using a cross-case analysis of mediated and nonmediated divorce cases, this study found that couples that participated in mediation were empowered, not disempowered, in the construction of their visitation arrangements. Implications for measuring empowerment, litigation, and legislative policy are discussed.     

欧盟电子废弃物指令适用范围探析

欧盟的电子废弃物指令(包括WEEE指令和RoHS指令)是目前影响范围最广、适用电子电气设备种类最多的电子废弃物管理法,不论从对欧贸易的角度来说,还是从我国自身立法的角度来看,都应对其认真研究.目前,国内对这两个指令的研究已经展开,但是对其适用范围尚缺乏系统深入的探究,本文准备弥补这一空白.     

法治语境下的公安调解

公安机关调解了大量的社会纠纷是不争的事实,这不仅符合公安机关维护社会治安秩序、服务社会的法定职能,也是符合法治精神的一种纠纷解决形式,公安调解协议的实质是当事人对自己合法权利的处分,应当具有一定的法律效力。     

法院调解优先的冷思考

近年来,法院调解作为维护和谐社会的一项司法政策被强化,并被推至优先地位。但是,强化调解可能形成义务人无需充分履行义务的期待,导致久调不决的现象发生,降低了诉讼效率;强化调解所营造的使权利人让步的＂囚徒困境＂会折损诉讼公正,会使人们的法律虚无主义意识蔓延。与此同时,调解优先使法院在司法实践中也陷入困境,即法院调解优先与民事诉讼以审判为中心的程序构造相背离,使法官在民事诉讼程序中无所适从;而且加剧法院调解能力下降与追求高调解率之间的矛盾,并使＂强制调解＂再次成为司法垢病。为使调解回归应有状态,我们必须尊重调解和审判的特点,消除二者非此即彼的对立状态,寻求二者共同发展的契机。唯有如此,才能完善民事诉讼纠纷解决机制,发挥调解和审判的优势。     

对利用网络进行诈骗犯罪的侦查取证问题研究

近年来，伴随着网络普及程度的提高，网络诈骗犯罪亦日趋严重。网络的开放性、不确定性、虚拟性等特点使网络诈骗犯罪的证据更加复杂多变、网络诈骗犯罪的取证更加困难。面对诸多严峻的取证难的现状，在分析其原因后有针对性地提出一些解决网络诈骗犯罪取证难的办法和建议，以期突破网络诈骗案件取证的难题，从而有效地遏制网络诈骗犯罪。