The Next Step: Research on How Dispute System Design Affects Function

Despite claims that ADR offers "better" solutions than traditional approaches (such as the courts), the field of dispute resolution has trouble proving its case. The reason is that we lack baseline data on the effectiveness of both traditional and nontraditional dispute resolution methods. Practitioners and researchers of dispute resolution should work together and in collaboration with public and private sector institutions to incorporate systemized data collection and evaluation into ADR practice. The growing subfield of dispute system design offers particularly rich ground for such collaboration between the research and practice communities.     

Control,Communication, and Power: A Study of the Use of Alternative Dispute Resolution of Enforcement Actions at the U.S. Environmental Protection Agency

Two decades after pioneering the use of alternative dispute resolution techniques, practices, and processes, the U.S. Environmental Protection Agency (EPA) has emerged as the leader among federal agencies. As such, the EPA provides a useful setting for testing conventional wisdom and theories about alternative dispute resolution. This essay takes data collected as a part of an assessment of the agency's enforcement ADR program and examines how well it reflects or illuminates current theory and conventional wisdom about conflict resolution. In particular, we examine why parties to a dispute choose ADR, and the key elements needed for the successful resolution of environmental conflicts, including the dynamics between the parties at the table and mediator characteristics.     

Blogging in the Shadow of Parties: Exploring Ideological Differences in Online Campaigning

Blogging is an increasingly important practice in election campaigns, showing interesting variations across contexts. Recent research has shown that the adoption and use of blogs is strongly shaped by national institutional settings, that is, the different roles given to parties within political systems. However, intra-national differences in the practice of political blogging are yet to be explained. This article investigates the variation in usage of blogs in electoral campaigns in Sweden, a country characterized by strong political parties and a party-centered form of representative democracy. The central argument is that different parties utilize blogging in different ways. Just as blogging is shaped by how institutions support persons or parties, we propose that political blogging is shaped by party affiliation and ideological positions on individualism and collectivism. The empirical analysis, based on a survey among over 600 blogging politicians, confirms that ideological positions towards individualism and collectivism have a great impact on the uptake and usage of political blogs, portraying political blogging as a strongly ideologically situated practice of political communication.     

Mediation Practice in the South African Construction Industry: The Influence of Culture, the Legislative Environment, and the Professional Institutions

We studied mediation practice in the South African construction industry by surveying sixty-three mediators. We found that mediators are more intent on resolving disputes for the parties than on assisting the parties to find their own settlements. In addition, we found that greater emphasis by parties to the dispute is placed on technical expertise, authority, and a clear understanding of the matter in dispute than on moving the parties toward an in-depth understanding of each other's perspectives. We conclude that mediation practice in the South African construction industry is not consistent with generally accepted principles of mediation. We also argue that the fragmented and potentially adversarial traditional procurement system predominantly used in South Africa, together with the inadequate institutional response in promoting mediation as a preferred dispute resolution method, is encouraging mediation to develop in this way. This is cause for concern, not only because this practice represents a departure from the underlying philosophy of mediation — dialogue aimed at amicable and long-lasting solutions that are in everyone's best interests — but because it is incompatible with the Southern African worldview concept of ubuntu .     

Broadening the Evaluation of Dispute Resolution: Context and Relationships Over Time

Evaluation of negotiation outcomes tends to focus on measurable, dyadic,short-term resolutions of conflict. We review current challenges to this traditionalmodel of the evaluation of dispute resolution outcomes, and we offerfour perspectives that can help address them. First, we advocate the needfor longitudinal studies of negotiations that incorporate disputant relationshipsbefore and after a particular negotiation. Second, we highlight theincreasing importance of third parties in resolving conflict. Third, we suggesta more comprehensive conception of parties, relationships andoutcomes in negotiations research. Finally, we advance an explicit incorporationof context and culture into dispute resolution research models.     

The effectiveness of mediation: An independent analysis of cases handled by four major service providers

A study of 449 cases administered by four major providers of ADR services showed that mediation was capable of settling 78 percent of cases, regardless of whether the parties had been sent to mediation by a court or had selected the process voluntarily. Mediation also cost far less than arbitration, took less time, and was judged a more satisfactory process than arbitration.Jeanne M. Brett is the DeWitt W. Buchanan, Jr. Professor of Dispute Resolution and Organizations at the Kellogg Graduate School of Management, Northwestern University, Evanston, Ill. 60208     

Improving Third-Party Decisions at Choice Points: A Cyprus Case Study

Third parties are often required to make process decisions under considerable psychological pressure, within the stressful view of interested parties, often with high stakes and inadequate information, on very short notice, and without an opportunity for extended research or even much reflection. Therefore, a valuable goal in preparing for intervention is to develop the ability to spot patterns or cues in the context of the dispute that can immediately suggest techniques or process options that could be successful. This essay focuses on conditions at important choice points in an intervention and the third-party decisions made in response. It discusses how third parties make decisions on process issues and suggests ways to learn how to make better decisions. Next, it applies this decision framework to an actual intervention, using an effort by a co-author to build interaction between the Greek and Turkish communities in Cyprus during the mid-1990s. Finally, the authors jointly evaluate the Cyprus experience to capture lessons learned for improving third-party conflict resolution practice.     

Measuring and comparing party ideology in nonindustrialized societies: taking party manifesto research to Africa

Despite a growing interest in African parties, no comparative analyses of African party manifestos have been undertaken to date. This study applies the Manifesto Research Group's (MRG/CMP) coding scheme to a complete set of manifestos in three countries. The study's main aim is to determine whether a research tool that has been seminal in the study of Western politics can be used to advance the study of political parties in nonindustrialized societies. In a first step, the article examines the extent to which African manifestos advance programmatic ideas. The results show great differences across parties and time. The study subsequently investigates how parties position themselves on a right–left spectrum; it further outlines which policy categories African parties stress most. Finally, it examines the stance of individual parties on specific policy issues. The study argues that the MRG coding scheme can contribute to a much more nuanced analysis of African parties.     

Political Party Finance in South Africa: Disclosure Versus Secrecy

Litigation initiated by the Institute for Democracy in Southern Africa against all political parties for the disclosure of donations initiated a debate over party-funding regulatory regimes. The case for disclosure and regulation emphasized the causal connection between secret funding and corruption as well as the weakening of democratic practice. An empirical assessment of these claims shows that secrecy has not brought about these predicted effects and that official institutions have been effective in uncovering and prosecuting political and other forms of corruption. Moreover, evidence is presented showing that the disclosure of donors' identities will prejudice smaller, opposition parties to the detriment of South Africa's multi-party democratic system. An appropriate regulatory regime for the country must emerge from a deliberative process, rather than a judicial decision, if it is to be effective. In addition, the regulations must balance transparency against the interests of smaller parties through innovative and country-specific monitoring mechanisms.     

Some Minor Reflections on Conflict Resolution: The State of the Field as a Moving Target

Based on several recent meetings between the scholarly and practice communities of the conflict resolution field, the author observes that our understanding of what we consider to be conflict resolution is changing rapidly, and that the context of a particular dispute is often determining. To continue to build knowledge in the field, scholars and reflective practitioners should examine such topic areas as the nature of practice; differences between in-house and external mediation; expectations of all parties about change and outcomes; and the ethics of intervention.     

Cultivating Dialogue: From Fragmentation to Relationality in Conflict Interaction

This article builds on the tendency in recent decades in the field of alternative dispute resolution (ADR) to analyze conflict and its transformation from a relational perspective. It surveys developments in twentieth‐century philosophy that support the ongoing quest to explore the self in ADR from a relational perspective. It then shows how the concept of dialogue provides a framework for understanding conflict transformation from a relational perspective, by exploring the relational foundations of dialogue. It also draws a connection between the growing use of mindfulness practices in conflict settings and the practice of dialogue, suggesting that Buddhist philosophy and practices can help cultivate relational awareness and dialogue. The article therefore suggests that incorporating dialogue and exploring its relational characteristics can assist ADR scholars and practitioners to develop further practices that can promote collaboration by shifting disputants from adversarial and fragmented orientations to more relational mindsets.     

Hard Bargaining in the Classroom: Realistic Simulated Negotiations and Student Values

Empirical research into the negotiation practices of lawyers shows that “hard bargaining,” including at least some unethical conduct, is an inescapable fact of a lawyer's life. To prepare students for legal practice, negotiation instructors must expose them to hard bargaining in the classroom. In doing so, however, instructors should be sensitive to the moral and ethical values of their students, so that the classroom experience does not unduly pressure students to compromise their values. The simulation is the primary tool of negotiation instruction. By selecting and manipulating simulations, a negotiation instructor can expose students to a wide range of negotiating behaviors, from distributive negotiations marked by the use of power tactics to value‐creating negotiations in which participants must consider many interests and collaborative strategies predominate. With that flexibility, however, comes the potential for classroom exercises to pressure students, in ways both subtle and overt, to adopt behaviors that feel uncomfortable. In this article, I examine the use of simulations to teach different types of negotiating behavior, including hard bargaining. Referring to a number of widely available simulations, I suggest ways to focus student attention on three dimensions of negotiation behavior — the issues over which the parties are bargaining, the objectives the parties seek, and the tactics the parties use to achieve their objectives — in order to push students to reflect on their own negotiation behaviors and to prepare for the tactics of others. I assess the potential for simulations to pressure students to compromise their values, and I conclude with my own thoughts on the goals of a negotiation course.     

The Contingency of Voter Learning: How Election Debates Influenced Voters’ Ability and Accuracy to Position Parties in the 2010 Dutch Election Campaign

Election campaigns are expected to inform voters about parties’ issue positions, thereby increasing voters’ ability to influence future policy and thus enhancing the practice of democratic government. We argue that campaign learning is not only contingent on voters’ characteristics and different sources of information, but also on how parties communicate their issue positions in election debates. We combine a two-wave panel survey with content analysis data of three televised election debates. In cross-classified multilevel auto-regression models we examine the influence of these debates in the 2010 Dutch parliamentary election campaign on voters’ knowledge of the positions of eight parties on three issues. The Dutch multiparty system allows us to separate voters’ ability to position parties from their accuracy in ordering these parties. We reach three main conclusions. First, this study shows that voters become more able and accurate during the campaign. However, these campaign learning effects erode after the elections. Second, whereas voters’ attention to campaigns consistently contributes to their ability to position parties, its effect on accuracy is somewhat less consistent. Third, televised election debates contribute to what voters learn. Parties that advocate their issue positions in the debates stimulate debate viewers’ ability to position these parties on these issues. In the face of the complexity of campaigns and debates in multiparty systems, campaigns are more likely to boost voters’ subjective ability to position parties than their accuracy.     

Escalation and Mindfulness

Escalation of conflict, the use of progressively more contentious tactics, is not always intended. It may occur when parties become preoccupied with ideas or feelings that impair their ability to comprehend the situation and focus on the conflict issues. Action springing from such preoccupation can initiate a set of feedback loops that are self-amplifying. In this article, I suggest that by raising their present moment awareness through formal meditation and informal day-to-day mindfulness practice, parties may reduce preoccupation and thereby amplification. Drawing on Friedrich Glasl's stages of escalation and Magorah Maruyama's work on change-amplifying feedback loops, this article examines how mindfulness might contribute to a greater awareness of psychological and systemic factors that predispose disputants to escalation of their conflict.     

A grass-roots experiment to resolve workplace problems

Leaders from the business, labor, academic, religious, and ADR communities in Massachusetts have gotten together to form a workplace network to encourage the use of ADR mechanisms in the resolution of workplace disputes and problems. The Massachusetts experiment may serve as a model for other states. Current ADR initiatives of the new Network focus on discrimination cases, health and safety issues, and education and training. Susan C. Eaton is a Ph.D. student in industrial relations at the Massachusetts Institute of Technology and a research fellow of the Massachusetts Workplace Network, c/o Sloan School of Management, MIT E52-532, Cambridge, Mass. 02139.Thomas A. Kochan is the George M. Bunker Professor of Management at the Sloan School of Management, Massachusetts Institute of Technology, and the past president of the International Industrial Relations Association (IIRA).     

Determinants of Regional Political Distinctiveness

Scholarly research exploring the phenomenon of regional distinctiveness in Europe, since at least the 1960s, has generated a variety of competing theories to explain the phenomenon, including the following: the persistence of linguistic distinctiveness; the impact of economic distinctiveness; and remoteness. Often these studies operationalize “regional distinctiveness” in different ways, impeding the evaluation of different types of theories against one another. This study develops a novel measure for regional distinctiveness, applied to 161 regions in 11 European countries from 1990–2014, and demonstrates that language, economics, and remoteness work through regional parties to generate regional political distinctiveness, while only linguistic distinctiveness also has a direct effect on such distinctiveness.     

How the Media Shape Perceptions of Right-Wing Populist Leaders

It is often argued that right-wing populist party leaders are dependent on the media for their public image, which in turn is key for their electoral success. This study tests this assumption by comparing the effects of the media coverage of 2 Dutch right-wing populist leaders with the effects of the coverage of leaders of established parties, in a real-life setting, by tracking campaign developments in the Dutch 2006 national election campaign. We combine panel survey data (n?=?401) with repeated measurements of the party leaders' public images with a systematic content analysis of 17 media outlets (with a total of 1,001 stories), on the basis of the media consumption of individual respondents. Our results show significant effects of the content of media coverage on the public image of political leaders. However, only in 1 case (out of 10) is there a significant difference between right-wing populist party leaders and leaders of other parties in the strength of media effects. It thus seems that leaders of right-wing populist parties are just as dependent upon the media as leaders of other parties. The findings are discussed in the light of extant research on right-wing populist parties and media populism.     

Peer Consultation for Mediators: The Use of a Holding Environment to Support Mediator Reflection, Inquiry, and Self-Knowing

In order to help the parties in mediation address their interests, concerns, and responses to the conflict, the mediator must monitor and manage his or her own inner thoughts, emotions, and feelings throughout the process lest they negatively influence the outcomes of the mediation. Peer consultation offers one approach that can be used effectively to support the mediator's inquiry into practice dilemmas and invite self-knowing that benefits the mediator as well as the parties in the mediation. The effectiveness of a group consultation process, however, depends on the development of "a holding environment" that can provide a safe and confidential space within which such an inquiry can occur. The mediation process is improved when the mediator is able to sustain relational and emotional tension within herself and between the parties long enough for new understandings and actions to develop.     

Seeing Theory in Practice: An Analysis of Empathy in Mediation

cush and Folger (1994) in The Promise of Mediation acticulated distinctions between Individualist and Relational ideology, and linked them to specific theoretical orientations to mediation practice, problem-solving and transformative, respectively. Yet, a question persists as to whether these distinctions produce any material differences in practice. This question is approached here through an examination of a single construct in the mediation literature, empathy. The author proposes that the Individualist and Relational ideological frameworks have material implications for the concept and the practice of fostering empathy between the parties to a mediation: The problem-solving framework fosters a social interaction which can be understood as transactional empathy while the transformative framework fosters an interaction described as relational empathy.