MASTERING THE ART OF DISPUTE RESOLUTION: BEST PRACTICES FROM THE FMCS

ABSTRACT

In recent years, mediation has become increasingly popular as a means to resolve conflict. One important issue that arises out of the recent explosive growth in the practice of mediation is: what do mediators need to know in order to assist the parties in resolving their conflicts? To answer this question I conducted participant observation of the Federal Mediation and Conciliation Service's (FMCS) new mediator training program. This case study is unique in that to date, no one from outside the agency has been permitted to observe the FMCS training program. This case study makes a contribution to the existing body of knowledge in that it analyzes the FMCS' new mediator training and development program and shares the best practices from the premier provider of mediation services in the United States. In doing so, this case study sheds light on the knowledge, skills, and abilities that are essential to mediators in a variety of contexts.     

COUNCILLOR/OFFICER RELATIONS IN IRISH LOCAL GOVERNMENT: ALTERNATIVE MODELS

The models of Irish local politics that dominate the literature offer inadequate explanations of the elected politiciad officer relationship. This article analyses the behaviour of the most senior local officer (the county or city manager) vis-à-vis elected representatives by first reviewing the relevant parts of four current models and then offering an alternative explanation by way of a fifth 'divergent interest' model. This final model is in part an amalgam of the other four though it also aims to disaggregate the notion of policy as it is currently used. In particular, it seeks to compromise between the neglect of substantive policy concerns inherent in the brokerage explanation and the epiphenomena1 model's ambivalence on the initiatives available to the manager. A feature of this model is that both managers and councillors have policy and administrative interests but in largely non-competitive areas. The divergence of interests between official and politician arises from differing perspectives established by both consideration of time-scale and socialization. The stability of their relationship is reinforced by the temporal fragmentation of the formal policy making process, and b the non-competing resources over which the manager and his councillors seek command: It is hoped that the divergent interests model offered here will be a useful tool in understanding the relationship between Irish politicians and bureaucrats at the local government level.     

STRATEGY CONTENT AND PUBLIC SERVICE PROVIDER PERFORMANCE IN THE UK: AN ALTERNATIVE APPROACH

This article presents an alternative empirical test of the relationship between strategy content and service provider performance. Strategy content, conceptualized as comprising strategic stance and strategic action, has been shown to be a means to improve public service performance. We contribute to this growing body of research by deriving an alternative typology of strategy to better reflect competitive conditions in the public sector, which existing strategy typologies cannot fully explain. By assuming that public service providers must follow strategies best suited to their internal and external conditions for improved performance, we evaluate the significance of ‘fit’ between alternative strategic stances and organizational characteristics. Compromising the delivery of a strategy invariably leads to a misfit between strategy and what the service provider is actually doing. We highlight how to optimize strategic fit, to maximize service provider performance. Conclusions are drawn for public management theory and practice.     

URBAN MANAGEMENT AND LOCAL GOVERNMENT AS NEW INSTITUTIONS IN THE NEW UKRAINE

Local government and modern urban management techniques will play a key role in the transition of Ukraine's institutions from a communist to a free economy and society. This paper provides a historic context for this transition, discusses the problems encountered in building urban management capacities and local government institutions, and explores what it will take to achieve real change.

The paper places the problems of revitalization and rebuilding of these Ukrainian institutions in historical perspective, with special attention to inherited patterns of Soviet administrative culture. The Sovietization of urban planning and administration, and living standards and the creation of nomenklature (the main governmental “human resource”), are analyzed as the starting point for rebuilding Ukraine's local governments. The paper traces the main sources and consequences of “continuous institutional crisis,” such as distrust, corruption, and deterioration of the capabilities of the Ukrainian state. Also examined are the current effects of economic globalization on the development of local and urban governments.

Following a review of Ukrainian “path dependence” and recent difficulties in institutional building, the paper outlines the most important tasks for future development and an agenda for Ukraine's “institutional entrepreneurs.” The paper emphasizes that it is vital to create a professional, rule-based bureaucracy and merit-based municipal civil service.     

NEW MODES OF CONTROL IN THE PUBLIC SERVICE

Controversy exists regarding whether recent changes in the organization of the public services in the UK and elsewhere constitute a paradigm shift towards a post-bureaucratic form. This article argues that in Britain three fundamental but interlocking strategies of control have been implemented over the last decade. First, there has been a pronounced shift towards the creation of operationally decentralized units with a simultaneous attempt to increase centralized control over strategy and policy. Second, the principle of competition (often attached to the development of market relations but sometimes not) has become the dominant method of co-ordinating the activities of decentralized units. Third, during the most recent period there has been a substantial development of processes of performance management and monitoring (including audits, inspections, quality assessments and reviews), again a phenomenon largely directed towards operationally decentralized units.
Taken together these three strategies do not describe a simple movement from a bureaucratic to a post-bureaucratic form, rather they combine strong elements of innovation with the reassertion of a number of fundamentally bureaucratic mechanisms. This may be a peculiarly British phenomenon, certainly the excessive elements of centralization and formalization appear to depart from the ideal-type of the post-bureaucratic organization. It is argued that this'British trajectory'can best be understood in terms of the continued relative decline of the British economy and the Conservative response to it, i.e. the drive to create a'high output, low commitment'workforce.     

INTRA-ORGANIZATIONAL POLITICS IN LOCAL AUTHORITIES: TOWARDS A NEW APPROACH

Much of the recent literature on local government has emphasized the impact of non-local factors on local authority decision-making. This article argues that the administrative processes, power structures and conflicts of interest inside local authorities can often affect policy processes by mediating external influences and providing an internal dynamic of their own. We suggest that most of the current literature concentrates too narrowly on officer-councillor relationships and invariably emphasizes the total dominance of an officer-councillor elite. Our new approach identifies six possible arenas of policy influence within local authorities (of which the officer-councillor elite is just one) and emphasizes the dynamics of intra-organizational politics inside local authorities.     

FREEDOM OF INFORMATION IN AUSTRALIA, CANADA AND NEW ZEALAND

In 1982, Australia, Canada and New Zealand introduced freedom of information (FOI) laws. The author visited all three countries in 1986-7 to study how the legislation was being used, and its impact on the workings of Westminster-style government. A table summarizes the main features of the legislation. The article discusses the different appeal mechanisms; the implications for ministerial accountability; the level of take-up; the different categories of user; administrative costs and benefits; staffing requirements, refusal rates, fees, etc. Apart from requests for personal files, the level of demand has been relatively low; ministerial accountability remains unchanged; the legislation has successfully protected government secrets; and the overall cost has not proved too great. FOI has not realized its more ambitious objectives, such as increasing public participation in government decision-making; but at the same time, it has not fulfilled many of its opponents' worst fears.     

DECENTRALIZING HEALTH SERVICES IN THE UK: A NEW CONCEPTUAL FRAMEWORK

Decentralization is a central plank of current government health policy. However, it is possible to discern both centralist and decentralist movements in the UK. This paper examines existing frameworks of decentralization in relation to identifying whether policy is decentralist or not and identifies a number of problems that limit their value. Key problems relate to the way decentralization is conceptualized and defined. Existing frameworks are also highly contextualized and are therefore of limited value when applied in different contexts. The paper then presents a new framework which, it is argued, provides a more useful way of examining centralization and decentralization by providing a way of categorizing policies and actions and avoids the problems of being contextually constrained. The paper ends with a discussion of how the framework can be applied in a health context and shows how this framework helps avoid the problems found in previous discussions of decentralization.     

THE NEW SYSTEM OF LOCAL TAXATION IN SCOTLAND: PRINCIPLES AND PRACTICE

This article examines the new system of Scottish local government finance in theory and practice. It argues that reform is based on an economic theory of local fiscal behaviour, and examines the empirical evidence regarding the application of marginal cost pricing principles through the linking of marginal spending to taxation. The research reveals that the application of such principles in practice will be difficult, as only a few services offer direct benefits to all individuals, and as yet the technical precision needed in assessing needs for grant distribution has not materialized. There is little evidence of any impact of financial reform on local expenditure, as a number of intervening variables and assumptions can skew the accountability process.     

CHOOSING ITEMS FROM THE MENU: NEW PUBLIC MANAGEMENT IN SOUTHEAST ASIA

Public sector reform is not new to Southeast Asia. Neither is the import of foreign ideas and practices in the field of public administration.     

CHASING SHADOWS? PERFORMANCE MEASUREMENT OF POLICY ADVICE IN NEW ZEALAND GOVERNMENT DEPARTMENTS

Performance measurement is an integral part of the New Zealand model of public management, as it is for many other modern systems of governmental administration. This article examines data on performance indicators for the policy advice function in five government departments, for the years 1992 to 2005, to determine which types of indicators are used, and to gauge the extent to which they offer meaningful information about the quality of policy advice. As part of its managerialist drive in the early 1990s, the government developed conceptual material designed to improve policy advice and management in departments. In general, our findings indicate that these initiatives did not lead over time to the further development of genuinely meaningful measures of the quality of policy advice, and that the indicators that have been used meet narrow managerial rather than broader political needs.     

STRUCTURAL CHANGE IN THE NHS AND GP UTILIZATION IN ENGLAND UNDER NEW LABOUR, 1997–2003

In this article we compare the pattern of service utilization in the period preceding the health‐care reforms introduced by New Labour with service utilization following the refoms. Data from the 1997 and 2003 waves of the British Household Panel Survey are used to estimate a series of utilization functions. These show that GP utilization overall fell, for women more than men and for the sick more than others. The results suggest that GPs responded to the changing context the reforms created but there are different interpretations of that response. They support the contention that GPs devoted greater attention to preventative services post‐reform than had previously been the case. They are also consistent with the contention that GPs responded less directly to the needs of their patients, either because they became more sophisticated in interpreting those needs or conscious of the increased opportunity costs of responding to them.     

MAKING WORK INVISIBLE: NEW PUBLIC MANAGEMENT AND OPERATIONAL WORK IN CRITICAL INFRASTRUCTURE SECTORS

Based on a study of reliability consequences of New Public Management (NPM) reforms in Norwegian critical infrastructure sectors, this article suggests that the discourse of work found in NPM renders essential aspects of operational work invisible—including practices that are known to be of importance for reliability. We identify two such organizationally ‘invisible’ characteristics of operational work: the ongoing situational coordination required for keeping a water supply system or an electricity grid running, and the aggregating operational history within which this happens. In the reorganized infrastructure sectors, these crucial aspects of operational work fit poorly in market oriented organizational models and control mechanisms. More generally, our analysis contributes to the understanding of how some types of work fit poorly within the discourse of work found in NPM.     

EUROPEANIZATION AND BUREAUCRATIC AUTONOMY IN THE NEW MEMBER STATES: A CASE STUDY OF THE AGRICULTURAL PAYING AGENCY IN SLOVAKIA

The paper explores the impact of Europeanization on bureaucratic autonomy in the new EU member states using as a case study the Agricultural Paying Agency in Slovakia. The paper shows that Europeanization had limited sustained impact on the personal autonomy of senior officials; however, it requires and sustains the personal autonomy of an extensive cadre of mid‐level and junior civil servants. At the same time, it necessitates and continues to sustain significant change in the way agricultural subsidies are distributed, with a high level of autonomy in implementation and a lower, but still significant, measure of autonomy in policy‐making. These conclusions can also generally be supported by evidence from Lithuania and Poland. In addition, the coercive elements of Europeanization interacted with the temporarily high bureaucratic autonomy in Slovakia to ‘open’ non‐coercive channels of Europeanization of agricultural subsidies and beyond.     

POLICING WITH A SMILE: NARRATIVES OF CONSUMERISM IN NEW LABOUR'S CRIMINAL JUSTICE POLICY

A recurrent theme in New Labour's public service reforms has been a tendency to orient services to the user as a consumer or customer of those services. However a consumerist approach – and particularly the 'customer is always right' imperative – appears problematic in relation to criminal justice. This article uses content analysis to explore the use of consumerist narratives by selected members of the UK criminal justice policy network (Prime Minister, Home Office and local government). It finds that the terms customer and consumer are used less in relation to criminal justice than they are in relation to other public services. When used, it is 'law-abiding citizens', particularly victims and witnesses, that are the priority customers of the service. Customer-orientated policing is primarily about standardizing services and encouraging more coproductive behaviours. The language of choice and personalization, which has come to characterize New Labour's approach to public service reform, has as yet had little penetration into criminal justice. However, the policy network is fragmented, with different narratives of consumerism emerging from Tony Blair (the then Prime Minister), the Home Office and local government, demonstrating the contingent ways in which policy-makers draw on historical traditions.     

NEW FORMS OF ADMINISTRATIVE LAW IN THE AGE OF THIRD‐PARTY GOVERNMENT

This article explores the democratic values underlying public services when they are outsourced. Building on Rosenbloom and Piotrowski's (2005a, 2005b) framework, we examine whether and how administrative law norms – that serve as central democratic governance and accountability mechanisms in the administrative state – are extended to the new (private) frontline service providers. Through a study of the regulation of the privatized welfare‐to‐work programme in Wisconsin, we find that new forms of administrative law are evolving in third‐party government. These forms differ from administrative law as it usually applies to public agencies in several important aspects. The findings highlight the active role of legislative and administrative mechanisms in the promotion of these new forms of administrative law; and they shed light on the transformations that administrative law norms undergo in the age of third‐party government.     

PROFESSIONS,INSTITUTIONAL DYNAMICS,AND NEW PUBLIC MANAGEMENT IN THE DANISH HOSPITAL FIELD

ABSTRACT

This article elucidates the role of professionals as stakeholders in the Danish hospital field. The sociological new-institutionalism has illuminated the role of professions as carriers of rationalities and norms and their role in radical changes in organizational fields, but we are short of contributions that elucidate their role as stakeholders in connection with incremental changes in mature organizational fields.

First we focus on what interests professions can be expected to safeguard. We will argue that professions protect and expand their professional rationalities. In mature fields this must be done in interaction with the state apparatus that in numerous ways regulates the professions.

Second we assume that in mature organizational fields, dominated by professional interpretative schemes, the professions’ safeguarding of interests will be tied to their influence on the creation of new institutions within the existing institutional landscape in the field. More specifically we argue that the professions’ opportunities of influence depend on:

The existing constellationof institutions in the field.     

GROUNDING GOVERNANCE IN DIALOGUE? DISCOURSE,PRACTICE AND THE POTENTIAL FOR A NEW PUBLIC SECTOR ORGANIZATIONAL FORM IN BRITAIN

Drawing on debates about the nature and significance of quasi‐autonomous government organizations, this article asks what happens when trends towards agency creation by government and trends towards stakeholder participation in policy processes come together. Issues are considered through an examination of the National Institute for Clinical Excellence, one of a series of new regulatory bodies set up in Britain after 1997 and given the task of providing national guidance on treatments and care for people using the health service. The analysis points to the emergence of a new form – the dialogic intermediary organization. Such an organization, while maintaining close and informal links with government, attempts to build legitimacy for its activities through multiple and potentially competing engagements with diversely constituted publics. The potential theoretical and political importance of dialogic intermediary organizations, and some implications for their fuller empirical study are briefly explored.     

NEW MODES OF GOVERNANCE IN ITALY AND THE NETHERLANDS: THE CASE OF ACTIVATION POLICIES

This article discusses the growing importance of operational reforms in the context of welfare state transformation processes, and the role that principles of new governance play in shaping these reforms. It focuses specifically on one social policy area considered crucial in reforming welfare states: the provision of activation services that aim at increasing the employability and labour‐market participation of people dependent on benefits or social assistance. The article argues that besides the reforms of the programmatic aspects of social policies and social services (formal policy reforms), reforms of the way in which policies and services are organized, administered and delivered (operational policy reforms) have received increasing attention as a ’second strand’ of welfare state reforms. It illustrates this by analysing and comparing reforms of the provision of activation services in two European countries: Italy and The Netherlands. The article not only reveals the growing emphasis in both countries on operational policy reforms which are to an important degree inspired by principles of new governance, but also shows significant similarities and differences in their concrete manifestations, which could be interpreted as pointing out processes of ‘path‐dependent convergence’.