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.     

BALANCING RESEARCH AND ORGANIZATIONAL CAPACITY BUILDING IN FRONT‐END PROJECT DESIGN: EXPERIENCES FROM DANIDA'S ENRECA PROGRAMME

North–South research capacity building (RCB) partnerships have attracted considerable academic attention during the last two decades, especially with regard to issues related to partnership governance. Less attention has been given to the management aspects of partnership implementation, but in order for partnerships to comply with general governance‐level recommendations, a better understanding is needed of how specific context‐dependent factors influence the development and execution of projects. In this article, we aim to contribute to the understanding of factors influencing the design phase of RCB partnerships and examine how they influence the balance between performing collaborative research and developing general organizational capacity. Data collection was based on a survey (n = 25), and individual interviews and focus group discussions with 17 Danish project managers from the Danish Bilateral Programme for Enhancement of Research Capacity in Developing Countries. Our results lead to rejection of the proposition that RCB projects are either focused on building capacity for research or conducting merit‐based research. Because of the ‘politics’ of the front‐end process, reality is more complex. We identify 11 specific factors influencing front‐end project management related to structure, process and relationship, and we theorize about how these factors influence the choice between research and more general capacity development activities. Copyright © 2013 John Wiley & Sons, Ltd.     

Classifying the torture experiences of refugees living in the United States

Few research studies have systematically categorized the types of torture experienced around the world. The purpose of this study is to categorize the diverse traumatic events that are defined as torture, and determine how these torture types relate to demographics and symptom presentation. Data for 325 individuals were obtained through a retrospective review of records from the Bellevue/NYU for Survivors of Torture. A factor analysis generated a model with five factors corresponding to witnessing torture of others, torture of family members, physical beating, rape/sexual assault, and deprivation/passive torture. These factors were significantly correlated with a number of demographic variables (sex, education, and region of origin). Post Traumatic Stress Disorder, anxiety, and depression symptoms were significantly correlated with the rape factor but no other factors were uniquely associated with psychological distress. The results offer insight into the nature of torture and differences in responses.     

Diversity,identity, and the indeterminacy of the size of nations

Recently economists have explored the impact of ethnic and social diversity on nation size and on the relative efficacy of the production of private and public goods. In a neoclassical framework with perfect and complete information, diversity increases the costs of government, and both the size of government and of the nation are limited. The paper proposes an alternative evolutionary framework building on the economics of identity. With imperfect and incomplete information, the relation between nation size and diversity is indeterminate, because heterogeneity plays an important role for the coordination among actors, and because political organization is crucial for the endogenous formation of preferences.      

Social Motives in Integrative Negotiation: The Mediating Influence of Procedural Fairness

Although a large body of research has examined the influence of social motives on integrative negotiation, little is known about how social motives affect procedural fairness judgments in negotiation. In two experiments concerned with small group negotiation, we manipulated group members' social motives (pro-social vs. egoistic), and measured joint negotiation outcomes and procedural fairness. Experiment 1 showed that, compared to group members with an egoistic motivation, those with a pro-social motive experienced more procedural fairness, which was partly responsible for the higher joint outcomes they obtained. In Experiment 2, we manipulated social motives and decision rule. Results showed that pro-social groups experienced more procedural fairness than egoistic groups when a majority rule was applied, but not when a unanimity rule was applied.     

From conditions of equality to demands of justice: equal freedom,motivation and justification in Hobbes,Rousseau and Rawls

Equal freedom is the common starting point for most contractual theories of justice from Hobbes and Rousseau to Rawls. But while equal freedom defines a common starting point for these theories, this does not result in a general consensus on the conception of justice. On the contrary, different ways of conceptualizing the contractual starting point leads to different conceptions of the demands of justice. To fully understand the relationship between equal freedom and justice we therefore first need to explicate how and why the initial condition of equality is transformed into demands of justice. In this paper we discuss how this transformation takes place in the theories of Hobbes, Rousseau and Rawls, with particular emphasis on the vexed relationship between motivation and justification.     

Participation of Victims in Pre-Trial Proceedings of the ICC

Victims’ participation is usually celebrated as one ofthe major innovations of the International Criminal Court (ICC)system. It has been regulated in great detail by the draftersof the Rome Statute and the Rules of Procedure and Evidenceof the ICC in relation to trial proceedings. However, few thoughtshave been devoted to the question of how victims’ issuesare dealt with before the commencement of the trial. This contributionseeks to close this gap. It argues that victims have a roleto play in the ICC process from the very beginning of proceedings.Moreover, it seeks to clarify how some of the participatoryrights of victims may be addressed in practice.