劳动争议调解机制比较——转化型调解模式与传统的调解模式的区别

常见劳动争议调解模式有四:指导型调解、分析性调解、评估型调解及转化型调解.前三种的成败有赖于调解员在和解的过程中说服双方达成协议的主导性能力,侧重利益的分割,因而压抑了当事人对纠纷解决的主动性.而转化型调解则要求发挥当事人的作用,即通过协助当事人健全自我认知、体会对方的立场,转变对事件的感知,促成理解,重建共识,化解纠纷.可见,这不仅减少了制度负担,也有更好地尊重当事人意愿,更大程度上修复社会关系的效果.     

Reviews

Ways of Seeing Red

Mary Joannou, ’Ladies, Please Don't Smash These Windows’: Women's Writing, Feminist Consciousness and Social Change 1918–38, Oxford: Berg, 1995, £14.95.

Gen Doy, Seeing and Consciousness: Studies in Women, Class and Representation, Oxford: Berg, 1995, £14.95.

A Fragile Space

Gill Perry, Women Artists and the Parisian Avant‐Garde: Modernism and ‘Feminine’ Art, 1900 to the late 1920s, Manchester: Manchester University Press, 1995, £45, £16.99 (pbk.).

Poetic Dissent

William McCarthy and Elizabeth Kraft (eds.), The Poems of Anna Letetia Barbauld, Athens, GA: University of Georgia Press, 1994.

Fictional and Actual Nobodies

Catherine Gallagher, Nobody's Story: The Vanishing Acts of Women Writers in the Marketplace 1670–1820, Oxford: Clarendon Press, 1995, £25.

Edward Copeland, Women Writing about Money: Women's Fiction in England 1790–1820, Cambridge: Cambridge University Press, 1995, £35.     

Human rights for women: an argument for 'deconstructive equality'

The status of universalism has been much debated by feminists at the end of the twentieth century. Poststructuralist feminism is readily positioned in these debates as antagonistic to normative universalism. It is criticized as such: how is injustice to be judged and condemned if contestation and the openness of ungrounded universalism are the only ideals? This paper is a 'sub-philosophical' enquiry into the normative commitments to equality implicit in poststructuralist feminism and its relationship to 'actually existing' human rights for women as they have been re-worked by the international feminist movement. It argues that poststructuralist feminism can be used to provide support for one possible understanding of equality encoded in the Convention on the Elimination of All Forms of Discrimination Against Women. It addresses feminist concerns over universal rights as androcentric and ethnocentric, arguing that extending human rights to women is compatible with poststructuralist commitments to anti-essentialism and anti-foundationalism and required by the model of 'deconstructive equality' implicitly shared by CEDAW and poststructuralist feminism.     

Encounters with the clandestino/a and the nomad: the emplaced and embodied constitution of non-citizenship

Taking the ‘encounter’ as an analytic, this paper will argue for an understanding of citizenship as an emergent condition that is emplaced and embodied, rather than as simply a collection of rights to be possessed or endowed. This is not to deny the importance of legal status to the ways in which one inhabits the city (and therefore the nation-state), but show how this status is modulated in the everyday to constitute a range of legitimately and illegitimately present non-citizen subjects. The nature of the encounter as a constitutive event in which particular bodies are deemed in- or out-of-place will be discussed relative to two imagined figures that have been used to represent outsiders that are deemed to be illegitimately present in Italy: the clandestino/a and the nomad. These figures have been invoked in legislation and in political and popular discourse. In this paper, they are also imagined to be encountered in the spaces of the city.     

Looking for Sustainability in Not‐for‐Profit Program Delivery: An Experiment in Providing Post‐Bushfire Recovery Programs

This article examines an experiment in delivering services and programs in communities that were affected by the 2009 Victorian bushfires. Three not‐for‐profit agencies received funding to develop and deliver programs over a period of three years with the aim of achieving sustainability for the programs thus created. They were not constrained by the requirements of normal government funding, which is short term, subject to competitive tendering and targeted at specific programs and client groups. The nature of the funding allowed the three agencies to introduce innovative programs tailored to the needs of the community and with the aim of building community capacity. However the question of whether the programs are sustainable when existing funding runs out remains open.