Improvisation and Negotiation: Expecting the Unexpected

Negotiators must improvise. As the negotiations process unfolds, they work with new information, continually making decisions along the way to achieve favorable results. Skilled improvisational jazz musicians and actors perform in similar ways: they repeatedly practice song chord progressions and notes or scene guidelines before a performance; then, during the performance, they work with the information or the music they hear in order to react and respond, making decisions along the way to produce dazzling music or a compelling scene. In this article, two experts in negotiation, a jazz-improvisation scholar, a former member of an improvisational theater troupe, and a psychotherapist versed in therapeutic improvisational techniques explore the improvisational nature of negotiation.
Several aspects of negotiation are similar to improvisation. Both negotiators and improvisational performers need to have a similar mind-set to be successful, both need to recognize and/or change that mind-set at times, and both must craft creative solutions. But there are some significant differences between improvisational performance and negotiation practice, which this article also notes. For example, personal charisma ("star quality") is a common attribute of successful performers, but not something negotiators may always rely on. Similarly, improvisational artists usually work as a team, while a negotiator is often on his or her own. Nonetheless, the incorporation of improvisation techniques into the negotiation skills repertoire holds great promise for practicing negotiators and is a worthy topic of future negotiation research and teaching.     

The Penal Voluntary Sector in England and Wales: Adaptation to Unsettlement and Austerity

This article draws on some findings from research which investigated penal voluntary sector adaptation to the mixed market in criminal justice services. The article firstly reprises the main trends for aligning state relationships with the voluntary sector from the 1980s to the present. We then outline some findings about adaptive experiences, situations and practices of the voluntary sector in criminal justice resettlement in the light of considerable upheaval. The research found that service providing voluntary sector organisations (VSOs) either outwardly comply with, or, in a minority of cases, actively embrace, competitive marketised models of service delivery. Secondly, the sector has normalised commercial approaches to organisational efficiency as well as aligned with bureaucratic practices common to the statutory sector. Despite charges that they are effectively co‐opted by both state and market interests, many have reported conflicts between prioritising long‐term financial viability with their founding ‘ethos and values’. We conclude that while many VSOs have successfully adjusted to market and bureaucratic norms, aspects of that repositioning have been at a cost to their traditions of relative autonomy, localism and distinctiveness, to the possible detriment of a vigorous civil society.     

The Ongoing Reforms to China's Government and State Sector: The case of the energy industry

Though the reforms announced by the Chinese government in the spring of 1998 appear to be substantial and wide ranging, by themselves they may have little impact either on the effectiveness of government or on the performance of the state industries. Two outstanding problems are the structure and allocation of responsibilities within the government, and the excessive power of the state companies. The tasks of regulation and policy formulation in the energy sector should be clearly allocated in a simple administrative structure which specifically excludes any role for the state companies. The present structure of the state-owned energy industries is such that these companies have a great deal of power, not only in the market but also with respect to the government.     

Amnesties in International Law: The Experience of the Special Court for Sierra Leone

The Special Court for Sierra Leone, a hybrid criminal tribunalestablished to try persons accused of serious crimes duringthe conflict in Sierra Leone, has recently commenced its judicialoperations. Several of the preliminary issues raised by variousdefendants have required the Court to examine the validity ofthe amnesty granted to combatants by the Lomé Peace Agreementand the amnesty's impact upon the Court's jurisdiction to trythe defendants. This article examines the decisions of the Courton the amnesty issue and evaluates the jurisprudence of theCourt with reference to the current status of amnesties in internationallaw.     

Britannia waived the rules: The Major government and the 1994 Rwandan genocide

Ten years after the 1994 Rwandan genocide occurred, seriousquestions remain about the circumstances of the British government'sresponse. This article critically evaluates the response ofJohn Major's government to the genocide. It does so in fourstages. The first section provides a brief overview of the Majorgovernment's international agenda in 1994, focusing on Britishpolicy towards the war in Bosnia and the African continent ingeneral. The second section deals with the substance of Britain'sRwanda policy, while the third discusses the ways in which thispolicy has been almost totally omitted from mainstream accountsof this period. The final section provides a critical evaluationof some of the tactics that British officials employed to avertcriticism of their government's policies. Based on the evidencepresented we conclude that the British government displayeda deeply troubling indifference towards the victims of Rwanda'sgenocide.