Empowering Students to Create and Claim Value through the Thomas–Kilmann Conflict Mode Instrument

In a world of problem‐solving lawyering, principled negotiation, and integrative bargaining, to describe a negotiation as “distributional” may strike some as heretical. Still, we disserve our students if we ignore distributional bargaining altogether. Unfortunately, many law students who are drawn to negotiation classes bring with them a fundamental discomfort with claiming value. Contrary to the stereotypes that attribute aggression and “sharp practices” to lawyers, many law students struggle to become more assertive. The Thomas–Kilmann Conflict Mode Instrument (TKI) is one tool that I have found can help raise students' awareness of, and comfort with, the reflexive responses to conflict that can impede their attempts to claim as well as create value in negotiation. The insights students gain from taking the TKI can be quickly put to use in the next negotiation role play. Although it may help students realize their dominant response to conflict, the TKI highlights that no single approach to negotiation is always best. Thus, the TKI can both encourage the reticent to claim more value in negotiation and suppress the seemingly insatiable appetites for value claiming that drive other students. When administering the TKI, I encourage students to learn at least four major lessons:

• 1 A negotiator has a choice in resolving the dilemma between value claiming and value creating. We are not just stuck with our reflexes.
• 2 Still, it is good to know what our reflexive response to conflict is likely to be so that we are more mindful of the choices as we make them.
• 3 Departing from reflexes requires energy: preparation, planning, mindfulness, and conscious effort.
• 4 Adaptability is desirable. A well‐integrated negotiator might move from one TKI “type” to another as a negotiation progresses.

In this article, I seek to give a very brief overview of the ways I have used the TKI to convey these lessons, increasing students' comfort with, and management of, value claiming. To this end, the article will describe the TKI, explain how I administer and debrief the students' encounter with it, and point out some potential pitfalls of this process.     

Correctional Policy for Offenders with Mental Illness: Creating a New Paradigm for Recidivism Reduction

Offenders with mental illness have attracted substantial attention over the recent years, given their prevalence and poor outcomes. A number of interventions have been developed for this population (e.g., mental health courts). They share an emphasis on one dimension as the source of the problem: mental illness. Their focus on psychiatric services may poorly match the policy goal of reducing recidivism. In this article, we use research to evaluate (a) the effectiveness of current interventions, and (b) the larger viability of psychiatric, criminological, and social psychological models of the link between mental illness and criminal justice involvement. We integrate theory and research to offer a multidimensional conceptual framework that may guide further research and the development of efficient interventions that meaningfully reduce recidivism. We hypothesize that the effect of mental illness on criminal behavior reflects moderated mediation (i.e., the effect is direct in the case of one subgroup, but fully mediated in another); and that the effect of mental illness on other “recidivism” is partially mediated by system bias and stigma. We use this framework to propose three priorities for advancing research, articulating policy, and improving practice.     

An examination of dependence power, father involvement, and judgments about violence in an at-risk community sample of mothers

Individuals sometimes remain in dysfunctional, and even violent, relationships due to a perceived dependence on a partner. We examined the influence of dependence power judgments (defined by a combined assessment of mother commitment, perceived father commitment, and perceived father alternatives) in a community sample of mothers potentially bound to a relationship with the father of her child. We also considered the influence of perceived father involvement in the child's life on judgments related to dependence power. Using a survey design with a sample of 100 mothers (age: 16-43, M = 29.16, SD = 7.17 years old) enrolled in a local Early Head Start/Head Start program, we observed that a mother's perceived father involvement was positively associated with judgments of her dependence power. Furthermore, we observed that her assessment of dependence power was negatively associated with her tolerance for both physical and psychological violence as well as the use of destructive child discipline tactics.     

Influencing expert judgment: Attributions of crime causality

Purpose. The present research aimed to investigate the effects of attribution on expert clinical judgment in comparison to semi‐experts and laypeople. Two research questions were addressed. First, would experts be less subject to attributional manipulations, in terms of their perceived ratings of dangerousness, than would semi‐experts or laypeople? Second, would experts be less subject to attributional manipulations, in terms of their assessments of offender responsibility, than would semi‐experts or laypeople? Method. A 3×3×2 mixed groups design was implemented. Participants read nine crime scenarios that had been internally or externally manipulated. For each scenario, participants were asked to rate offender dangerousness, offender responsibility, and the seriousness of the crime and to suggest a suitable sentence length. Targeted recruitment was employed, yielding 12 experts, 21 semi‐experts, and 22 laypeople. Results. Offenders were considered to be more responsible for their actions and more dangerous to others in the internal manipulations than in the external ones across all crime types and by all levels of expertise. Findings indicate that semi‐experts are less subject to the influence of attributional manipulations than both experts and laypeople. Marked similarities in the pattern of expert and lay person judgments can be observed from the present analyses. Conclusions. The current findings lend support to previous research in the area in that similarities between expert and lay person judgment were observed. However, through expanding and clarifying the levels of expertise investigated, the current findings highlight the need for greater research into the distinct ‘semi‐expert’ group.     

DIVORCE AND ATTACHMENT RELATIONSHIPS: THE LONGITUDINAL JOURNEY

What are the longitudinal consequences of disrupted attachment relationships, and what bearing might that have on our thinking about divorce custody matters? In this paper, Alan Sroufe, William Harris Professor of Child Development, University of Minnesota, addresses these issues. Sroufe is a lead researcher on the Minnesota Longitudinal Study of Childhood, now a 30‐year research program that sets out to explore the development of children growing up in climates of chronic socioeconomic risk. This study is widely attributed with providing an “organizational perspective” on early attachment and an ecological map of the child's growing ability to cope with chronic environmental and familial strain across lifetime. In this interview, Sroufe offers candid views from his longitudinal research, emphasizing the influence of attachment security in the progression of relationship competence across the life span, and considers implications for complex custody matters.     

Does the Controversy Matter? Comparing the Causal Determinants of the Adoption of Controversial and Noncontroversial Rape Law Reforms

Do the causal determinants of legal change differ for controversial and noncontroversial laws? Using rape law reforms as an example of legal change, I answer this question via a longitudinal examination of the intrastate characteristics and interstate processes that affect the adoption of both controversial and noncontroversial rape law reforms. The results show that the adoption of partial reforms significantly decreases a state's likelihood of passing a stronger version of the reform only for controversial rape law reforms. Other factors, such as women's economic power and the interstate process of diffusion similarly affect both controversial and noncontroversial reforms. Thus, contrary to the idea that the process of diffusion operates differently for controversial reforms, the results indicate that spatial proximity negatively affects the adoption of both controversial and noncontroversial rape law reforms. These findings have important implications for theoretical explanations of legal change, research on rape law reforms, and social movement research and activism.     

Police use of TASERs in the restraint and transport of persons with a mental illness

The mentally ill are overrepresented in the statistics of individuals killed or injured by police and it is understandable that police would seek a weapon, such as a TASER, that is less lethal than a firearm. However, it appears that use of TASERs is not without risk, especially in certain groups, including the mentally ill. The risk of injury to vulnerable people with a mental illness from TASER weapons must be weighed against the risk that escalation to lethal force may cause if a person with an acute mental illness requires restraint. When police officers are carrying out their duties under mental health legislation it is recommended that TASERs be used only when an individual is imminently likely to sustain or to cause grievous bodily harm. This article recommends changes to the Western Australian Police TASER training programs and proposes mandatory medical assessments after the use of TASER restraint.