The Past,Present, and Future of Mediation as Seen through the Eyes of Some of Its Founders

This article is drawn from interviews with thirty‐one of mediation's “founders,” those pioneers who began mediating in the 1970s and 1980s, when the field was young. They describe what first attracted them to mediation and why they have remained active in the field. Some told us that they have found it to be both intellectually challenging and interpersonally satisfying to assist disputing parties in their search for a mutually acceptable resolution they could not find on their own. Others see mediation's collaborative approach to decision making as a means of bringing about social and political change that might be otherwise unattainable. The mediators also described the changes they have observed since they entered the field: mediation's dramatic growth, institutionalization in the judicial system, and market domination by lawyers and retired judges. Among the concerns they expressed were the prevalence of a mediation model that focuses primarily on the legal strengths and weaknesses of each party's position, and the dollar amount that should resolve the dispute, with little interest in creative outcomes. Other concerns are a lack of quality control of mediators and trainers, and unproductive debate about whether the “correct” approach to mediation is evaluative, facilitative, or transformative. The mediators who work on public policy matters, including environmental disputes, were the most positive about the opportunity for creativity in their work, considerably more so than those mediators whose practice is primarily business/commercial. The mediators' views of the future of mediation are remarkably similar — their general sense is that the type of mediation that takes place in the shadow of the courts is likely to increase and to become even more routinized than it is at present. Several respondents told us that they also expect to see substantial growth in the use of mediation to resolve public policy issues. Many of these mediators predicted that this type of mediation is likely to be carried out by organizational insiders, rather than outside interveners. As one mediator said, “Maybe there's a new set of mediation roles for people within traditional institutions, not just for free‐standing neutrals.”     

Determinants of the probability and timing of commercial casino legalization in the United States

The adoption of lotteries by state governments has received significant attention in the economics literature, but the issue of casino adoption has been neglected by researchers. Casino gambling is a relatively new industry in the United States, outside Nevada and New Jersey. As of 2007, 11 states had established commercial casinos; several more states are considering legalization. We analyze the factors that determine a state’s decision to legalize commercial casinos, using data from 1985 to 2000, a period which covers the majority of states that have adopted commercial casinos. We use a tobit model to examine states’ fiscal conditions, political alignments, intrastate and interstate competitive environments, and demographic characteristics, which yields information on the probability and timing of adoptions. The results suggest a public choice explanation that casino legalization is due to state fiscal stress, to efforts to keep gambling revenues (and the concomitant gambling taxes) within the state, and to attract tourism or “export taxes.”     

Desperation votes and private interests: an analysis of Confederate trade legislation

The Confederate Congress passed draconian trade legislation in February 1864 to regulate the blockade running business in contrast to their free trade agenda. This legislation created higher prices and deadweight costs except in areas under Union control. We examine the series of votes and proposed amendments relating to the passage of this legislation and find that representatives were more likely to vote for trade regulations if their districts would be largely unaffected by the legislation, such as those districts under Union occupation. This private interest explanation provides a heretofore unexplored historical example of public choice theory under extreme conditions.     

Negotiation or Mediation?: An Exploration of Factors Affecting the Choiceof Conflict Management in International Conflict

The conditions under which negotiation or mediation are chosen in internationalconflict have been little studied. Previous research has tended tofocus on the motivations and rational calculations of the states involved.Scant attention has been given to examining the effect of the context onthis choice. In this article, we present a framework for studying the contextualconditions under which negotiation or mediation are likely to takeplace. Employing an original data set, we find that negotiation tends to beused when conflicts are relatively simple, of a low intensity, and when bothparties are relatively equal in power. Mediation, on the other hand, tends tobe used in disputes characterized by high complexity, high intensity, longduration, unequal and fractionated parties, and where the willingness ofthe parties to settle peacefully is in doubt.     

Visual Culture as Historical Document: Sir John Drummond Hay and the Nineteenth-Century Moroccan Pottery in the National Museum of Scotland

The National Museum of Scotland in Edinburgh possesses a substantial collection of unpublished nineteenth-century Moroccan ceramics, including 49 pieces from the collection of Sir John Drummond Hay, British Minister Plenipotentiary in Morocco from 1845 to 1886. The Drummond Hay wares are of considerable interest to scholars of history and visual culture alike, as the personal collection of a major figure in nineteenth-century Anglo-Moroccan relations, and as representatives of a part of Moroccan visual culture that has been largely ignored within recent discourses of Islamic art history. This paper is the result of a research project into the history of the Drummond Hay ceramic group, examining not only the formal qualities of the ceramics but also their particular social history, and the insight their story provides into perceptions of the Maghreb in nineteenth-century Britain.     

Double Your Trouble: Dual Arrest in Family Violence

When arrest is mandated for domestic violence crimes the arrest of two individuals, or dual arrest, often occurs. This study examines the characteristics of the crime and the people caught in dual arrests, with a special emphasis on the women arrested. The data were drawn from a population of 4138 disposed family violence cases in the criminal court, 448 of their arrest records, and 90 prosecutor files. Thirty three percent of the 448 cases disposed were dual arrests. Persons subject to dual arrest were primarily white, young, nonurban, unmarried employed persons. The incident was likely to involve alcohol or drug use and physical beating with hands or fists. Forty percent of the women arrested were previously victimized in a domestic violence incident. Findings suggest that dual arrests may reflect both the differential use of violence in domestic relations and the over enforcement of policy by some police departments.