Stage Development Theory: A Natural Framework for Understanding the Mediation Process

Scholars and practitioners of mediation have generally paid little attention to the development of theoretical frameworks for understanding what is taking place in the mediation process. By borrowing from stages of adult psychological development theory (in this scheme, physical; hedonistic/impulsive; conformist/authority-seeking; rational/individualistic; and integrative), we can better understand some of the behaviors that people exhibit in mediation and perhaps find ways to help parties expand their behavioral repertoires so that new avenues for resolution appear to them. Using frequent examples from mediation practice, the author describes each stage, then assesses the limits and possibilities of relating this theoretical framework to mediation. She sees this juxtaposition of theory to practice not so much as a how to for mediation practice, but rather as a new window through which mediators can view mediation clients, the mediation process, and their own behavior in the mediation room.     

Is There Touch in the Game of Twister®? The Effects of Innocuous Touch and Suggestive Questions on Children's Eyewitness Memory

Preschool children (ages 48–70 months, N = 48) experienced 2 to-be-remembered events (i.e., the games Twister^® and Shapes) that included either innocuous bodily touch or no touch. Participants were interviewed 7 days later and asked direct (“Did Amy kiss you?”) or suggestive “tag” questions (“Amy kissed you, didn't she?”) equated for content. Results indicated that children who were innocuously touched were no more likely to falsely assent to “abuse-related” touch questions (e.g., “Amy touched your bottom, didn't she?”) than were children who were not touched. However, children who were asked tag questions responded at chance levels, thereby making high errors of commission in response to abuse-touch questions relative to their no-tag counterparts who responded to “abuse questions” accurately 93% of the time. Children who were asked tag questions assented at a higher rate to general forensic questions (“Amy took your picture, didn't she?”) than did children asked direct questions, and children assented at higher rates to “abuse-touch” questions than to general forensic questions. Results are discussed in terms of prior research on interviewing techniques and adult influence on children's testimony.     

Perceptions of Older Adult Eyewitnesses: Will You Believe Me When I'm 64?

Participant-witnesses (young adults/young seniors/older seniors) viewed one of two versions of a simulated videotaped crime (crime context either familiar to young or older adults). The witnesses were videotaped responding to direct and cross-examination questions about the video. The older seniors were significantly less accurate than the young adults and young seniors. Familiarity of the crime context did not affect testimony accuracy. However, the older seniors were more verbose when describing a familiar context. Participant-jurors viewed the testimony videotapes and evaluated the witnesses' credibility. All witnesses were regarded as equally credible in testifying and less accurate in response to cross-examination questioning.     

Menarcheal status and parent-child relations in families of seventh-grade girls

The associations between menarcheal status and several child-rearing and outcome variables were examined for mother-daughter and father-daughter dyads. All variables were assessed with questionnaires as an extension of earlier observational studies. Analyses were conducted via multiple regression analyses wherein menarcheal status was treated as a continuous variable and was entered into the regression equation as a set of power polynomial terms. The results indicated that most of the significant relations occurred for the mother-daughter dyad, and most of these relations were curvilinear. When menarche occurs at or around the modal time, changes in parent-child relations may be best thought of as temporary perturbations, but when menarche occurs early the effects may persist.The research reported here was funded by Father Flanagan's Boys Home, Inc., and by a grant to the senior author from the John D. and Catherine T. MacArthur Foundation, Family Relations in Early Adolescence.Received his Ph.D. in clinical psychology from Harvard University.Received his M.S. from Virginia Commonwealth University.Received her M.S. in counseling psychology from Virginia Commonwealth University.Received his M.S. from the University of Nebraska.She received her Ph.D. in developmental psychology from the Department of Human Development and Family Studies, Cornell University.     

Is Federalism a Political Question? An Application of the Marshallian Framework to Garcia

In Garcia v. San Antonio Metropolitan Transit Authority (1985)the Supreme Court relegated the matter of the wages and hoursof local government employees to the national political processas though the issue were a political question. More importantly,the Court left the determination of whether the issue requirednational political resolution up to Congress. This article appliessome of the writings of John Marshall to the Garcia case inorder to ascertain whether national political resolution ofthe issue was appropriate. Under Marshall's framework, matterswhich involve the enumerated powers of Congress or the impliedpowers of Congress are political issues. However, in contrastto the holding in Garcia, the question of whether a particularissue involves an enumerated or an implied power is a matterappropriate for judicial scrutiny.