Mediator Settlement Strategies

Settling cases poses a challenging task for the mediator. Most disputes are hotly contested by both parties or they would not have progressed to the point of entering the court arena or mediation. Yet, despite differences in the nature of their cases, the organization of each program we have studied, and the style of mediation predominating in each, striking similarities exist in the techniques used by the mediators to settle cases. Observation of over 40 different mediators in 175 mediation sessions in three programs suggests that in order to do the job which they are charged with accomplishing—bringing mediation cases to settlement— mediators develop a repertoire of strategies employing a variety of sources of power. Mediator strategies fall into four principal categories: presentation of self and the program, control of the process of mediation, control of the substantive issues in mediation, and activation of commitments and norms. Mediators empower themselves by claiming authority for themselves, their task, or the program based upon values external to the immediate situation, or manipulate the immediate situation so that settlement is more rather than less likely. Based upon their differential use of these strategies, mediator styles fall along a continuum between two types: bargaining and therapy. Mediation seems to range between a bargaining process conducted in the shadow of the court to a communication process which resembles therapy in its focus upon exploring and enunciating feelings .     

The 'paradox of enrollment': Assessing the costs and benefits of party memberships

Abstract. From Duverger onward, students of party organization have failed to address systematically the question of what party members actually do for 'mass' parties. This article argues that a clearer understanding of the particular reasons why parties want to have members can help us better interpret ongoing changes in relations between specific party organizations and individual party members. This article lists a wide range of arguments that parties are most likely to make concerning the costs and benefits of memberships. Which of these types of arguments a specific party highlights has implications about the types of members it is looking to attract, and about what the party will be willing to offer to attract such members. The article concludes with a discussion showing how the perspective developed here can be used to illuminate recent changes in several German and British political party organizations, changes which, by themselves, may appear to be isolated and meaningless organizational details.     

Libel Lawyers as Risk Counselors: Pre-publication and Pre-broadcast Review and the Social Construction of News1

American libel law presents profound dilemmas about how to provide compensation to individuals for injury to their reputation without destroying First Amendment values of free expression and unfettered public debate. This paper looks at the substantial legal costs incurred by publishers and broadcasters in defending themselves against charges of libel, the response of the courts to limit press self-censorship occasioned by the risks of libel litigation, and the perverse effect they both have on the social construction of the news. These tensions are captured in the role of the media lawyer who reviews news stories prior to publication or broadcast and advises editors about libel risks. Data are presented from interviews of 53 in-house and outside counsel who regularly review stories for newspapers, television stations and networks, magazines, and other news organizations. A paradox emerges: media lawyers, in pursuit of constitutional protections of free speech, have come to enforce responsible journalism, while subtly chilling and shaping the ways the news is told.     

PROBLEMS AND STRATEGIES IN GAINING RESEARCH ACCESS IN POLICE ORGANIZATIONS

“Access” is conceived of as involving passage through two gates: one manned by the top-level authority figures of the organization, and the other by the proposed subjects of one's study. Within this framework, informal contacts, contingent acceptance at successive organizational levels, and self-selection are identified and discussed as the factors most central to an understanding of our successful access into three police organizations and our failures to gain access to two police organizations.     

Legislative Demands for Bureaucratic Policymaking: The Case of State Medical Boards

Abstract While much is known about the relationship between Congress and regulatory agencies, there has been little examination of the role state legislatures play in the activities of state regulatory bodies, particularly those activities related to timely, salient policy issues. This article explores the relationship of state legislatures to medical boards, which are increasingly becoming more policy active. We find that state legislative involvement and influence are the most important determinants of policy‐active state medical boards; institutional elements play a secondary role. Major changes in the private health care delivery system affect legislative involvement and play an indirect role in predicting policy activism. We drew our data from a 50‐state survey of executive directors of state medical boards.     

SELF‐CONTROL AND VICTIMIZATION: A META‐ANALYSIS

A consequential development in victimization theory and research was the idea that individuals with low self‐control self‐select into the various risky behaviors that may ultimately result in their victimization. To establish the empirical status of the self‐control–victimization link, we subjected this body of work to a meta‐analysis. Our multilevel analyses of 311 effect size estimates drawn from 66 studies (42 independent data sets) indicate that self‐control is a modest yet consistent predictor of victimization. The results also show that the effect of self‐control is significantly stronger when predicting noncontact forms of victimization (e.g., online victimization) and is significantly reduced in studies that control directly for the risky behaviors that are assumed to mediate the self‐control–victimization link. We also note that the studies assessing self‐control and victimization are not representative of victimization research as a whole, with intimate partner violence (IPV), violence against women, and child abuse being severely underrepresented. We conclude that future research should continue to examine the causal processes linking self‐control to victimization, how self‐control shapes victims’ coping responses to their experience, and whether self‐control matters in contexts where individuals may have limited autonomy over the behavioral routines that put them at risk for victimization.