Bringing Peace into the Room: The Personal Qualities of the Mediator and Their Impact on the Mediation

The training and development of mediators has focused primarily onenhancing mediators' technical skills and increasing their understandingof the theory behind the practice of mediation. This article focuses on athird aspect of the development of mediators - namely, their personalcharacteristics. The authors contend that a mediator'spresence - more afunction of who the mediator is than what he or she does - has a profoundimpact on the mediation process. Drawing on analogies fromresearch in the physical and social sciences, the article suggests that themost subtle influences of the mediator's affect and manner may in fact bepowerful influences in helping the mediator bring peace into theroom.     

To Disclose or not to Disclose? That is the Question in Collaborative Law

Collaborative Law (CL) is a dispute resolution process increasingly used in family law and divorce designed to encourage problem solving negotiations by parties represented by counsel. Many states have adapted legislation to authorize and facilitate CL and thousands of lawyers have been trained in the CL process. CL lawyers and participants sign a Participation Agreement in which they agree that the lawyers will be disqualified if the CL process terminates without settlement. They also promise full and voluntary disclosure of information. The extent of the obligation of disclosure is, however, unclear. Through analysis of an extended hypothetical divorce settlement negotiation, this article advocates that CL lawyers and clients should assume an obligation to disclose material facts without a request from the other side. Traditional legal ethics, based on an adversarial framework, requires only disclosure of information when requested by another party. In addition, in traditional legal ethics, a lawyer cannot disclose information obtained in the course of the lawyer‐client relationship without the client's consent even if material to the negotiation. Some authority regulating CL, however, suggests that CL participants and counsel should disclose material information without a specific request even if a client does not want the information disclosed. In that situation, the CL lawyer should encourage the client to disclose the information but if the client refuses to do so, withdraw from the representation. This Article reviews the arguments for and against an obligation of affirmative disclosure in CL. It suggests that affirmative disclosure obligations should be the subject of discussion between CL participants and lawyers and that CL Participation Agreements should be drafted to establish a clear obligation. Finally, this article identifies key areas for further discussion and research on CL disclosure obligations.     

Book Notes Resumes de livres

Bernard Schissel and Terry Wotherspoon.The Legacy of Schools for Aboriginal People: Education, Oppression, and Emancipation. Don Mills, Ont.: Oxford University Press. 2003. Pp. viii, 176, bibliographical references, index. Elaine Morley, Scott P. Bryant and Harry P. Hatry.Comparative Performance Measurement. Washington, D.C.: The Urban Institute Press. 2001. Pp. 124, bibliographical references, index.     

Racial and ethnic differences in the risk factors associated with bully victimization

Bullying victimization has been recognized as a social issue facing a large proportion of America’s children and adolescents. Although important contributions to the knowledge base have been made regarding risk factors for bullying, little is known about whether a relationship between the potential victim’s race/ethnicity and their likelihood of bully victimization exists. Further, whether the factors that place persons at risk for bullying victimization are invariant across groups is unknown. The present study attempts to fill these voids in the literature by using a national sample and incorporating a more comprehensive list of predictors compared to what has been used in previous studies. Results indicate that risk factors for bullying are largely invariant across race and ethnicity.     

Situated Justice: A Contextual Analysis of Fairness and Inequality in Employment Discrimination Litigation

A substantial body of sociolegal scholarship suggests that the legitimacy of the law crucially depends on the public's perception that legal processes are fair. The bulk of this research relies on an underdeveloped account of the material and institutional contexts of litigants' perceptions of fairness. We introduce an analysis of situated justice to capture a contextualized conception of how litigants narrate fairness in their actual legal encounters. Our analysis draws on 100 in‐depth interviews with defendant's representatives, plaintiffs, and lawyers involved in employment discrimination lawsuits, selected as part of a multimethod study of 1,788 discrimination cases filed in U.S. district courts between 1988 and 2003. This article offers two key empirical findings, the first at the level of individual perceptions and the second at the level of legal institutions. First, we find that neither defendants' representatives nor plaintiffs believe discrimination law is fair. Rather than sharing a complaint, however, each side sees unfairness only in those aspects of the process that work to their disadvantage. Second, we demonstrate that the very notion of fairness can belie structural asymmetries that, overall, profoundly benefit employers in employment discrimination lawsuits. We conclude by discussing how a situated justice analysis calls for a rethinking of empirical research on fairness. Audio recordings of respondents quoted in this article are available online. ¹      

The impact of stress and coping: Developmental changes in the transition to adolescence

Developmental change in the impact of stressful life events and coping styles were assessed among Israeli preadolescent and adolescent boys. A school sample completed a questionnaire tapping emotionally, cognitively, and practically oriented styles of coping, along with a life event survey. Teachers reported on behavior and adjustment. Analyses revealed that coping among preadolescent males was relatively undifferentiated and of limited efficacy. The transition to adolescence saw an increased qualitative differentiation of emotionally from practically or cognitively oriented coping styles, as well as quantitatively greater use of cognitively oriented coping. Further, cognitively and practically oriented coping served as effective foils to the adverse effects of stress, whereas emotionally oriented coping was counterproductive. Discussion focused on the possible contribution of cognitive growth to coping, as well as the relative utility of adult models for the study of coping in young populations.Received doctorate in educational psychology from University of California, Los Angeles. Current research interests include stress and coping across the life span, social sources of adolescent self-esteem, and intergroup relations in the junior high school.Received doctorate in clinical psychology from Hebrew University. Research interests include social and emotional development in children and adolescents.Received doctorate from Groningen University. Research interests include longitudinal studies of health and well-being in normal families and those with mentally ill members.Received master's degree in clinical child psychology from Bar-Ilan University. Research interests are in family relations and socioemotional development.