The Face-to-Face Mediation Program: A Massachusetts success story

Summary An effort that began as an experimental alternative to small claims court for consumer cases has fostered the application of alternative dispute resolution to many other conflicts in Massachusetts. The Attorney General's Face-to-Face Mediation Program, unique in the country, has proven to be an effective local resource to citizens of the state for resolving consumer disputes. The influence of the program has been felt outside the Attorney General's office as well as within.In the two years since this report was written, the Attorney General's Face-to-Face Mediation Program has shown a steady increase both in referrals and in quality of service. Today, all but one of the seven remaining mediation programs is running at or near capacity. In 1988, 84 percent of the approximately 700 cases that were mediated reached agreement, and 96 percent of those agreements were upheld. Suzanne Goulet Orenstein, who is Senior Associate, Program on Environmental Dispute Resolution with The Conservation Foundation, Washington, D.C., formerly was Chief, Local Consumer Groups and Dispute Resolution Activities with the Office of the Massachusetts Attorney General.Kathleen Grant is Coordinator of the Face-to-Face Mediation Program, Public Protection Bureau, The Massachusetts Attorney General's Office, 131 Tremont St., Boston, Mass. 02111.     

Local Property Taxation in South Africa: Current Performance and Challenges for the Post-Apartheid Era

As part of the many changes in post-apartheid South Africa, few large non-racial local governments replace relatively small, racially defined ones. The new constitution reserves property taxation for local governments, making it the only major tax available to localities. Property taxation is being extended into previously untaxed areas, principally those of the former black local authorities. It is expected that pressures on this tax will increase as it is called upon to finance services for the larger population Preliminary assessment-sales ratio studies for a handful of localities indicate a wide range of assessment levels. Such circumstances could undermine the acceptance and legitimacy of the tax and, perhaps, of local government. More frequent valuation might raise both assessment levels and uniformity. Systematic, widespread ratio studies and a closer look at the manner in which values are estimated are needed.     

Policy convergence and policy feedback: Agricultural finance policies in a globalizing era

In a comparative study of five countries: Australia, Canada, the Republic of Ireland, the UK, and the USA, this article examines the degree of convergence of agricultural credit policy content, policy instruments, and policy outcomes on a market liberal model. It shows that all five countries have moved toward market liberal policy arrangements over the past quarter century of globalizing and domestic fiscal pressures, but important differences in policy remain. The Republic of Ireland and the United Kingdom move further toward a market liberal model than do Australia, Canada, and the USA. The distinct national paths taken to market liberalism give rise to policy feedback that hastens or retards the adoption of a fully market liberal system. Historical choices of policy instruments and path dependence help account for continuing policy divergence.     

Olson Triumphant? Recruitment Strategies and the Growth of a Small Business Organisation

This article looks at the emergence and maintenance of interest groups. We systematically identify a range of membership incentives that underpin mobilisation and apply them to a case study, the Federation of Small Businesses (FSB), focusing on the recruitment literature rather than the special niche literature on trade associations. The FSB was created in 1974 and membership was 'flat' at about 40,000 until recruiting method changes were introduced in the early 1990s. The total now approaches 200,000. This account of FSB recruitment argues unsurprisingly that the group resulted from a combination of diverse influences rather than the Truman type of 'automatic' mobilisation. More surprisingly, it notes that while early membership is accounted for by the perspectives of Truman, Salisbury, Wilson, Moe, Opp and Sabatier, the major increases of the past decade requires attention to the contribution of face-to-face marketing and Olsonian incentives. The FSB is an unusually good example of group entrepreneur activity that illustrates how entrepreneur incentives are different from those salient to members. Groups can experience different phases and forms as they grow. We exploit a 'natural experiment' by illustrating how the FSB addressed membership stagnation by changing the recruitment package in a broadly Olsonian direction. The 'before and after' patterns of recruitment allow a 'test' of these techniques. It also raises the issue of how different recruitment efforts produce a membership with different political characteristics.     

Dignity,discrimination, and context: New directions in South African and Canadian human rights law

Conclusion The current approaches to equality law in South Africa and Canada place these jurisdictions at the forefront of serious and comprehensive judicial at tempts to give effect to substantive equality. These attempts to overcome formalism are processes, judicially acknowledged as such, and as yet far from complete. At the conceptual center of the development of substantive equality is the legal realization of human dignity: not an abstract, individualistic notion, but a concept about the relation between the individual and state, and individual and group, which is circumscribed by concern, respect and consideration. But substantive equality is not possible only through the case law. The current issues surrounding intersectional discrimination and the contextual appreciation of a claimant’s circumstances are urgent reminders that the methods and remedies afforded by the structure of litigation of equality rights claims simply cannot accommodate many instances which call for relief. The fact that these inadequacies of court enforced claims are beginning to be laid bare by some of the problems being faced by the Courts in equality claims is perhaps not a failing of equality law and the concept of dignity, but its strength. The methodology of human rights litigation in countries like Canada and South Africa supports a dialogue between court and legislature. As substantive equality develops in these jurisdictions, the limits of judicial development will be challenged. That is ultimately to be welcomed, if the legislatures are responsive to the definition of human dignity and substantive equality in development judicially, and respond with efforts to support and promote these developments.