Arbitration Effect

Arbitration is changing the United States justice system. Critics argue that arbitration leads to claim suppression. Proponents argue that, compared with courts, arbitration is cheaper and less formal. These claims have not been empirically tested. In particular, whether and how arbitration impacts individuals’ decision to sue remains an open inquiry. This article for the first time shows, in a series of experiments, the impact of arbitration agreements on individuals' decisions to sue. This article calls it the “arbitration effect.” First, we test whether the arbitration effect exists; that is, if arbitration agreements negatively impact individuals' decision to sue. Second, we experimentally test individuals' decisions to opt out of arbitration agreements. Lastly, we assess whether any type of information can “cure” the arbitration effect. The results establish that individuals are less likely to sue in arbitration as opposed to court, hence the arbitration effect. Such an effect, however, does not exist at the contracting stage, meaning that individuals do not shun arbitration when given the option. Further, none of the fundamental attributes of arbitration, as touted by the U.S. Supreme Court, nor win-rates and class actions mitigate the arbitration effect. Equally, informational nudges do not reduce the effect, and individuals do not ascribe negative attributes to firms forcing mandatory arbitration. For decades, courts and lawmakers grappled with issues related to arbitration. The article provides much-needed data on arbitration. Findings cast serious doubts on the ongoing efforts—market-based, judicial, or regulatory—aiming to change the arbitration course.     

Developing Identification with Humanity and Social Well-Being Through Social Identification with Peer Groups in Adolescence

Journal of Youth and Adolescence - Developmental literature highlights that cognitive, moral, and affective development proceeds from concrete operations to more abstract ones. However, it is not...     

Reassessing the Role of Civil Society Organizations in the Transition to Democracy in Spain

Spain's democratization process has mainly been described as a settlement between political elites in which civil society organizations played little part. Yet the literature on Eastern European democratization sets great store by the role of civil society, both for transition and consolidation. Does this different treatment reflect the approach adopted by analysts or the actual contrasting presence of civil society organizations in the relevant periods? The question prompts this re-examination of the role of civil society organizations in the Spanish transition. It finds that the answer depends in part on definitions of civil society, but mainly on the approach taken by authors in presenting their accounts. It finds that the elite settlement perspective silences or removes agency from the Spanish civil society organizations active in the transition.

An alternative view is developed through an in-depth review of the events following the death of the dictator General Franco in 1975 and a textual analysis of Spain's actual definitive settlement, the 1978 Constitution. The research demonstrates that civil society organizations were responsible for disrupting the dictatorship's intention to maintain an authoritarian regime, leaving it no option but to negotiate with civil society organizations such as political parties and trade unions, which were pursuing their own strategic goals towards co-construction of a socially advanced democracy. The article's approach bridges the gulf between top-down and bottom-up accounts of political change in Spain at the end of the Franco regime.     

Changing the Debate About “Success” in Conflict Resolution Efforts

This essay outlines a conceptual framework for discussing success in interactive conflict resolution and in conflict resolution efforts more generally. It first proposes reasons why evaluation is crucial for improving practice. An overview of the new framework and its development are then presented. This gives the reader a window into its construction and some of the challenges of evaluation in conflict intervention processes. Next, the uses of the framework are explained as well as how its use helps to change the debate about successful processes. Finally, this article discusses how the theoretician, practitioner, and researcher-evaluator can use this framework for their own purposes, and how evaluating processes based upon their goals helps to improve the theory, practice, and research of the field.     

Treatment of human-caused trauma: attrition in the adult outcomes research

Attrition or dropout is the failure of a participant to complete, comply, or the prematurely discontinuation or discharge from treatment, resulting in lost data and affecting outcomes. This review of 10 years of adult posttraumatic stress disorder (PTSD) treatment outcome literature specific to Criterion A events of human origin examines how attrition is defined and addressed, methodologically and statistically. Of the 13 experimental or quasi-experimental studies, 11 report attrition information. Compared to treatment completers, attriters more often had elevated pretest scores on PTSD and other symptom measures. The characteristics of dropouts given the intentional nature of the traumatic events reviewed in this study are shared to inform clinical practice. Recommendations for consistent methods in examining, analyzing, and interpreting treatment outcome data are also discussed.     

System-Justifying Functions of Complementary Regional and Ethnic Stereotypes: Cross-National Evidence

According to system justification theory, stereotyping is an ideological process that serves to justify the status quo and bolster the legitimacy of the existing social order. The present research investigates the system-justifying role of complementary stereotypes in which high-status groups are represented as agentic and achievement-oriented and low-status groups as communal and interpersonally oriented. We demonstrate that such complementary stereotypes: (a) reflect a high degree of consensus across high- and low-status perceiver groups; (b) are endorsed more strongly to the extent that system justification motives are chronically or temporarily activated; and (c) serve an ideological function by enhancing the perceived legitimacy of the existing social system. Evidence concerning regional and ethnic stereotypes in Italy, England, and Israel provides converging evidence for the system-justifying function of complementary stereotypes and reveals remarkable similarity in the contents of stereotypes of different groups that happen to occupy similar status positions in their respective societies.     

Policy Styles and the Swiss Executive Federalism: Comparing Diverging Styles of Cantonal Implementation of the Federal Law on Unemployment

This article focuses on the implementation of the federal law on unemployment insurance (LACI) by the Swiss cantons. Starting in the mid 90s, the second revision of the LACI reformed the Swiss labour market policy. Resulting from a political compromise at the federal parliament between left and right wing parties, this law juxtaposes instruments of reinsertion of the unemployed into the labour market with instruments of control of the unemployed. Thus, the implementation of this federal law varies not only by the degree of application but also by the orientation of application. Some cantons implement the reinsertion instruments and neglect the control instruments, others make intensive use of the control instruments and neglect the reinsertion instruments. Some cantons make an intensive use of both types of instruments while a last group of cantons implements the law in a very sketchy way. The second part of this article deals with the concept of policy style, operationalised around four variables, as an explanation of the diversity of LACI cantonal implementation modes. One quantitative variable—the scope of state intervention—is statistically tested in the entire range of Swiss cantons. The other variables—style of state intervention, co‐ordination and interaction modes of social actors and the main traits of the regional political culture—are examined in six cantonal case studies of the LACI implementation process.