Measuring both the art and science of mediation

Conclusion An art is best observed, and the effort to specify the criteria for watching art is a worthy enterprise. Like all art criticism, however, it is not clear to me that we will always have convergence in our evaluations. If theInterim Guidelines are tested in more settings (and subjected to test validation studies) we will learn more about whether it is possible to create a science of evaluation in this field.With all my reservations, I still applaud the effort to create standards for evaluation, based on actual performance of the task. I hope there will be further opportunity to test and refine these performance standards so that they may be used in a professionally responsible way to facilitate good screening, training, and evaluation of mediators in a wide variety of settings. Carrie Menkel-Meadow is Professor of Law at the UCLA School of Law, 405 Hilgard Ave., Los Angeles, Calif. 90024-1476.     

Personalized or bureaucratized justice in legal services: Resolving sociological ambivalence in the delivery of legal aid for the poor

This paper examines and tests some of the claims about the professional autonomy of attorneys working in a bureaucratic environment. Following an analysis of the concept of professionalism across various types of attorney practices, data are offered to explore how attorneys who provide legal services for the poor resolve the potential conflict between bureaucratic demands and personal or professional autonomy. The data, which consist of attorney time sheets covering some 2284 separate legal tasks as well as in-depth personal interviews with 23 attorneys, reveal some difference between actual practice routines and perceived personal autonomy. Implications of this for the delivery of legal service are discussed. The paper concludes that although the conflicting demands of legal services practice might lead to sociological ambivalence, as long as the attorneys do not perceive themselves as bureaucratic service deliverers but as autonomous professionals, there is little manifest ambivalence. Developing an adaptive strategy to avoid sociological ambivalence, attorneys see themselves as individual service providers, personalizing the justice they deliver.A lawyer is a lawyer-but only to a pointAn earlier version of this paper was presented to the Midwest Political Science Association Annual Meeting, Milwaukee, Wisconsin, April 28–May 2, 1982.     

The Next Generation: Creating New Peace Processes in the Middle East

This essay describes how Israeli students in a course on mediation and consensus building taught in an Israeli university law department by an American law professor and an Israeli instructor analyzed and studied the conflict in the Middle East. It describes the suggestions they made for process design for the next stages of whatever peace process might emerge for the region. In light of the students' suggestions, the authors present some ideas as to how different approaches to reconciliation and peace might be used, managed, and coordinated.     

Public Action for Public Science: Re-imagining the Leopold Center for Sustainable Agriculture

ABSTRACT

In Iowa, the heart of the United States Corn Belt, a small, publicly funded research center has championed alternative agricultural practices and fostered the creation of a sustainable agricultural community over the past 30 years, but its future is now uncertain due to funding cuts and increased corporatization of the university. We share our engagement in a grassroots campaign to restore and, ultimately, to re-imagine the future for the Leopold Center for Sustainable Agriculture as an act of ecofeminist praxis. This process documents the beginnings of a transformative moment. We find opportunities to begin a new dialogue about the place of a sustainable agricultural center, the role of science created by and for the public, and a new relationality among scientists, farmers, animals, and the Earth.     

The role of gender in officially reported intimate partner abuse

The role of gender in intimate partner abuse (IPA) perpetration and victimization has been debated for the last several decades. Two perspectives have emerged regarding this debate. Researchers from the family violence perspective argue that men and women are violent at near equal rates and call for a reframing of the issue from one of woman battering to one of family violence. In contrast, feminist researchers maintain that men make up the majority of perpetrators and women the majority of victims in cases of intimate partner abuse. While some have put forth arguments explaining these differences, this debate is far from over. Using official reported cases of IPA, this study examines 815 IPA cases of which 13% were female perpetrated in an attempt to clarify gender differences and similarities among male and female offenders beyond prevalence rates. Special attention is paid to contextual differences and similarities and implications this research has for future research and policy.     

Sudden infant death syndrome: diagnostic practices and investigative policies, 2004

Using a 2004 population-based survey of all US medical examiner and coroner offices, we examined the characteristics of offices accepting an infant death case and calculated the percentage of offices that had death scene investigation or autopsy policies for the investigation of sudden unexpected infant death (SUID). We also calculated the percentage of offices that used and did not use sudden infant death syndrome (SIDS) as a cause of death, and we compared differences in characteristics among those offices.Of medical examiner and coroner offices, 52% did not report an infant death in 2004. Of the 7957 infant deaths reported, 43% occurred in jurisdictions that experienced 1 or 2 infant deaths. Of the offices that used SIDS as a classification, 34% did not have policies for conducting death scene investigations and autopsies for SUID. At least 5% of offices that reported an infant death did not use SIDS as a cause of death classification. These findings have important implications for understanding recent trends in SIDS and SUID. Supporting the implementation of national standards for investigating and certifying infant deaths could provide guidelines for consistent practices in medical examiner and coroner offices.