The Impact of Gender and Department Climate on Job Satisfaction and Intentions to Quit for Faculty in Science and Engineering Fields

This study investigates whether gender and the perceptions of department climate affects faculty job satisfaction and intentions to quit (work outcomes) with surveys responses from 308 faculty members in science and engineering fields. The study finds that both gender and department climate are related to work outcomes and that two facets of department climate (affective and instrumental) mediate the relationship between gender and both job satisfaction and intention to quit. This finding suggests that universities can benefit from improving department climate, which then may improve the retention of both male and female faculty, but may have an even greater impact on improving job satisfaction and reducing intentions to quit of female faculty.     

DIVORCE MEDIATION: Research and Reflections

Mediation and other forms of alternative dispute resolution (ADR) grew rapidly in the last few decades as a result of high divorce rates, frequent conflicts between parting parents, the resulting administrative burden on courts, and especially concerns about damaging effects on children and postdivorce family relationships. This article focuses on our longitudinal research involving randomized trials of mediation and adversary settlement to support the conclusions that mediation can: (1) settle a large percentage of cases otherwise headed for court; (2) possibly speed settlement, save money, and increase compliance with agreements; (3) clearly increase party satisfaction; and (4) most importantly, lead to remarkably improved relationships between nonresidential parents and children, as well as between divorced parents—even twelve years after dispute settlement. The key "active ingredients" of mediation are likely to include: (1) the call for parental cooperation over the long run of co-parenting beyond the crisis of separation, (2) the opportunity to address underlying emotional issues (albeit briefly), (3) helping parents to establish a businesslike relationship, and (4) the avoidance of divisive negotiations at a critical time for family relationships. We call for more research on mediation and other forms of ADR, as well as a renewal of the excitement and optimism of the "first generation" of mediators, qualities that are "active ingredients" in any successful social or psychological intervention.     

MEDIATING JUDICIAL POLICY

Despite the widespread use of mediation to resolve public policy disputes, there is little written on the mediation of judicial rule disputes. A successful mediation of a dispute over proposed court rules to govern mediation of certain family law cases involving domestic violence concerns is reviewed. The authors conclude that the mediation provided (a) a confidential venue for disputing judges to respectfully disagree with one another, (b) an opportunity for collaborative problem solving, (c) an opportunity to reduce conflict among judicial colleagues. (d) a format for dialogue with other stakeholders, and (e) greater degree of influence with regard to the outcome of the dispute. Specific recommendations to encourage the effective use of judicial policy mediation are offered.     

刑事调解制度在我国构建的文化与理论基础——从构建和谐社会的视角

任何一种法律制度的存在都根植于一定的文化与理论基础之上,刑事调解制度也不例外。研究刑事调解制度构建的文化与理论基础,可以为刑事调解制度的构建提供理论上的支持与制度设计上的参考;而刑事调解制度的成功构建,能够有效地促进我国刑事司法的人性化,更好地推动我国和谐社会的建设与发展。     

民警在治安调解中的效力分析

治安调解作为警察行政管理中的一项重要职能,对维护社会治安、稳定公众情绪起到至关重要的作用。在市场经济体制下,我国基层公安民警愈来愈多地面临着在处理治安违法的同时需要附带解决由此产生的经济纠纷,具有化解群众矛盾、厘清经济纠纷作用的治安调解被广泛运用于治安执法过程中。然而,在立法和司法实践中,治安调解与人民调解、诉讼调解的效力并未实现有机衔接,有必要厘清应对之策。     

The European Union in Sudan: A Missed Opportunity?

Abstract

International organisations active in Africa are often criticised for their ineffectiveness. So too is the European Union (EU), which is also accused of failing to assume a more prominent conflict management role in war-torn countries. This article examines the EU’s capacity and readiness to take on such a role in one such country, the former Republic of Sudan, home to Africa’s longest-running civil wars and the first ‘genocide’ of the 21st century. It begins by outlining the EU’s record in Darfur and the North–South Peace Process. Drawing upon 25 interviews and Hill’s ‘capabilities–expectations model’, it then questions whether the EU’s ‘capabilities’ (resources, instruments, unity) were ‘fit for purpose’ in Sudan’s hostile target setting. It concludes by identifying settings that have been more propitious for a conflict-related management function and by suggesting that the EU should better manage expectations about future security roles.     

Beyond the Thomas–Kilmann Model: Into Extreme Conflict

This article discusses an extension to the Thomas–Kilmann conflict mode instrument (Thomas and Kilmann 1977) designed specifically for conflict situations in which strong negative emotional relationships are at play. The Thomas–Kilmann (TK) model is widely used to help participants (disputants and mediators) identify how two basic conflict characteristics interact to influence how stakeholders shape their actions with regard to their interests. Essentially the TK Model is built on the premise that the two salient conflict variables are the relative importance of the relationships at hand and the substantive issues being discussed. These variables are illustrated with a simple matrix that shows how each party will interact with the other based on the relative importance it places on these variables. Graphically illustrating where the behaviors fall on the matrix can explicate parties' behaviors to add a new perspective that may change the dynamic of the conflict. But the TK Model does not address scenarios in which individuals have very negative or destructive relationships, and sabotage, blocking, and exclusion are behavioral norms. Hence, we developed the Baumoel–Trippe (BT) Extension to the TK Model to address the highly negative and often identity‐based conflicts that are often found in the world of family business. Accordingly, the BT Extension to the TK Model explores conflicts in which the relationships are not merely unimportant or uncooperative, but where they become negative to downright vengeful. There is so much at stake for family business stakeholders that the family relationships may become so adversarial that the very business and family harmony all parties value are at risk. With our extension of the TK Model, we seek to provide insight into how decisions might be made when stakeholders are in highly negative, conflictual relationships.     

行政诉讼司法建议制度的功能衍化

行政诉讼司法建议原本是一项裁判执行措施,但随着最高人民法院司法政策的变化,其发挥的事实功能被大大扩展。实践中,行政诉讼司法建议在规范性文件修改中发挥着功能性审查的作用。从社会变迁的视角观察不难发现,维稳压力、协调和解政策与地方发展型政府的模式变迁,诱发了对于行政诉讼司法建议的制度性需求,从而迫使司法建议成为行政诉讼工具箱中的重要工具。行政诉讼司法建议制度的功能衍化,为法社会学研究提供了一个极具价值的制度样本,亦为行政诉讼法的未来发展提供了背景材料。     

公安机关对轻微刑事案件的处理机制探析

轻微刑事案件由于其所特有的社会危害性较小、可调解及和解性,在侦查阶段便可通过协商机制予以解决,不必进入公诉司法程序,而在已经进入公诉程序的案件中亦可以通过恢复性处理机制对案件嫌疑人进行惩改。公安机关在侦查阶段对轻微刑事案件进行调解具有现实必要性及价值,同时也存在相关问题,需要完善侦查阶段调解的路径,形成处理此类案件的常态化机制。     

法院调解热成因浅析

我国法院调解热现象,是由法院调解的内在价值和外部因素共同作用的结果。法院调解制度在我国具有深刻的精神基础、制度基础和普通民众的心理基础,从而使它在解决纠纷机制中占据重要的位置。