A Bridge over Troubled Water: Managing Parties’ Mental Illness in Mediation

One in five individuals in society has or will have a mental illness at some point in his or her lifetime. Conflict resolution theory, however, largely assumes that all individuals operate within the range of behaviors considered mentally healthy. Evidence suggests that professionals who deal with conflict, however, may have to deal with individuals who have mental health problems more frequently than would be the statistical norm. Clearly then, new theories of practice and norms of mediator behavior are needed to respond to the distinctive challenges presented by engaging with those who face mental health difficulty. This paper surveys the research on how people with mental health challenges approach and respond to conflict and provides practical advice to conflict resolution professionals on how to recognize and tailor their approach to meet the needs of these individuals.     

No more bullets for ETA: the loss of internal support as a key factor in the end of the Basque group’s campaign

The Basque separatist organisation ETA laid down its arms in 2011 after 40 years of an armed campaign for independence. It was not a consequence of political negotiations. The Basque group did not achieve its goals. Yet, it unilaterally decided to end its armed activity forever. This article analyses why and how ETA ended its armed campaign. It clarifies the events from the collapse of the last peace process in June 2007 to the announcement of the definitive end of ETA’s campaign in October 2011. It identifies the causal factors that led the Basque group towards its end. This article contends that the end of ETA’s campaign is a case of transformation triggered by its constituency’s withdrawal of support for the armed struggle. The leadership and social base of the political movement to which ETA belongs concluded that political violence was not effective anymore and, furthermore, was damaging for the Basque pro-independence movement. After an internal struggle, in which the faction advocating for exclusively political means prevailed, ETA was driven towards a unilateral abandonment of armed struggle.     

British Communists and the 1932 turn to the trade unions

Abstract

The Comintern’s Third Period, 1928–1934, based on Stalin’s ‘second revolution’ in Russia, capitalist crisis and the claim that social democracy and fascism were twins, generated sectarian, ultra-left politics which proved inimical to Communist activity in trade unions. This article sheds new light on that issue by exploring three connected episodes: the British party’s (CPGB) renewed turn to the unions, heralded in the January resolution of 1932; the roles the Comintern and CPGB leader Harry Pollitt played in this initiative; and the subsequent attempt by Pollitt to revise the politics of union work. This triptych reviews both primary sources and recent historiography. It argues that some accounts have overestimated the novelty of the January resolution, blurred its meaning and exaggerated Pollitt’s part in it. The resolution did not attempt to change the line but its application. Its impact was limited. Bids to go beyond it were muddled and unsuccessful. The 1933 move towards the united front, and subsequently the popular front, was of greater significance in creating an effective Communist presence in trade unions than the events of 1931–1932.     

Wisconsin Institutionalism: John R. Commons and His Students

This paper seeks to provide a close examination of the nature and history of the institutional economics that developed at the University of Wisconsin. There has been a significant amount of work done on the thinking of John R. Commons, but much less on the history of Wisconsin institutionalism more generally. The paper proceeds through an examination of the development of the Department of Economics at Wisconsin from the time of the hiring of Richard T. Ely in 1892; the faculty hired to the Department from the early 1900s through to Commons's retirement in 1933; the program of instruction offered, particularly in the late 1920s when the full complement of institutionalist faculty were present; and the areas of study and later careers of Commons's graduate students. It is argued that although Ely played a role in the development of Wisconsin institutionalism, it was Commons who became the center of graduate student work, and that the Department only took on its decidedly institutionalist character after the hiring of Commons and a number of his students as faculty. The program of study in the late 1920s was very heavily institutionalist in character with Commons providing a core course on value and valuation, and a notable emphasis in the fields of public utilities, labor economics, and statistics. Very little instruction was provided in neoclassical theory. Many of Commons's students went on to notable careers in the academic world or public service or both. Wisconsin students were heavily involved in labor legislation issues, and in the development and administration of social security. But a number of Commons's students went into academic careers, and many produced large numbers of PhD students themselves. The decline of Wisconsin-style institutionalism after World War II was not, as has been suggested, a result of Commons's students moving largely into non-academic careers, but of many other factors, including the rise of Keynesian economics, and the migration of what had been much of Wisconsin institutionalism into new schools of industrial relations.     

The Culture of Interest: A Proposed Addition and Revision of the Three‐Culture Model

Negotiation and conflict resolution theorists have classified world cultures according to three types for the purpose of describing and predicting some of the ways in which individuals and groups within broad, geographically based cultural groups behave in conflict and negotiation‐related situations. These three broad categories, called “cultural syndromes,” have described these cultures according to the relative value they place on these three concerns: honor, face, and dignity. Based on our examination of the literature on the cultural dimensions of negotiation and conflict management, our own practice, and an analysis of literature and practice pertaining to the place and utility of the honor, face, interest, and dignity attributes within and between cultural groups , we propose a reformulation of this typology. Our reformulation would replace the broad “dignity” category with a new category that we call “interest,” which we believe better characterizes Northern European and North American cultures. We also argue that a cultural orientation toward dignity is universal and not geographically unique and is thus shared by all three cultures. This new formulation, we believe, more accurately characterizes the global range of orientations toward negotiation and conflict resolution and would, if adopted, help scholars and practitioners better understand culturally divergent conflict orientations and behaviors as well as the ramifications of such differences for negotiation and conflict resolution practice.     

The judiciary and post-election conflict resolution and democratic consolidation in Ghana’s Fourth Republic

ABSTRACT

In recent times most elections in Africa have been fraught with post-elections conflicts that have had dire consequences on citizens. Kenya, Ivory Coast and Zimbabwe are few of these cases. This makes post-election conflict resolution a very important aspect of the electoral process deserving enormous attention. However, extant literature has not accorded it the needed attention. It is as a result of this, that this study investigates the nature of post-election conflict resolution in Ghana’s Fourth Republic. The study, based on a qualitative case study approach, found among others that, the Courts have been instrumental in consolidating democracy in Ghana, and stakeholders are devotedly operating within the legal framework governing elections, despite logistical, law enforcement and justice delivery challenges. The study being conscious of the progress made over the years concludes that, where democratic institutions are consolidating, the use of unconventional means to resolve conflicts is usually not an option.     

国有企业内部矛盾关系分析--对一家国企内部的矛盾关系类型及其解决方式的考察

效益稳定型国有企业内部矛盾关系分为层内矛盾和层际矛盾两种类型.前者围绕权力资源的分配而产生,后者则涉及具体的、直接的利益,主要围绕工作岗位的调整和工资、奖金的分配而产生.在解决矛盾的方式上,不同层级都将"忍耐"和"接受现实"作为主要方式.党委和企业行政是解决矛盾的主要组织,工会所发挥的作用与职工的期望有一定距离.企业内的亲缘关系作为非正式渠道在解决矛盾中起着重要作用.     

论处罚条件理论及其形态消释

构建可罚性条件的理论范畴,其核心宗旨就是为使某些事实特征可以成为在三级犯罪体系之外作为权衡刑罚必要性的因素留下余地.然而,这一犯罪构成三级要件之外的独立要件的设置是否如其所盼而有必要,在刑法理论上并非不无疑问.基于双层多阶犯罪构成理论体系,作为可罚性条件内容的事实特征可以置于双层多阶的犯罪构成之中,其所需体现的有关机能也可经由双层多阶的犯罪构成得以实现,这也是在犯罪构成理论中对于“以构成要件行为为基本线索、以具备主观责任为必要”的基本理念的坚持.     

Women Police Stations as a Dispute Processing System

Abstract

In 1992, the Tamil Nadu State government in India began to introduce all-women police stations whose primary role is to deal with crimes against women, including family violence and dowry disputes. Dowry giving is a customary practice in India, which often results in disputes between young wives and their new families. As a result, the young women may be subjected to physical and mental ill treatment, sometimes resulting in death. Using detailed data from 474 case records and interviews with 60 dowry victims, the present study examines how women police stations serve as a dispute processing system, and describes the services extended by the stations to the victims of dowry disputes. Many cases were successfully resolved and violence was frequently reduced. The study holds implications for the extension of training in dispute resolution for women police in India.     

A study of NAFTA： Establishing a better dispute resolution mechanism under CEPA

Dispute resolution under CEPA is regulated in Chapter 19-Institution Arrangement, but only consists of one sentence. The flaws are explored in the performance of this new agreement. Dispute resolution under NAFTA includes more than four dispute resolution procedures, which include numerous details and various institutions. It is considered as one of the best dispute resolution mechanism. The successful experience and the lessons learned will help CEPA establish a fair, efficient, and suitable disnute resolution mechanism