TL;DR: In this article, a feature article on environmental negotiation presents one proposal for formal negotiations as an alternative to the present hybrid process of administrative rulemaking and includes recommendations for how Congress might foster negotiated rulemaking as a serious experiment in procedural reform.
TL;DR: A model of escalation of social conflicts within organizations describes various mechanisms at work and distinguishes nine different stages of escalation, and the relative value of conflict-handling interventions is discussed in light of the nine stages.
Abstract: Theory and practice of conflict handling by third parties present various approaches for the resolution of conflicts—for example, judicial conflict solving, arbitration, conciliation, mediation, good services, power intervention, process consultation, and so forth (Fisher, 1972; Young, 1972; La Tour et al, 1976; and Prein, 1976, 1979a) Many of these approaches may be compared and evaluated to arrive at some conclusions on the use of specific conflict-handling models for different kinds of social conflicts and different degrees of intensity of conflicts However, what are different degrees of intensity? Which approach is appropriate for which degree of escalation? To answer these questions, this paper will present a model of escalation of social conflicts within organizations The model of escalation describes various mechanisms at work and distinguishes nine different stages of escalation Different strategies of conflict handling then are related to these nine different stages of escalation, and the relative value of conflict-handling interventions is discussed in light of the nine stages of escalation The evaluation of these approaches suggests that all of them do have limited use and effect for specific stages but must be applied according to the degree of intensity of conflict
TL;DR: Touval as mentioned in this paper analyzes the role of third-party mediators of the Arab-Israeli dispute from Israel's establishment as a state to the Egyptian-Israeli peace treaty.
Abstract: From Israel's establishment as a state to the Egyptian-Israeli peace treaty, this work analyzes the role of third-party mediators of the Arab-Israeli dispute. What interests prompted the mediators to undertake their efforts? What effect did their intervention have on regional and global power struggles? Did the mediators actually make any difference? In a thorough treatment of the struggle for a negotiated peace, Saadia Touval answers these questions and tests his answers against the existing theories of international relations. Including a discussion of both United States and United Nations attempts at mediation, and providing a detailed picture of American-Israeli relations, he maintains that successful mediators do not have to be impartial. Drawing on official documents, memoirs, and other sources, this book discusses the mediation efforts of Count Folke Bernadotte; Ralph Bunche; the United Nations Palestine Conciliation Commission; President Eisenhower's emissary, Robert Anderson; Gunnar Jarring; the 1971 mission of the African heads of state; and Secretaries of State William Rogers and Henry Kissinger. Finally the author analyzes President Jimmy Carter's mediation, which led to the Camp David accords and the signing of the Egyptian-Israeli peace treaty. Since 1948 various powers have sought to protect their own interests by active assistance to one party or another in the Arab-Israeli struggle. This book shows how those countries and institutions that have attempted to mediate the conflict have also acted out of self-interest.
TL;DR: A mediator helps disputants toward resolving their disagreement as discussed by the authors. Unlike a judge or arbitrator, mediator lacks authority to impose a decision on the parties; he can only facilitate the processI Mediation has been and remains the dominant method of processing disputes in some quarters of the world!
Abstract: A mediator helps disputants toward resolving their disagreement. Unlike a judge or arbitrator, however, the mediator lacks authority to impose a decision on the parties; he can only facilitate the processI Mediation has been and remains the dominant method of processing disputes in some quarters of the world! In parts of the Orient litigation is seen as a shameful last resort, the use of which signifies embarrassing failure to settle the matter amicably. Though it is unclear to what extent philosophy influences practice, the connection between the prominence of mediation and a Confucian heritage has been noted repeatedly by scholars . In the Confucian view,
TL;DR: The purpose of explaining the process and the mediator's role is to identify the specific components of mediation and the type of education and training needed to practice mediation.
Abstract: Family mediation draws practitioners from a range of professional backgrounds, each with different strengths. This paper identifies a common process of mediation which appears to be followed in all models of practice. While analyzing the role of the mediator within this process, the article identifies essential knowledge, skills, values and aids required. The purpose of explaining the process and the mediator's role is to identify the specific components of mediation and the type of education and training needed to practice mediation.
TL;DR: In this paper, the authors suggest that international lawyers should focus their attention, not simply on adjudication, but on dispute avoidance and management processes as a whole, and suggest some of the questions which might be explored to help us better understand and utilize this range of processes.
Abstract: Nations have generally resisted third-party settlement of their disputes and adjudicative techniques, in particular, have usually played only a limited role in their relations. This article notes some of the reasons adjudication is not more widely used as an international dispute settlement technique and urges that more attention be paid instead to the use of other non-judicial dispute management tools such as negotiation, mediation and conciliation.More broadly, the author proposes that international lawyers should focus their attention, not simply on adjudication, but on dispute avoidance and management processes as a whole, and goes on to suggest some of the questions which might be explored to help us better understand and utilize this range of processes.
TL;DR: A simulation of a supervisor-worker conflict was performed with fourperson groups in either a face-to-face or a television-mediated communication setting as discussed by the authors, and the results were interpreted as suggesting that electronic mediation serves to weaken the forces of emergent leadership.
Abstract: A simulation of a supervisor-worker conflict was performed with fourperson groups in either a face-to-face or a television-mediated communication setting. Face-to-face groups were more likely to reach solutions indicative of high intragroup conflict. Although mean values did not differ, there was more variability among face-to-face groups in discussion time and measures of supervisor dominance. These results were interpreted as suggesting that electronic mediation serves to weaken the forces of emergent leadership.
TL;DR: The paper traces the process of negotiation and compromise surrounding state mediation of the doctor-patient relationships in France in the nineteenth and twentieth centuries.
Abstract: The paper reviews changing relationships between the medical profession and the state in France in the nineteenth and twentieth centuries. It traces the process of negotiation and compromise surrounding state mediation of the doctor-patient relationships. The changing nature of professional autonomy in France is outlined.
TL;DR: In this article, the authors argue that adversary proceedings may result in more sense of control over the process and a strong belief in its fairness, and that adversarial procedures may also result in quicker, more lasting resolutions of conflict.
Abstract: Recent proposals for nonadversary procedures in resolution of custody disputes have relied on untested assumptions about psychological harms of adversary procedures and the contributions which mental health professionals might make in required mediation. There is, in fact, reason to believe that adversary proceedings may result in more sense of control over the process and a strong belief in its fairness. It is likely that these benefits are applicable at least to older children as well as to disputing parents. Adversary procedures may also result in quicker, more lasting resolutions of conflict. Evaluation studies are needed to test effects of various procedures more definitively.
TL;DR: In this article, negative correlations between concurrent measures of maternal authoritarian ideology and cognitive performance of 22 3-yr-old middle-class children were reported, supporting the hypothesis that nonauthoritarian parents promote earlier development of internalized verbal mediation.
Abstract: Negative correlations are reported between concurrent measures of maternal authoritarian ideology and cognitive performance of 22 3-yr.-old middle-class children. Results support the hypothesis that nonauthoritarian parents promote earlier development of internalized verbal mediation.
TL;DR: The growing dissatisfaction with existing methods of processing custody disputes is having a significant impact on public policy, as well as on the focus of social research and the practice of the mental health professions.
Abstract: Few social questions are more timely or reflect a broader base of public concern than how to alleviate the negative impact of divorce on children and parents. The social problems resulting from divorce fill the offices of increasingly large number of professionals. Because of its impact on the tax-conscious public who support the judicial system, divorce has become a political issue as well. The growing dissatisfaction with existing methods of processing custody disputes is having a significant impact on public policy, as well as on the focus of social research and the practice of the mental health professions. New custody legislation emerging in numerous states such as California. New York, and Oregon demonstrates the extent to which public pressure exists to change the policies and practices commonly applied to custody dispute-processing.
TL;DR: In this article, the state's responses to pressure from the women's movement to recognize and criminalize the problem of wife-beating through a description and analysis of two reform efforts are discussed.
Abstract: In recent years, reforms of police and criminal justice agencies have attempted to address the problem of family violence. This effort to expand the involvement of state agencies in private conflicts provides an opportunity to examine the extent and nature of state interests in the mediation of the familyin particular, relationships between men and women. This paper focuses on the state's responses to pressure from the women's movement to recognize and criminalize the problem of wife-beating through a description and analysis of two reform efforts. The first attempt instituted police training in crisis intervention skills; the second focused on a multi-agency treatment of the problem. These reforms will be viewed as a response to both internal pressures from within the law enforcement apparatus and to external pressures on that apparatus from the women's movement. The question of whether the reforms initiated a more active state role, or maintained a laissez-faire stance, will be discussed in terms of the larger issue of state intervention in private violence against women. Rather than providing victims leverage against their violent husbands and boyfriends, it will be seen that the new governmental "responsiveness" in fact further entrenched their disadvantaged position.
TL;DR: Schoenberg and Stravinsky as mentioned in this paper argued that their differences no longer seem significant and that Neo-Classicism, far from serving as an agent of mediation, is useful only as a key to the understanding of such differences.
Abstract: TO their contemporaries, the positions taken by Schoenberg and Stravinsky had seemed opposed and irreconcilable. Allegiance to one or the other was to be decisive in shaping the musical directions of a younger generation of composers, both European and American. Yet today, these two men have become cultural monuments, and the more recent critical viewpoint is to end the quarrel. Hence it is being argued that issues which once appeared so divisive were only the fabrication of party propagandists and fellow travelers,' while less biased observers could not see the forest for the trees. According to Charles Rosen, today's more objective historical perspective of the two composers is that "their differences no longer seem significant."2 What we must see as uniting them, in Donald Mitchell's words, is "the determination to extend and above all to maintain the great tradition into which they were born."' In particular, insofar as both composers appear to have participated in the so-called Neo-Classical movement, they should be regarded as having had similar, if not identical, aims. Yet to insist hastily on reconciliation for this reason would leave several questions unanswered: those that pertain to the origins and aims of the Neo-Classical program and those that have to do with Schoenberg's and Stravinsky's relationship to it. A reexamination of the issues may show that the differences between the two composers remain significant and that Neo-Classicism, far from serving as an agent of mediation, is useful only as a key to the understanding of such differences.
TL;DR: In this paper, a political scientist at the University of Gothenburg, Sune Persson, was the first to exploit this opportunity to analyze the Bernadotte mediation on the basis of the records as probably no other major UN action.
Abstract: lyzed as a subject in their own right. This is hardly surprising. Bernadotte’s time in the limelight lasted less than four months (from his appointment as UN Mediator after the outbreak of the first Arab-Israeli war in May 1948 to his assassination in September 1948). Also, in contrast to the Congo operation, the Palestine mediation was not generally perceived as illustrating fundamental issues with regard to the proper role of the UN, or as a watershed in the history of the organization. Now that more than thirty years have passed, however, the Bernadotte mission has acquired a special attraction from a research point of view. The sources are becoming available. It is possible to analyze the Bernadotte mediation on the basis of the records as probably no other major UN action. A political scientist at the University of Gothenburg, Sune Persson, was the first to exploit this opportunity. Persson was granted access to Bernadotte’s private files, which his widow had put in a safe deposit box in 1948 and had never opened since. He also tracked down an earlier
TL;DR: If the principle of exclusion from unions of licensed and certified professionals who are doing DP work is established in North America, it may lead to increased labor unrest in many highly automated and data processing industries.
Abstract: The needs of management, unions, employees, and computer professionals combined with existing practices of Labor Relations Boards and the various divisions in the Departments of Labor have combined to create a unique array of social conflicts. At the root are management's interest in keeping many skills in data processing and computing out of bargaining units and the union's interest in including as many of these skills as possible. There is also conflict between past strategies guiding labor relations and the structure and function of professional work in modern organizations. Two recent developments are analyzed: (1) The FAA's success in keeping airports operational with the help of computer-controlled air flow procedures; (2) Management's successful bids to exclude professional engineers working in data processing jobs from bargaining units. At the same time, the National Labor and Mediation Boards have rejected attempts to define data processing jobs including highly skilled systems analysts as a separate craft or class for representation purposes while granting such status to engineers in similar employment situations. If this principle of exclusion from unions of licensed and certified professionals who are doing DP work is established in North America, it may lead to increased labor unrest in many highly automated and data processing industries.
TL;DR: The purpose of this experiment was to determine if rats can associate illness with a spatially and temporally contiguous auditory cue presented in a stimulus compound with a distinctive taste.
Abstract: It has been shown that animals rapidly associate gustatory cues with illness but have difficulty associating nongustatory cues with illness when the CS and US are paired directly. However, recent research has indicated that an association can be formed between olfactory cues and illness and visual cues and illness in rats when the nongustatory cue is presented in such a way as to be experienced contiguously with a distinct taste as part of the overall food stimulus. It has been sugges ted that the taste cue potentiates the association between the nongustatory cue and illness by indexing the nongustatory cue as a food cue in memory. If a distinct taste and contiguity are the only conditions necessary for an association to take place, then it may be that any arbitrarily selected nongusta tory cue could be potentiated as well. The purpose of this experiment was to determine if rats can associate illness with a spatially and temporally contiguous auditory cue presented in a stimulus compound with a distinctive taste. Hungry rats were first presented with a choice between plain food and noisy-plain food. All food was powdered .and the noisyplain food had a speaker in the food at the bottom of the food receptacle. When a rat's head entered the noisy-plain food receptacle a photo beam was broken causing a tone to be