Social and Behavioral Sciences Commons^™

Local Government Law Enforcement Services: Relationships Between Performance And Cost In Collective And Non-Collctive Bargaining Workforces, Joseph Casey

Theses and Dissertations

High performance organizations desire to provide services in an effective and efficient manner with positive outcomes; therefore measures of performance and cost can be utilized to gauge such success. Through comparative research and analysis of local governments that have and do not have collective bargaining for law enforcement, findings and results can determine if there is any correlation between employee workforce classification (in collective or non-collective bargaining workplaces), high performance traits, costs and high performance return on costs (HPRC) for law enforcement. A HPRC composite measure was developed and utilized to compare and contrast all of the local governments to …

Empathic Communication: Lifespan Influences And Transgressional Associations In Military Romantic Relationships, Samantha Faith Levan

Communication & Theatre Arts Theses

The purpose of this study was to examine the influences and transgressional associations of empathic communication in military romantic relationships. Through varying attachment styles, deployments, and combat experience, soldiers have a unique set of circumstances that impact the use of empathic communication in relationships. Since the effectiveness of empathic communication is also limited by unreliable communicative technologies, infidelity effects were also tested. A 66-item online survey was placed on Survey Monkey with links from social media networking websites, like Facebook and Twitter. Surveys were anonymous and only taken by soldiers who had experienced at least one deployment. The goodness of …

Mediation – Its Potential And Its Limits: Developing An Effective Discourse On The Research And Practice Of Peacemaking, Dennis C. Jett

Penn State Journal of Law & International Affairs

This article looks at the various contributions to this issue of the Penn State Journal of Law & International Affairs. The contributors have analyzed the potential and limits of mediation, but have focused on a number of different aspects of that process. The analytic research relevant to conflict situations will be most useful, however, if the recommendations offered for how to bring conflicts to an end can actually be of use to practitioners in the field. The approach of this article is therefore to consider how policymakers might employ these recommendations as they pursue the goal of peace. It …

Ethnic Conflict: An Organizational Perspective, Victor Asal, Jonathan Wilkenfeld

Penn State Journal of Law & International Affairs

To talk about the behavior of others is to generalize especially if that behavior is perceived to be negative. As researchers who have studied ethnic discrimination and ethnic conflict for close to two decades, we have noticed, anecdotally at least, that this penchant for generalization is rampant in discussions of ethnic politics. Journalists and academics tend to talk about one or another ethnic group’s involvement in violence without specifying a political organizational agent. This kind of generalization is a serious obstacle to understanding conflicts and identifying solutions because it prevents policymakers and academics from getting at the messy reality of …

When States Mediate, Molly M. Melin

Penn State Journal of Law & International Affairs

Militarized conflict is one of the most devastating of all human activities. The international community’s response to conflict occurrence can significantly affect the number of casualties, the extent of resulting devastation and even the outcome of the conflict. State responses range from conflict management, whereby third parties actively engage in resolving the conflict; joining, whereby states become an additional disputant; or remaining uninvolved. One of the most common active third-party responses is to act as a mediator, a role using consensual, nonbinding and nonviolent means of conflict management and resolution. This paper explores the policy of state-led mediation, its strengths …

The Politics Of International Arbitration And Adjudication, Stephen E. Gent

Penn State Journal of Law & International Affairs

Arbitration and adjudication have proven to be effective means of producing long-lasting settlements on contentious issues, but states are generally reluctant to use such legal forms of dispute resolution, especially in resolving issues of national security. To understand when policymakers can and should promote the use of legal mechanisms, they need to understand the political reasons behind the reluctance of states to use these forums. This essay identifies five factors that significantly influence the willingness of states to relinquish decision control and pursue arbitration or adjudication: third-party bias, salience, uncertainty, bargaining power, and armed conflict. To promote the use of …

Using The Right Tool For The Job: Mediator Leverage And Conflict Resolution, Kyle Beardsley

Penn State Journal of Law & International Affairs

In international dispute mediation, a one-size-fits-all view of mediation may actually inhibit effective conflict resolution. Mediators must especially tailor the level of leverage to the needs of the situation. This essay first considers existing studies that have found both potential benefits and risks of heavy-handed third-party involvement as a conflict-management strategy. It then considers a few illustrative cases to demonstrate the importance of making sure that the tools of mediation fit the context. Finally, it concludes with a discussion of how sustained post-conflict peacekeeping and peacebuilding can reduce the risks of leverage in mediation.

Who Should Be At The Table?: Veto Players And Peace Processes In Civil War, David E. Cunningham

Penn State Journal of Law & International Affairs

Civil wars contain a set of actors that have the ability to block settlement and continue the war on their own. When they contain more “veto players,” conflicts are much longer and negotiations are more likely to break down. The rate of success of international efforts to resolve multi-party civil wars is much lower than when there is only one rebel group fighting the government. This article discusses implications for peacemakers designing responses to conflicts with multiple veto players. Negotiations in these conflicts are most likely to lead to a peace agreement that successfully ends the war if they include …

Deceptive Results: Why Mediation Appears To Fail But Actually Succeeds, Scott Sigmund Gartner

Penn State Journal of Law & International Affairs

International disputes receiving third-party mediation are less likely to result in peace treaties than those negotiated bilaterally between the disputants. When belligerents do settle, mediated agreements are more likely to fail. Is mediation detrimental to conflict resolution? No. Third-party mediation represents a highly effective, but costly, means of peacemaking. Disputants recognize its costs and only employ mediation when they are unable to resolve a conflict between themselves, creating a “selection effect.” As a result, mediators are selected for the toughest cases – those least likely to end peacefully and mostly likely to result in fragile agreements. When the difficulty of …

Research On Bias In Mediation: Policy Implications, Isak Svensson

Penn State Journal of Law & International Affairs

One of the most important and disputed questions within the field of international mediation concerns the issue of bias. The question of bias cuts to the core of what mediation is and the ways in which mediators can help the parties reach peace. Focusing on research on the role of neutrality and bias in international peace diplomacy in civil wars, this article draws out the policy implications of my own empirically-based work on the role of bias in the mediation of internal armed conflicts. This article suggests that neutrality should not be part of the definition of mediators, …

The Lack Of Coordination In Diplomatic Peacemaking, Birger Heldt

Penn State Journal of Law & International Affairs

The increased number of peacemaking actors during the past twenty years is accompanied by an increased amount of peacemaking, but also a low success rate. This article focuses on recent emerging conflicts. It finds that peacemaking is prevalent, but is often not coordinated with regard to choice of tools (mediation, arbitration, etc.), or the agenda or the issues of the talks. This lack of coordination has for many years been recognized as detrimental and may partly explain the low success rate. The article suggests that policymakers need to have a long-term strategy to address the coordination problem, part of which …

Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion

Penn State Journal of Law & International Affairs

There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …

Foreward, Emmanuel Aning

Emmanuel Kwesi Aning

No abstract is currently available.

Changing Minds: The Work Of Mediators And Empirical Studies Of Persuasion, James H. Stark, Douglas N. Frenkel

All Faculty Scholarship

The use of mediation has grown exponentially in recent years in courts, agencies, and community settings. Yet the field of mediation still operates to a considerable extent on folklore and opinion, rather than reliable knowledge. Mediator attempts at persuasion are pervasive in a wide variety of mediation contexts, yet “persuasion” is, for some, a pejorative word and a contested norm in the field. Perhaps as a result, there has been little, if any, evidence-based writing about what kinds of persuasive appeals might be effective in mediation, how they might operate, and how they might be experienced by disputants. In an …

The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos

Michael Diathesopoulos

The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.

Volume 12, Number 1 (Spring 2005), Peace And Conflict Studies

Peace and Conflict Studies

No abstract provided.

Bridge Across The Race-Class Chasm, Beth Roy

Peace and Conflict Studies

A Review of “Red, White, Black & Blue: A Dual Memoir of Race and Class in Appalachia” by William M. Drennen Jr. & Kojo (William T.) Jones Jr. (Ohio University Press, Athens, 2004)

Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation

Water Negotiation Workshop (June 4-5)

"Sponsored by: The Natural Resources law Center of the University of Colorado Law School; Funding provided by: The William and Flora Hewlett Foundation."

"Facilitators: Lucy Moore and Steve Snyder."

"June 4 and 5, 2003, Community House, Chautauqua Park, Boulder, Colorado."

Contents:

Agenda -- Roster of workshop participants -- Biographies of workshop participants -- Maps of Klamath basin -- Key water-related events in the upper Klamath basin -- Federal-state decisionmaking on water : applying lessons learned / David J. Hayes -- Turbulence in the Klamath River basin / Sharon Levy

Exploring The Relevance And Contribution Of Mediation To Peace-Building, Jacob Bercovitch, Ayse Kadayifci

Peace and Conflict Studies

The paper considers the nature and characteristics of peace-building as an approach to conflict. It suggests that mediation should be seen as a particularly important aspect of peace-building efforts, and one that may be used at different phases of a conflict. The paper develops a framework for analyzing the circumstances under which mediation may contribute to peace-building. The framework lays emphasis on contextual and perceptual dimensions. The paper argues that mediation, properly utilized, can achieve not just a settlement of a conflict, but facilitate, in the longer run, a full transformation of relations. Any successful program of peace-building requires some …

Volume 9, Number 2 (December 2002), Peace And Conflict Studies

Peace and Conflict Studies

No abstract provided.

Creative Marginality: Exploring The Links Between Conflict Resolution And Social Work, Jay Rothman, Randi Land Rothman, Mary Hope Schwoebel

Peace and Conflict Studies

The concept of creative marginality refers to the process through which researchers in academic fields move away from the mainstream and toward the margins of their fields and look toward the margins of other fields that may overlap with and fill in gaps in their fields. This interaction, occurring outside of disciplinary boundaries, promotes intellectual cross-fertilization, and it is often the site of innovation. This article examines the links and interactions between the academic disciplines and practices of social work and conflict resolution. The article describes the different theoretical frames and practical approaches of both social work and conflict resolution, …

Exploring Deeper Wisdoms Of Mediation: Notes From The Edge, Margaret S. Herrman

Peace and Conflict Studies

Excerpt

Mediation draws many people into the field of conflict resolution with a promise of rewards like an income stream added to an existing professional practice or agreements pulled from the fires of bitterness and frustration. But for Jim Laue there was more. As a consummate mediator, Jim was equally comfortable mediating technically complex regional disputes, potentially explosive community disputes, and emotionally charged interpersonal disputes. His career began years before a well defined field existed. He came to this work as did others of his and the next generation, determined to address issues of social justice. His mediations during the …

Mediation And Multicultural Reality, Michelle Lebaron

Peace and Conflict Studies

Excerpt

Mediation and multiculturalism arise from separate histories and serve different ends. Mediation is a collaborative alternative to the legal system for resolving all kinds of conflicts. Multiculturalism is the philosophy and practice of honouring cultural difference through developing systems that institutionalize pluralism (Roberts and Clifton, 1990). While each of these ideas have animated programs and literatures, little attention was given to the connections between them until the early nineties.¹ Since that time, conflict resolution systems and processes have been scrutinized for embedded cultural values and implications for who is included and excluded. Training programs in mediation have progressed …

Facilitation And Mediation In South Africa: Three Case Studies, Hendrik W. Van Der Merwe

Peace and Conflict Studies

Excerpt

In this paper I discuss three case studies of facilitation and mediation in South Africa: 1) facilitation between the South African apartheid establishment and the African National Congress in exile from 1963 to 1989; 2) facilitation that eventually led to mediation between Inkatha and the United Democratic Front in Natal over 10 months from 1985 to 1986; and 3)mediation between the African National Congress and the Afrikaner Freedom Foundation (Afrikaner Vryheidstigting, also known as Avstig) over 18 months from 1991 to 1993.