ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1986.tb00367.x

出版商:Blackwell Publishing Ltd    

年代:1986

数据来源: WILEY

摘要:

Settling cases poses a challenging task for the mediator. Most disputes are hotly contested by both parties or they would not have progressed to the point of entering the court arena or mediation. Yet, despite differences in the nature of their cases, the organization of each program we have studied, and the style of mediation predominating in each, striking similarities exist in the techniques used by the mediators to settle cases. Observation of over 40 different mediators in 175 mediation sessions in three programs suggests that in order to do the job which they are charged with accomplishing—bringing mediation cases to settlement—mediators develop a repertoire of strategies employing a variety of sources of power. Mediator strategies fall into four principal categories: presentation of self and the program, control of the process of mediation, control of the substantive issues in mediation, and activation of commitments and norms. Mediators empower themselves by claiming authority for themselves, their task, or the program based upon values external to the immediate situation, or manipulate the immediate situation so that settlement is more rather than less likely. Based upon their differential use of these strategies, mediator styles fall along a continuum between two types: bargaining and therapy. Mediation seems to range between a bargaining process conducted in the shadow of the court to a communication process which resembles therapy in its focus upon exploring and enunciating feeli

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1986.tb00368.x

出版商:Blackwell Publishing Ltd    

年代:1986

数据来源: WILEY

摘要:

The way criminal defense attorneys handle cases prior to final disposition is a subject that has gone largely unexplored by researchers. This study focuses on the decisions of attorneys to waive preliminary examinations in nine felony courts. Employing both interviews and case‐level data, analysis of this decision emphasizes the adaptive behavior of attorneys to local court policies, client concerns, tactical issues, and time pressures. Underlying the specific rules of choice guiding this decision are more fundamental concerns of attorneys regarding efficiency, professionalism, and the minimization of later regrets associated with waiving preliminary hearing

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1986.tb00369.x

出版商:Blackwell Publishing Ltd    

年代:1986

数据来源: WILEY

摘要:

What are the consequences of discretion when government shares the responsibility for regulatory compliance with the industry subject to regulation? Do differing underlying goals affect implementation? This article examines the implementation of Canada's Motor Vehicle Safety Act for fiscal years 1974–75 to 1981–82. Since the law creates opportunities for the exercise of discretion and those responsible for implementation (government versus industry) do not share the same underlying goals, one can expect that who implements the act will be of considerable importance. The data suggest that when incentives for compliance differ, discretion creates the opportunity for substantially different outcomes. Notable differences exist in the characteristics of recalls that manufacturers initiated and those that Transport Canada influen

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1986.tb00370.x

出版商:Blackwell Publishing Ltd    

年代:1986

数据来源: WILEY

摘要:

The author looks at the process of compliance which local unions follow in response to Title VII of the Civil Rights Act of 1964, analyzing local unions as organizations. Three models of compliance are presented: the voluntary model in which compliance is initiated and sustained through a voluntary and local process, the bureaucratic model in which compliance is initiated through the international union's program and sustained through the mechanisms of the bureaucracy of the international union, and the legal model in which the local union complies as a direct result of a change in the law. The results are that none of these models fit exactly. The greatest amount of compliant activity occurs when the process is quasi‐bureaucratic, that is, when it begins as a voluntary process, but relies on bureaucratic mechanisms for completion. The author finds two other factors which are associated in a strong and positive way with the amount of local union compliance: a great objective need for change and a great amount of controversy. The study is based on in‐depth interviews with forty‐seven local union leaders and on twenty interviews with international union leaders in eleven local u

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1986.tb00371.x

出版商:Blackwell Publishing Ltd    

年代:1986

数据来源: WILEY

摘要:

The decision to participate in the legal process depends in part upon the ideologies of the potential participants. The ideology that has dominated the rights movement during the past two decades is what Stuart Scheingold describes as the myth of rights. But participation in litigation, including rights evolution litigation, has also been colored by other and sometimes conflicting ideologies. Thus the mobilization of legal resources can be seen as the ways participants in litigation cope with multiple ideologies.This paper looks at the mental patient liberation movement in this way. That movement has been very much affected by a myth of rights ideology, as well as by a liberation ideology that is quite contradictory to the tenets of the myth of rights. The paper documents these ideologies, looks at the way the movement has tried to reconcile them, and shows how this problematic reconciliation affects the nature of mental health rights litigation.

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1986.tb00372.x

出版商:Blackwell Publishing Ltd    

年代:1986

数据来源: WILEY