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Literature on power differentials within mediation sessions has indicated that when power imbalances are too great, mediation is not the proper venue for the resolution of…
Literature on power differentials within mediation sessions has indicated that when power imbalances are too great, mediation is not the proper venue for the resolution of these disputes. However, when there is not an incapacitating imbalance, it is possible that mediators can take steps to rectify this situation. A field study was conducted at two community dispute settlement centers in New York State, with the proceedings of 73 actual cases transcribed and then coded to: (1) determine the impact of unequal power on the outcome of interpersonal mediation; (2) examine how mediators deal with unequal power; (3) assess the impact of mediator efforts to balance power discrepancies, and (4) determine the impact of disputant characteristics on differences in power and outcome. It was found that the mediators in the present study did attempt to remedy power imbalances: by encouraging the more passive disputant to participate more in the hearing by criticizing aggressive disputants, and by asking embarrassing questions of more argumentative disputants and those taking a determined principled stance. However, contrary to expectations, it was found that mediator efforts to balance power discrepancies were not successful, power discrepancies did not lead to unequal agreements, and being a female or a minority did not lead to an unfair outcome.
This observational and interview study investigated the role of caucusing (private meetings between the mediator and a disputant) in community mediation. The results from…
This observational and interview study investigated the role of caucusing (private meetings between the mediator and a disputant) in community mediation. The results from 73 cases at two mediation centers indicate that mediators are more likely to caucus when disputants have a history of escalation, are hostile toward each other during the hearing, and fail to engage in joint problem solving. Caucus sessions were found to discourage direct hostility between the disputants but to encourage indirect hostility. There was also evidence that caucus sessions foster disputant flexibility and problem solving between the disputant and the mediator. However, no relationship was found between the occurrence or nature of caucusing and the likelihood of agreement or the quality of the mediated outcome.
This research examined the relationships among a number of outcomes of mediation. The sample consisted of 73 hearings at two dispute settlement centers in New York State…
This research examined the relationships among a number of outcomes of mediation. The sample consisted of 73 hearings at two dispute settlement centers in New York State. Predictions from goal achievement theory were contrasted with predictions from procedural justice theory. In accordance with goal achievement theory, disputants who attained their goals in the agreement indicated immediate satisfaction with that agreement and with the conduct of the hearing. However, goal achievement was unrelated to long‐run success or long‐run satisfaction with the agreement, a result which may apply primarily to the mediation of interpersonal disputes. The predictions from procedural justice theory were more successful. Disputants who perceived that the underlying problems had been aired, that the mediator had understood what they said and that they had received a fair hearing also showed immediate satisfaction with the agreement and with the conduct of the hearing. In addition, these and related perceptions—especially in the eyes of the respondent—were predictive of several aspects of long‐run success.
The Bureau of Economics in the Federal Trade Commission has a three-part role in the Agency and the strength of its functions changed over time depending on the preferences and ideology of the FTC’s leaders, developments in the field of economics, and the tenor of the times. The over-riding current role is to provide well considered, unbiased economic advice regarding antitrust and consumer protection law enforcement cases to the legal staff and the Commission. The second role, which long ago was primary, is to provide reports on investigations of various industries to the public and public officials. This role was more recently called research or “policy R&D”. A third role is to advocate for competition and markets both domestically and internationally. As a practical matter, the provision of economic advice to the FTC and to the legal staff has required that the economists wear “two hats,” helping the legal staff investigate cases and provide evidence to support law enforcement cases while also providing advice to the legal bureaus and to the Commission on which cases to pursue (thus providing “a second set of eyes” to evaluate cases). There is sometimes a tension in those functions because building a case is not the same as evaluating a case. Economists and the Bureau of Economics have provided such services to the FTC for over 100 years proving that a sub-organization can survive while playing roles that sometimes conflict. Such a life is not, however, always easy or fun.
The intent of the research reported in this paper was to add to our understanding of the factors which affect a participant's beliefs concerning whether he/she has been…
The intent of the research reported in this paper was to add to our understanding of the factors which affect a participant's beliefs concerning whether he/she has been fairly treated within a dispute mediation. A study was conducted using role‐play mediations involving peer‐mediators with undergraduate students posing as roommates experiencing a conflict. Approximately 2 weeks after the mediations, 25 of the disputant‐subjects met with one of the researchers to review a video tape of their particular mediation and discuss the communication which occurred The results of those interviews are presented and discussed in terms of their implications for procedural justice theory and the conduct of interpersonal dispute mediations.
This paper analyzes the impact of economic downturns on the revenue and expense sides of city financing for the period 2003 to 2009 using a convenience sample of the…
This paper analyzes the impact of economic downturns on the revenue and expense sides of city financing for the period 2003 to 2009 using a convenience sample of the audited end of year financial reports for thirty midsized US cities. The analysis focuses on whether and how quickly and how extensively revenue and spending directions from past years are altered by recessions. A seven year series of Comprehensive Annual Financial Report (CAFR) data serves to explore whether citiesʼ revenues and spending, especially the traditional property tax and core functions such as public safety and infrastructure withstood the brief 2001 and the persistent 2007 recessions? The findings point to consumption (spending) over stability (revenue minus expense) for the recession of 2007, particularly in 2008 and 2009.
The purpose of this paper is to examine the ability of well known fund characteristics such as the recent past performance, fund size, management fees, fund age, net asset…
The purpose of this paper is to examine the ability of well known fund characteristics such as the recent past performance, fund size, management fees, fund age, net asset value and fund growth so as to explain Tunisian equity mutual fund performance.
The sample was split according to investment objectives, and the advanced dynamic panel data approach was used over the period 1999‐2006.
The authors find that past performance and fund size have a positive and significant influence on future performance for all fund categories, irrespective of what performance measure was used. This may indicate the existence of scale economies in the Tunisian equity mutual fund industry. The author also find that the other fund characteristics play an important role in explaining performance, but their impact varies among the fund categories. In all, regression results support the dynamic links between fund characteristics and future performance.
The findings do not take into account the behaviour of fund managers and their ability to extend the investment opportunities set. It seems that there are more complex factors related to the strategic behaviour of the manager and driving differences in performance across funds than previous studies have indicated.
The authors confirm the empirical evidence that historical performance contains some information about future performance and such information may be important to mutual fund investors. It was also found that fund size is positively related to future performance of small fund category as well as of large fund category. This may indicate the existence of scale economies in the Tunisian equity mutual fund industry. In addition, the influence of the other control variables varies among the fund categories, but often is the same as in earlier studies.
The paper provides information to foreign investors for investing in Tunisian capital market.
In this regard, the study of literature revealed that the explanation of performance, based on quantitative factors, is often limited to a static approach that involves making estimates resting on multiple regression, regression in cross section and principal component analysis for short periods. However, several empirical studies highlight the impact of past performance on future performance. It seemed essential to enrich the analysis by using a dynamic approach.