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Article
Publication date: 1 December 2005

Elizabeth C. Bartels and Eli B. Silverman

This study seeks to provide an exploratory analysis of the level of satisfaction of citizens and police officers who participated in police complaint mediation. The New York City…

1511

Abstract

Purpose

This study seeks to provide an exploratory analysis of the level of satisfaction of citizens and police officers who participated in police complaint mediation. The New York City Civilian Complaint Review Board's mediation program served as the case sample.

Design/methodology/approach

A two‐page questionnaire, of multiple choice and open‐ended questions, was sent to the sample population (N=285) of officers and complainants who either had their cases mediated or fully investigated.

Findings

Complainants who participated in mediation were significantly more satisfied with the police complaint procedure, and the NYPD as a whole, than those whose cases were fully investigated. Two major areas of research concern also emerged from the data: a need for an analysis of the cases where complainants wish to avoid face‐to‐face meetings with subject officers, and a clarification of the expectations of mediation participants.

Research limitations/implications

This study's low response rate (18.2 percent) warrants caution in generalizing the findings of this study. Another limitation to this research was the cross‐sectional survey design; a pre‐post survey design would better determine whether the sample bias existed.

Practical implications

This research helps to inform police and civilian oversight officials of the effectiveness of police complaint mediation. In addition, this study highlights areas which merit future investigation.

Originality/value

This paper is the first examination of the satisfaction of police complaint mediation participants in the United States. This research is helpful for police and civilian oversight administrators considering the establishment of such a program, or those seeking the improvement of an existing one.

Details

Policing: An International Journal of Police Strategies & Management, vol. 28 no. 4
Type: Research Article
ISSN: 1363-951X

Keywords

Book part
Publication date: 28 February 2019

João Teixeira Lopes, Anabela Costa Leão and Lígia Ferro

Cultural expertise can play a relevant role in countries where cultural diversity marks social life, as in the case of Portugal, a country where migration always characterized its…

Abstract

Cultural expertise can play a relevant role in countries where cultural diversity marks social life, as in the case of Portugal, a country where migration always characterized its past and continues to influence the present, and where the presence of ethnic and religious minorities must be noticed. In this chapter, we aim to survey the use of cultural mediation in Portuguese law, as well as case law and culture centered mediation out of courts, in order to understand whether the concept of cultural expertise, in a broad sense, might be useful. Although it is a “contested concept,” culture is understood, for the purposes of this chapter, in a dynamic and non-essentialist sense, as a valuable asset providing context and significance to people’s lives. Assuming that the State is not “culturally neutral” and that its institutions somehow reflect the established culture, issues of equality and demands for cultural recognition will necessarily arise. However, it is the duty of the State to respect and protect cultural identity. Even though cultural expertise may become relevant in several domains of the State, particular attention is given in this chapter to the role played by cultural arguments and cultural expertise in courts in Portugal. Cultural expertise is also very relevant for social intervention, and it is mobilized in the processes of cultural mediation. These processes have a low level of institutionalization in Portugal, since it is not routinely recognized in the implementation of public policies as an autonomous professional profile.

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

Keywords

Book part
Publication date: 5 November 2016

Micol Bronzini and Carla Moretti

The chapter aims to analyze an innovative intervention in the context of public housing in Italy. Over the past decade, in Italy, neighborhoods with a high concentration of public…

Abstract

The chapter aims to analyze an innovative intervention in the context of public housing in Italy. Over the past decade, in Italy, neighborhoods with a high concentration of public housing have increasingly become spaces of exclusion, where conflicts are rife, due to a multiplicity of factors (e.g., immigration, social deprivation, ageing, health problems). In particular, because of the global economic crisis and the impoverishment of Italian families, competition and quarrels between lower middle-class natives and migrants have been exacerbated, undermining the recent fragile pattern of social cohesion. However, housing and urban policies are still residual, especially in the political agenda of mid-sized towns, which witness an ungoverned urban growth not always accompanied by a concurrent complete recognition of citizenship. Moreover, policies tackling rising social tension to reduce or prevent it are lacking. Nonetheless, at a local level, some more dynamic municipalities are starting to promote original initiatives also thanks to the sharing of the best national and international practices. In particular we wish to focus on the social mediation processes implemented to prevent conflict and promote sustainable cohabitation, improving relationships between neighbors and fostering empowerment and participation. In this perspective, the chapter explores a two-year project of social mediation for households living in public housing which has been developed in the Marche region.

Details

Public Spaces: Times of Crisis and Change
Type: Book
ISBN: 978-1-78635-463-1

Keywords

Article
Publication date: 25 July 2019

Keri Szejda and Amy S. Ebesu Hubbard

This study aims to investigate the relationship between perceptions of mediators acting symmetrically (treating parties equally) and transparently (providing an explanation of…

Abstract

Purpose

This study aims to investigate the relationship between perceptions of mediators acting symmetrically (treating parties equally) and transparently (providing an explanation of past or future behavior) with parties’ assessments of the neutrality of their mediator and satisfaction with the mediation process.

Design/methodology/approach

This mixed-method study surveyed parties and mediators from 35 naturally occurring mediation sessions at community mediation centers about their perceptions of neutrality, symmetry, transparency and satisfaction.

Findings

The results showed that parties overwhelmingly assessed their mediators as acting neutrally. Compared to parties’ assessments of mediator neutrality, mediators rated their own neutrality even higher. Symmetry and transparency were both positively correlated with parties’ assessment of mediator neutrality and also emerged as qualitative themes. Speaking order and talk time did not significantly correlate with perception of symmetry. Overall, symmetry appeared to be a more salient factor in parties’ assessment of mediator neutrality than transparency. Both neutrality and symmetry were positively correlated with party satisfaction with the mediation process, but transparency was not.

Research limitations/implications

The present study provides a foundation for future research in understanding neutrality from both parties and mediators’ perspectives. The primary limitation was a small sample size and possible selection bias in achieving the sample.

Practical implications

The study found that symmetry and transparency are useful strategies for managing party perceptions of mediator neutrality and party satisfaction with the mediation process.

Originality/value

This study is one of only a few empirical research studies that investigated the parties’ perspective of mediator neutrality. The study provides a foundation for future research in understanding neutrality from both parties and mediators’ perspectives.

Details

International Journal of Conflict Management, vol. 30 no. 3
Type: Research Article
ISSN: 1044-4068

Keywords

Article
Publication date: 13 April 2015

Peter T. Coleman, Katharina G. Kugler, Kyong Mazzaro, Christianna Gozzi, Nora El Zokm and Kenneth Kressel

Research on conflict mediation presents a scattered, piecemeal understanding of what determines mediators’ strategies and tactics and ultimately what constitutes successful…

1525

Abstract

Purpose

Research on conflict mediation presents a scattered, piecemeal understanding of what determines mediators’ strategies and tactics and ultimately what constitutes successful mediation. This paper presents research on developing a unifying framework – the situated model of mediation – that identifies and integrates the most basic dimensions of mediation situations. These dimensions combine to determine differences in mediator’s strategies that in turn influence mediation processes and outcomes.

Design/methodology/approach

The approach used by this paper was twofold. First, the existing empirical literature was reviewed on factors that influence mediator’s behaviors. Based on the findings of this review, a survey study was conducted with experienced mediators to determine the most fundamental dimensions of mediation situations affecting mediators’ behaviors and mediation processes and outcomes. The data were analyzed through exploratory factor analysis and regression analysis.

Findings

The results of the study show that four of the most fundamental dimensions of mediation situations include: low vs high intensity of the conflict, cooperative vs competitive relationship between the parties, tight vs flexible context and overt vs covert processes and issues. Each of these factors was found to independently predict differences in mediators’ behaviors and perceptions of processes and outcomes. These dimensions are then combined to constitute the basic dimensions of the situated model of mediation.

Originality/value

The situated model of mediation is both heuristic and generative, and it shows how a minimal number of factors are sufficient to capture the complexity of conflict mediation in a wide range of contexts.

Details

International Journal of Conflict Management, vol. 26 no. 2
Type: Research Article
ISSN: 1044-4068

Keywords

Article
Publication date: 17 July 2019

Doron Pely and Golan Luzon

The purpose of this paper is to locate, describe and analyze the differences between the way migrants from communal cultures and local communities in Western Europe resolve…

Abstract

Purpose

The purpose of this paper is to locate, describe and analyze the differences between the way migrants from communal cultures and local communities in Western Europe resolve intra-communal and inter-communal conflicts, and to use the findings to propose a hybrid alternative model that may be able to bridge across identified differences. Such a hybrid model will facilitate enhanced integration and adaptation between host and migrant communities, contributing to improved conflict resolution outcomes.

Design/methodology/approach

This paper starts with an exploration, review and analysis of existing relevant literature describing refugee/migrant–host community interactions and their consequences. The second stage includes review and analysis of relevant alternative dispute resolution (ADR) literature. The third stage undertakes an examination and analysis of the practices identified in stage two, and the fourth stage proposes a method that uses potentially “bridging” practices by incorporating useful and relevant elements from host and refugee communities’ ADR mechanisms, in a way that may help resolve inter-communal disputes.

Findings

The paper demonstrates significant differences between host and migrant communities’ dispute resolution practices and the integrability of relevant ADR approaches toward creating a usable, hybrid, bridging approach to handle inter-communal conflicts.

Research limitations/implications

The paper proposes a hybrid “bridging” host–refugee inter-communal conflict management model. The proposed model should be tested to prove feasibility and viability.

Practical implications

Should the proposed model prove useful, the practical implications may lead to the construction and use of different (hybrid) conflict management mechanisms in appropriate communities. Such mechanisms may lead to a reduction in the number and severity of inter-communal conflicts.

Social implications

A reduction in inter-communal conflicts within the framework of a host–migrant interface may have strong positive outcome to inter (and intra) communal relations and may reduce friction, crime, marginalization, hostility and radicalization.

Originality/value

The paper highlights the challenges to both migrant and host communities when it comes to finding a common ground for resolving inter-communal disputes and offers a pragmatic hybrid model to bridge cultural and functional gaps and help promote mutually satisfactory outcomes.

Details

International Journal of Conflict Management, vol. 30 no. 5
Type: Research Article
ISSN: 1044-4068

Keywords

Article
Publication date: 12 June 2017

Peter T. Coleman, Katharina G. Kugler and Ljubica Chatman

Although mediation has increased considerably in popularity and usage, it lacks a coherent framework and evidence base to illuminate the conditions under which different types of…

1868

Abstract

Purpose

Although mediation has increased considerably in popularity and usage, it lacks a coherent framework and evidence base to illuminate the conditions under which different types of mediation strategies are most effective. This has resulted in a wide array of strategies and tactics being offered to mediators, with little sense of which may work best under different conditions. This paper aims to further develop a contingency model of adaptive mediation.

Design/methodology/approach

The current paper extends previous research on adaptive mediation by presenting findings from focus group and survey research with experienced mediators that help to further develop and specify a new adaptive model of mediation.

Findings

The findings support the utility of a contingency model of adaptive mediation based on the four fundamental dimensions of mediation situations (conflict intensity, situational constraints, cooperative vs competitive disputant relationships and overt vs covert issues and processes) for better understanding and predicting changes in mediator strategies independent of mediator style preferences.

Research limitations/implications

The present studies reflect the behavioral tactics experienced mediators recommend when facing the four distinct challenges to mediation. Research has yet to determine whether the sets of tactics recommended would actually be more successfully used in mediations presenting the four challenges. Subsequent research should assess the relative effects of the use of the different behavioral strategies under these conditions.

Originality/value

The program of research described and extended in this paper is an attempt to develop an integrative model of adaptive mediation, which can ultimately enhance the critical link between mediation research on the one hand and mediation practice on the other.

Details

International Journal of Conflict Management, vol. 28 no. 3
Type: Research Article
ISSN: 1044-4068

Keywords

Article
Publication date: 1 March 1993

Robert S. Peirce and Dean G. Pruitt

This research concerned preference and choice among six procedures commonly used to resolve disputes. Two experiments revealed that, compared to complainants, respondents liked…

Abstract

This research concerned preference and choice among six procedures commonly used to resolve disputes. Two experiments revealed that, compared to complainants, respondents liked inaction and disliked arbitration. However, the most striking findings concerned general preferences among the procedures: consensual procedures (negotiation, mediation, and advisory‐arbitration) were best liked, followed by arbitration, with inaction and struggle least liked. Further analysis suggested that perceptions of self‐interest and societal norms underlie these procedural preferences, with the latter perceptions apparently more important. An examination of choices among the procedures revealed that negotiation was by far the most common first choice of action. If negotiation failed to resolve the conflict, the following escalative sequence of actions was typically endorsed: mediation, then advisory arbitration, then arbitration, and finally struggle.

Details

International Journal of Conflict Management, vol. 4 no. 3
Type: Research Article
ISSN: 1044-4068

Article
Publication date: 8 July 2014

Keri Szejda Fehrenbach and Amy S. Ebesu Hubbard

– The purpose of this paper is to provide a comprehensive review of the neutrality literature and suggests areas ripe for future research.

Abstract

Purpose

The purpose of this paper is to provide a comprehensive review of the neutrality literature and suggests areas ripe for future research.

Design/methodology/approach

The authors reviewed journal articles on the topic of neutrality in mediation, which included theoretical viewpoints and empirical research on practicing mediators’ understanding of neutrality.

Findings

The review of literature revealed that party perspectives are largely missing from current neutrality literature. Two potential concepts emerged from the authors' review of literature that could potentially influence parties’ attributions of mediator neutrality: symmetry and transparency. Symmetry refers to the equal treatment of parties, whereas transparency refers to providing an explanation of past or future behavior. Research on whether symmetry and transparency are key influences on party assessment of mediator neutrality could make a significant contribution to the field.

Research limitations/implications

The authors call on researchers with diverse methodological perspectives to examine, from the party’s perspective, important questions regarding the meaning of neutrality, mediator strategies to successfully enact neutrality and the impact of neutrality on mediation outcomes.

Originality/value

Neutrality is arguably one of the most important concepts to the mediation field. Despite its significance to the field, only limited research has been conducted to better understand how neutrality is enacted in practice. This paper provides a comprehensive review of the literature and provides a launching point for future research.

Details

International Journal of Conflict Management, vol. 25 no. 3
Type: Research Article
ISSN: 1044-4068

Keywords

Article
Publication date: 9 April 2019

Piotr Zmyślony and Joanna Kowalczyk-Anioł

The purpose of this paper is twofold: first, to analyze the phenomenon of urban tourism hypertrophy (UTH) in the context of the process of tourism-related social conflicts…

Abstract

Purpose

The purpose of this paper is twofold: first, to analyze the phenomenon of urban tourism hypertrophy (UTH) in the context of the process of tourism-related social conflicts formation; and second, to discuss the extent to which destination management organizations (DMOs) are prepared to take responsibilities and actions undertaken in this process.

Design/methodology/approach

The paper adopts conflict management (CM) theory as a framework for discussing UTH within the city context. The paper then analyzes the empirical example of social conflict in Kraków (Poland) to assess the predispositions of key institutions engaged in destination governance to lead CM process triggered by UTH. The Circle of Conflict approach proposed by C. Moore (The Mediation Process: Practical Strategies for Resolving Conflict, Jossey Bass, San Francisco, CA, 2014) is utilized as the main application method.

Findings

The study shows that DMO is the most appropriate entity to deal with UTH as a conflict manager; however, it has insufficient resources to fulfill all requirements relating to that role. Therefore, the range of responsibilities and roles of the contemporary DMOs should be completed with CM as the permanent task during UTH crisis.

Research limitations/implications

The example study was based on interviews carried out with a limited number of informants. Also, the contextual nature of the research as well as specific destination governance structure in Kraków blurred the picture of DMOs predispositions to leading the CM process.

Practical implications

The study supports urban DMO managers by suggesting a tool of diagnosis and intervention in UTH-induced conflicts. Thus, it makes fulfilling the mediator role a destination governance task.

Social implications

CM brings agreement among parties as to the understanding of the nature of conflict, which forms the basis for quick and mutually agreed actions, according to sustainable development principles.

Originality/value

The paper proposes an alternative approach to mitigate UTH-related problems in cities by adopting the CM framework which emphasizes the universal nature of conflict causes and proposes adequate tools for undertaking actions by DMOs.

Details

International Journal of Tourism Cities, vol. 5 no. 2
Type: Research Article
ISSN: 2056-5607

Keywords

11 – 20 of over 17000