Suchergebnisse

Finding a mutually acceptable outcome in a dispute often poses a complex problem that needs hard systematic analysis and the sharing of much private information. An analytically oriented intervenor can help find such agreeable outcomes working jointly and privately with the protagonists.

The evolution of national universities in Latin America is closely related to major political and social changes. The National Autonomous University of Mexico (UNAM) is no exception. As elsewhere in Latin America, we are witnessing in Mexico the transition from a preindustrial, agricultural society to an urbanized industrialized nation. The deep transformations are reflected in the transformation of the elitist universities of the turn of the century, strictly oriented toward the liberal professions, into a new type of university whose character remains as yet undefined (Trow, 1970).

The literature, both empirical and theoretical, regarding techniques of peaceful settlement in international conflict is notable primarily for its brevity. This is true of mediation as one principal method of conflict resolution. Those studies that are available tend to emphasize the diverse functions an intermediary can perform, resulting in a generally optimistic assessment of the utility of mediation. There has been an accompanying tendency to focus upon the qualities of a successful or ideal mediator. But an analysis of two cases of mediation suggests that: (1) the scope for effective mediation is much narrower than a list of the functions an intermediary can serve might indicate, and (2) the success or failure of mediation is largely determined by the nature of the dispute with the attributes and tactics of the mediator a marginal factor at best. Characteristics of a conflict which affect its susceptibility to mediation include: (1) the distribution of power among the protagonists, (2) the interests at stake, (3) the price of nonsettlement, and (4) personality factors.

AbstractHow can police be encouraged to use mediation techniques and to refer family and community conflicts to mediation programs?

Mediation is a complex social process which facilitates interpersonal, intergroup, and international negotiations. However, at present, neither the nature nor the potential of mediation is adequately understood because insufficient effort has been devoted to the analysis and study of the process. In order to enhance our understanding and the potential utility of the procedure, this article presents a mediation paradigm which serves as the basis for an analysis of the process and a review of the various techniques. Subsequently, the paradigm and review underpin suggested procedures for future mediation research.

THE EMPIRICAL EVIDENCE THAT HAS BEEN COLLECTED ON TWO JUDICIAL REFROMS DESIGNED TO DIVERT DISPUTES THAT WOULD OTHERWISE REQUIRE RESOLUTION IN COURT: MEDIATION AND ARBITRATION, IS EXAMINED. THESE NON-ADJUDICATIVE METHODS HAVE BEEN PROPOSED TO HELP RELIEVE CASELOAD PRESSURES IN THE COURTS, TO LOWER COSTS AND REDUCE DELAY IN REACHING FINAL RESOLUTION. THE ANALYSIS HEREIN SUGGESTS THAT ALTHOUGH NOT ALL ANTICIPATED BENEFITS OF ARBITRATION AND MEDIATION HAVE MATERIALIZED, THEY HAVE PROVEN TO BE VALUABLE ALTERNATIVES IN TERMS OF COSTS, FLEXIBILTY AND FAIRNESS.