Arbitration: Semi-judicial process or negotiation?

Arbitration is usually described as a semi-judicial, evaluative process, where the parties to a dispute surrender their responsibility for its resolution to a disinterested third party. The arbitrator is expected to listen impartially to the arguments of both sides and, on the basis of the evidence put forward, decide the issue between them. This paper questions the validity of the typical image of arbitration and suggests that a more comprehensive understanding can be developed if it is viewed in the context of different models of negotiation. It is argued that the arbitrator is likely to have at least two contrasting roles: (1) that of manager of the process of concession-convergence, when the issues in dispute are relatively straightforward; and (2) that of joint negotiator with the parties, constructing a framework for a future detailed resolution of the dispute, when the issues are more complex. The parties, on the other hand, are likely to be differentiated according to their previous experience of arbitration. While the more experienced participants may be able to make skilful strategic use of the procedures, the inexperienced are likely to be adversely affected by the evaluative/judicial public image of arbitration.     

Gender differences in distributive negotiation: When in the negotiation process do the differences occur?

This study tested whether the degree of association among aspiration level, intended opening offer, actual first offer, actual counter‐offer, and final agreement was moderated by negotiator gender. Results show that gender does moderate the association between the predictor variable of intended opening offer and the criterion variable of actual first offer and the relationship between intended opening offer and actual counter‐offer. Interesting, this latter association was statistically non‐significant for women and statistically significant for men. These results suggest that gender differences disadvantaging women seem to manifest with the actual first offer and the actual counter‐offer. Copyright © 2009 John Wiley & Sons, Ltd.     

Hot or cold: is communicating anger or threats more effective in negotiation?

Is communicating anger or threats more effective in eliciting concessions in negotiation? Recent research has emphasized the effectiveness of anger communication, an emotional strategy. In this article, we argue that anger communication conveys an implied threat, and we document that issuing threats is a more effective negotiation strategy than communicating anger. In 3 computer-mediated negotiation experiments, participants received either angry or threatening messages from a simulated counterpart. Experiment 1 showed that perceptions of threat mediated the effect of anger (vs. a control) on concessions. Experiment 2 showed that (a) threat communication elicited greater concessions than anger communication and (b) poise (being confident and in control of one's own feelings and decisions) ascribed to the counterpart mediated the positive effect of threat compared to anger on concessions. Experiment 3 replicated this positive effect of threat over anger when recipients had an attractive alternative to a negotiated agreement. These findings qualify previous research on anger communication in negotiation. Implications for the understanding of emotion and negotiation are discussed.     

Longer-term consequences of anger expression in negotiation: Retaliation or spillover?

Negotiators often concede to angry partners. But what happens when they meet again? According to the spillover hypothesis, negotiators demand less from previously angry partners because they perceive them as tough. According to the retaliation hypothesis, negotiators demand more from previously angry partners because of negative impressions and a desire to get even. Experiment 1 showed that participants demanded less in later negotiations when their partner in a previous negotiation had expressed anger (rather than no emotion) and the later negotiation was with the same (rather than a different) partner. Consistent with the spillover hypothesis, this effect was mediated by inferences regarding the partner’s toughness. Experiment 2 showed that apologies reduce the negative effects of anger on impressions and desire for future interaction. Behavioral reactions were moderated by social value orientation: extending the established might/morality effect, prosocial participants responded cooperatively to an apology, whereas proselfs responded competitively.     

The stereotype rebound effect: Universal or culturally bounded process?

Stereotype rebound occurs when people experience an increase in stereotype use following attempts to suppress them. Two studies were conducted to examine cultural variability in the rebound effect. We hypothesized that, due to their experience suppressing unwanted thoughts, people from collectivist cultures would be less likely to experience the rebound effect than would people from individualist cultures. In both studies, U.S. and Chinese participants wrote two stories about gay men that were coded for stereotype use. Participants in the suppression condition were instructed to not to use stereotypes in their first story. As predicted, in both studies, U.S. participants in the suppression condition showed an increase in stereotype use in the second story, but Chinese participants did not. Potential explanations for cultural differences in the stereotype rebound effect are discussed.     

Schema anticipation in recall: memory process or report strategy?

Summary This article reports an experimental investigation testing the hypothesis that recall reports are systematically biased by the recaller's knowledge about who is to receive the recall report, while that bias is absent from a recognition test. Subjects listened to one of two versions of a story recounting John's visit to the doctor. After the story was read, subjects were asked to recall the story either with standard-recall instructions or with instructions to recall for peers, for Martians, or for a contest. In a fifth condition, subjects performed a filler activity, viz., the recall of a personal experience. After the recall test subjects were administered a recognition test. Between the groups no systematic differences in memory performance were observed in the recognition test. Recall for peers appeared to be poorer than recall in the other conditions. Subjects in the recall for a contest condition scored higher than the subjects in the other groups. Not only did groups differ with respect to bias, but there were also systematic differences in the memory or discrimination scores. The findings are discussed within the framework of schema theory.     

Extinction after aversive conditioning: An associative or nonassociative process?

A series of three eyelid-conditioning experiments with rabbits examined the traditional extinction procedure in which the CS is presented in the absence of US presentations. The first study employed a savings test to demonstrate that the rate of reacquisition is faster after a conventional extinction procedure than after a procedure in which the CS and US have been unpaired. The second experiment indicated that this readiness to respond in reacquisition was related to a carry-over effect from the initial acquisition trials. The third study demonstrated that acquisition and reacquisition are similar when the US is maintained in extinction but not when it is omitted. These results imply that procedures which retain the US during extinction are more effective than the conventional CS-alone extinction procedure in eliminating or inhibiting the associative connection between the CS and the US.     

Preference for oddity: uniqueness heuristic or hierarchical choice process?

Traditional economic theories assume decision makers in multialternative choice tasks "assign" a value to each option and then express rational preferences. Here, I report an apparent violation of such rationality in gray jays (Perisoreus canadensis). I tested the jays' preference in a quaternary choice task where three options were the same color and the fourth option was a different color. All options offered an identical food reward and so the strictly rational expectation was that subjects would choose the odd-colored option in 25% of choices. In clear disagreement, every subject chose the odd option more frequently than expected. I speculate as to how this surprising preference for oddity might have been ecologically rational: by using a unique-choice heuristic, the jays might have been able to bypass a deliberative phase of the decision process and devote more attention to scanning for predators. Alternatively, it is conceivable that the jays did not prefer oddity per se. Instead, they might have used a hierarchical process, assigning options to color categories and then choosing between categories. If so, their behavior matches expectation after all (on average, subjects chose the odd option 50% of the time). It should be straightforward to test these competing hypotheses. The current results can be viewed as a new example of how simple mechanisms sometimes produce economically puzzling yet ecologically rational decision making.     

Indirect social influence: Change in judgmental process or anticipatory conformity?

In three experiments, subjects imposed sentence in a criminal case before and after reading the harsh sentence imposed by the trial judge. They then read and imposed sentence in another case. In one experimental condition the subjects anticipated learning the judge's sentence in Case 2; in the other condition they were told not to anticipate learning the judge's sentence. Control subjects made their judgments without ever seeing the judge's sentence. Direct influence was the change in sentences within cases; indirect influence was the difference between initial sentences in Cases 1 and 2. Though direct influence was minimal and not significant, indirect influence was substantial, and was greater in the anticipation than no-anticipation than control conditions, indicating that both modification of the judgmental process and anticipatory conformity were operating. Indirect influence may then reflect a change of either type, depending on a number of methodological and other factors.     

Selecting a patient or initiating a psychoanalytic process?

The defences provoked in the analyst by the anxieties associated with the difficult tasks of ‘assessment’ and ‘selection’ for psychoanalysis can result in a tendency to think in terms of ‘hurdles to be cleared’ by potential psychoanalytic patients, rather than ‘opening the gates’. This can result in a diminution of the analyst's capacity to enlist and sustain a psychoanalytic stance. Only within a psychoanalytic frame can a meaningful psychoanalytic process unfold, at all stages of a potential patient's movement from their first contact through to, possibly, entering into an analysis. The author illustrates the value of this thinking by describing the work of the London Clinic of Psychoanalysis where there has been a shift of emphasis in psychoanalytic consultation towards working with individuals on their potential to initiate a psychoanalytic process, and away from the sole aim of ‘selection of a suitable patient’. In this paper, the author notes that when institutional culture and practice supports psychoanalytic identity, this makes it more possible to recognize and articulate the anxieties provoked by the ‘emotional storm’ inevitable in psychoanalytic consultation, and the draw towards unhelpful enactment that may otherwise obscure the initiation of a psychoanalytic process that may or may not result in analytic treatment. Illustrative case material from the Clinic is presented.     

Group decision making in the planning team process: Myth or reality?

Based upon theories from organizational psychology, this study assessed the relationships among school staff role, participation, and satisfaction during planning Team meetings which decide special education placements and programming. A strong positive relationship was found between staff role and participation. Regular education teachers were lowest in participation and satisfaction whereas school psychologists were ranked the highest on both variables. Other staff roles did not necessarily show a one-to-one relationship between participation and satisfaction levels, yet within roles, the level of satisfaction increased with higher levels of participation. These findings were discussed in the context of interdisciplinary decision making and implementation of the placement team decision.     

Minor miracles or logical process? Therapeutic interventions and techniques

This paper highlights the construction of Therapeutic Interventions. The ideas presented here, many in the form of techniques, are intended to provide therapists–experienced and not so experienced–with a new focus for problems that are frequently seen in general family therapy practice.
A detailed format has been included on how the author routinely goes about constructing interventions.     

Location in negotiation: Is there a home field advantage?

Although location is considered to play an important role in negotiation potentially favoring one side over the other, little research has examined whether negotiating on one’s home field indeed confers an advantage to the resident party. We tested this possibility by experimentally manipulating participants’ occupancy status (resident versus neutral versus visitor). Across three studies, we find that residents of an office space outperform the visiting party in a distributive negotiation. In addition, our results suggest that this performance discrepancy between residents and visitors may be due to both a resident advantage (residents outperforming a neutral party) and a visitor disadvantage (visitors performing worse than a neutral party). Finally, our findings reveal that confidence partially mediates the effects of occupancy status on negotiation performance and demonstrate that an intervention designed to boost visitor confidence can help overcome the home field advantage. Implications of these results for theory and practice are discussed.     

The preparation of actions and parameters of action: A fixed or variable process?

Some information processing models consider the selection of an action plan (deciding what to do) and the parameterization of the action (deciding how to do it) as separate stages in movement preparation. Further, these models consider the stages to occur in a fixed order, whereby the selection of an action precedes the parameterization of the action. Five experiments are reported that tested this position. The first four experiments adopted a variation of Rosenbaum's (1980) precuing technique such that, under varying conditions, different amounts and types of advance information were provided to the subject, leaving only the unspecified action or parameter to be supplied following the imperative signal. The critical finding from each study was that the time to specify an action and the time to specify a parameter were equivalent. In experiment 5, similar results were obtained using a response priming paradigm (Rosenbaum and Kornblum 1982). The results of all five studies failed to support a fixed-order model of movement preparation and are more consistent with a variable-order model. The implications of these findings for other models of movement preparation are discussed.     

Competence to proceed in SVP commitment hearings: Irrelevant or fundamental due process right?

Sexually Violent Predator (SVP) civil commitment, intended to incapacitate offenders and protect the public, has been implemented in 21 jurisdictions. While respondents in traditional civil commitment proceedings need not be competent to proceed, SVP commitment may present a greater deprivation of liberty and therefore greater procedural protections may be merited. Statutes and case law regarding competence in this context address two issues: competence to challenge unproven sexual offense allegations and competence to participate in the SVP commitment process. Of the 14 states that have addressed the issue, one concluded that respondents must be competent to challenge unproven allegations and one concluded that all SVP respondents must be competent to participate in the commitment process. Differences between SVP and traditional civil commitment, the rationale underlying the competence requirement, and decisions regarding competence in SVP commitment are reviewed to inform debate regarding whether SVP respondents must be competent to proceed with the commitment process. Copyright © 2010 John Wiley & Sons, Ltd.     

Is visual image segmentation a bottom-up or an interactive process?

Visualimage segmentation is the process by which the visual system groups features that are part of a single shape. Is image segmentation a bottom-up or an interactive process? In Experiments 1 and 2, we presented subjects with two overlapping shapes and asked them to determine whether two probed locations were on the same shape or on different shapes. The availability of top-down support was manipulated by presenting either upright or rotated letters. Subjects were fastest to respond when the shapes corresponded to familiar shapes—the upright letters. In Experiment 3, we used a variant of this segmentation task to rule out the possibility that subjects performed same/different judgments after segmentation and recognition of both letters. Finally, in Experiment 4,we ruled out the possibility that the advantage for upright letters was merely due to faster recognition of upright letters relative to rotated letters. The results suggested that the previous effects were not due to faster recognition of upright letters; stimulus familiarity influenced segmentation per se. The results are discussed in terms of an interactive model of visual image segmentation.     

Means or outcomes? Goal orientation predicts process and outcome focus

Previous research has demonstrated that the representation of goals primarily in terms of means (process focus) compared to outcomes of goal pursuit (outcome focus) increases across the lifespan. Nothing is known, however, about the processes underlying this age-related difference. The current study investigates age-related differences in growth and maintenance orientation as one of the factors contributing to age-related differences in goal focus. A self-report study (N = 123, 18 to 82 years, M = 48.59) presents first evidence that process focus is predicted by maintenance goal orientation, whereas outcome focus is predicted by growth goal orientation. Moreover, maintenance goal orientation mediates the positive association of age and process focus. Results are discussed taking a functional perspective of the role of goal orientation in age-related differences in goal focus.     

The value of an oath of professional conduct: process, content, or both?

...I would suggest that the major objectives of studying the Hippocratic Oath or other pertinent oaths and codes are fourfold. First, studying oaths and codes pertaining to medical conduct and standards enables students to learn about historical changes and cultural influences. Second, choosing an oath or developing one for recitation at graduation enables students to engage in conceptual and moral reasoning. Third, the deliberations and discussions involving students enable them to practice interactional, communication skills about highly charged issues. Fourth, the identified limitations of the Hippocratic Oath or other pertinent oaths and codes enable students to appreciate the value of the broader principles that support medical ethics...The remainder of this commentary is divided into two parts. In the first part, recommendations for an educational program are presented. In the second part, recommendations for future research in this area are offered.