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Article

How Pilots Reach for the Sweet Spot of Conflict

Journal Corporate Mediation Journal, Issue 1 2022
Keywords positive work climate, communication, beginning conflict
Authors Eva van der Fluit
AbstractAuthor's information

    Both on the ground and in the air, attention to detail can make all the difference between safety and disaster. Focused on pilots, Eva van der Fluit investigates what is needed in order to align the perspectives of all professionals they collaborate with so as to facilitate solid judgment and sound sense-making as the basis for their actions. This can lead to disagreements and conflict, which is not necessarily bad when they can manage, constructively, the pinnacle of differing paradigms at crucial moments. This can be defined as the sweet spot of conflict. This spot represents the essential moment at which all perspectives come to the table, are exchanged and lead to new insights. It takes special skills to manage such a process, many of which can be seen as mediation skills. If pilots, most often the captain, can successfully keep the communication process focused on the content and if they do not make it personal, the sweet spot may result in achieving a coordinated outcome, supported by all involved. The way pilots manage what is known as beginning conflict (as distinct from escalated conflict) has attracted the attention of other professionals such as doctors, lawyers, accountants and board members. Even at the lowest level of an organisation, important lessons may be learnt from the best practices developed in the airline industry.


Eva van der Fluit
Eva van der Fluit is an independent management consultant, supporting professionals such as pilots, doctors, accountants and board members. In her PhD study, she analysed how KLM pilots manage conflict in the cockpit. In the interest of brevity, however, this article includes only a passing reference to this aspect of her work, and those interested in further exploring this theme are referred to her original work. See Professionals and ‘the sweet spot of conflict’, An ethnographic study of pilots. Van der Fluit M.E. (2016). Utrecht University. https://dspace.library.uu.nl/handle/1874/325587.
Research Note

Did the COVID-19 Pandemic Reduce Attention to Environmental Issues?

A Panel Study Among Parents in Belgium, 2019-2020

Journal Politics of the Low Countries, Issue 1 2022
Keywords issue competition, COVID-19 pandemic, panel study, environmental concern, Belgium
Authors Sari Verachtert, Dieter Stiers and Marc Hooghe
AbstractAuthor's information

    Theories on issue competition assume that there is only a limited number of issues that a person prioritises simultaneously. In this research note, we test this mechanism by using a panel study that was conducted among Belgian parents in 2019 and 2020. Between the two observations of the study, the country suffered a severe health crisis due to the COVID-19 pandemic. We investigate whether this crisis reduced the priority of environmental issues among respondents. Our results show that there was indeed a significant decline of some indicators for environmental concern, but not for others. Furthermore, we show that a higher priority for the health-related and economic consequences of the COVID-19 pandemic was associated with a steeper decline in environmental concern.


Sari Verachtert
Sari Verachtert is a PhD student at the Centre for Political Science at the University of Leuven. Her research focuses mainly on attitudes and behaviours towards sustainable development.

Dieter Stiers
Dieter Stiers is post-doctoral researcher of FWO Vlaanderen at the Centre for Political Science Research at KU Leuven. His research focuses on elections and voting behaviour.

Marc Hooghe
Marc Hooghe is a Full Professor of Political Science at the University of Leuven. He has written mostly about political participation and political trust.
Article

Fit for Office? The Perception of Female and Male Politicians by Dutch Voters

Journal Politics of the Low Countries, Issue 1 2022
Keywords political underrepresentation, gender stereotypes, role incongruity, candidate evaluation, experimental vignette study
Authors Rozemarijn E. van Dijk and Joop van Holsteyn
AbstractAuthor's information

    The underrepresentation of women in politics is a worldwide phenomenon and the Netherlands fit the pattern: about 39% of the Dutch MPs are female. Based on social role incongruity theory, it is expected that female politicians are evaluated more negatively than male politicians since women do not fit the dominant male politician role. However, most research is conducted in the United States, that is, a candidate-centred system where individual characteristics play an important role. This article focuses on the party-centred parliamentary context in which we examine (1) whether gender stereotypes are present among citizens and (2) to what extent these stereotypes influence the evaluation of politicians. We do this by conducting an experimental vignette survey design. We find that at the mass level there is no difference between the evaluation of male and female politicians, although gender stereotypes are present.


Rozemarijn E. van Dijk
Rozemarijn E. van Dijk is a PhD student at the department of political science at the University of Antwerp, Belgium.

Joop van Holsteyn
Joop J.M. van Holsteyn is Professor in Political Behaviour and Research Methods at Leiden University, the Netherlands.
Article

Morality in the Populist Radical Right

A Computer-Assisted Morality Frame Analysis of a Prototype

Journal Politics of the Low Countries, Issue 1 2022
Keywords Populist radical right, morality, frame analysis, word2vec, crimmigration
Authors Job P.H. Vossen
AbstractAuthor's information

    This article provides a computer-assisted morality framing analysis of Vlaams Belang’s 2019 manifesto. The VB is regarded in the literature as a prototypical example of the Populist Radical Right (PRR). We first concisely review what PRR politics is and what it consists of, tentatively distinguishing four elements that we hypothesise will materialise in corresponding subframes running throughout the manifesto. We point to a mismatch between the omnipresent role of morality in all PRR subframes and the little attention devoted to the concept in the PRR literature. We introduce a useful theory from social psychology into framing literature to create a novel methodological approach to frame analysis that builds a bridge between a qualitative content and a quantitative context approach. The results support our hypothesis that populism, nationalism, nativism and authoritarianism can be distinguished from one another. Additionally, we detect a fifth PRR subframe, crimmigration, by its unique role of morality.


Job P.H. Vossen
Job Vossen is a PhD candidate at the University of Antwerp. His research investigates (im)morality in political discoursing and its interacting with fear, solidarity and gender and sexuality. The corresponding author states that there is no conflict of interest.
Article

Opening an Absolute Majority A Typology of Motivations for Opening and Selecting Coalition Partners

Journal Politics of the Low Countries, Issue 1 2022
Keywords negotiation, absolute majority, oversized coalition, motivations, local election
Authors Geoffrey Grandjean and Valentine Meens
AbstractAuthor's information

    Following the municipal elections in the Walloon Region (Belgium) on 14 October 2018, 189 political groups won an absolute majority. Twenty-two of these decided not to exercise power alone, but favoured the formation of an oversized coalition by integrating a minority partner. The aim of this article is to identify the motivations behind the formation of a local coalition when one of the partners has an absolute majority. Semi-structured interviews with mayors and leaders of political groups in these municipalities make it possible to identify the motivations for, first, the choice to open and, second, the choice of a minority partner. By distinguishing between necessary and supporting motivations, this article shows that the search for greater representation is a necessary motivation for the choice to open, whereas personal affinities and memories of the past are necessary motivations for choosing minority partners. By prioritising motivations, this article shows that.


Geoffrey Grandjean
Geoffrey Grandjean is Professor of Political Science at the Faculty of Law, Political Science and Criminology of the University of Liege and Director of the Institut de la decision publique.

Valentine Meens
Valentine Meens is Assistant of Political Science at the Faculty of Law, Political Science and Criminology of the University of Liege.
Article

Meetings between victims and offenders suffering from a mental disorder in forensic mental health facilities: a qualitative exploration of their subjective experiences

Journal The International Journal of Restorative Justice, Issue Online First 2022
Keywords Victim-offender meetings, restorative justice, forensic mental health, victimology, perception
Authors Mariëtte van Denderen and Michiel van der Wolf
AbstractAuthor's information

    Most studies about victim-offender meetings have been performed within prison populations, with little reference to offenders diagnosed with mental disorders. In establishing the effects of such meetings, these studies often use quantitative measures. Little is known about meetings between victims and offenders with mental disorders and about the more qualitative subjective experiences of the participants regarding these meetings. In this interview study, we inquired into the subjective experiences of sixteen participants in victim-offender meetings, six of whom are victims and ten offenders of severe crimes, currently residing in forensic mental health facilities. Topics of the interviews included benefits of the meeting and perceptions of each other prior to and after the meeting. Important benefits that participants experienced from meeting each other were reconnecting with family, processing the offence and contributing to each other’s well-being. Such benefits are comparable to those mentioned in studies on meetings with offenders without a mental disorder, challenging the practice that mentally disordered offenders are often excluded from such meetings. Most victims experienced a positive change in perception of the offender owing to the meeting. They perceived the offender as a human being and associated him less exclusively with his offence. Implications for clinical practice are addressed.


Mariëtte van Denderen
M.Y. van Denderen is criminologist and senior researcher at the Forensic Psychiatric Centre Dr. S. van Mesdag, Groningen, the Netherlands.

Michiel van der Wolf
M.J.F. van der Wolf is Professor of Forensic Psychiatry at Leiden University and Associate Professor of Criminal Law at the University of Groningen, the Netherlands. Corresponding author: M.Y. van Denderen at m.van.denderen@fpcvanmesdag.nl. Funding: This work was supported by an international, non-governmental, organization that prefers to stay anonymous (more information is available at request). Acknowledgements: We want to thank the victims, bereaved individuals and offenders who shared their experiences about the meeting. We would also like to thank the social workers of the FPC Dr. S. van Mesdag and FPC the Oostvaardersclinic, among which H. van Splunter, and Perspectief Herstelbemiddeling for their cooperation. We thank F. Fierstra, L. Gunnink, E. de Jong and F. Drijfhout for transcribing the interviews. Disclosure statement: No potential conflict of interest was reported by the authors.
Article

Restorative justice training for judges and public prosecutors in the European Union: what is on offer and where are the gaps?

Journal The International Journal of Restorative Justice, Issue Online First 2022
Keywords restorative justice, judicial training, judges, public prosecutors
Authors Ana Catarina Pereira, Britt De Craen and Ivo Aertsen
AbstractAuthor's information

    Judges and public prosecutors across Europe continue to be the main source of referral of cases to restorative justice programmes organised in the context of the criminal justice system. As a result, the training of these two groups of legal professionals regarding what restorative justice is and what it can offer to victims, offenders and the community has for many years been identified as a priority for the development of restorative justice in the European Union (EU). However, little information is available about what actually exists in terms of judicial training on restorative justice within the national judicial training institutions responsible for the initial and/or continuous training of judges and/or public prosecutors. Therefore, we developed an online survey on judicial training on restorative justice and invited 38 judicial training institutions operating in the (then) 28 EU Member States to participate in our study. We were able to make relevant observations regarding the reasons for the non-existence of restorative justice training in most of the judicial training institutions studied and identify important elements of the architecture of the restorative justice training offered by the judicial training institution of Czech Republic.


Ana Catarina Pereira
Ana Pereira is a PhD researcher in Criminology at the Leuven Institute of Criminology at KU Leuven, Belgium. She received a PhD grant from the Portuguese Foundation for Science and Technology (Fundação para a Ciência e a Tecnologia, FCT).

Britt De Craen
Britt De Craen is a master’s student in Criminology at the Leuven Institute of Criminology at KU Leuven, Belgium.

Ivo Aertsen
Ivo Aertsen is Professor Emeritus of the Leuven Institute of Criminology at KU Leuven, Belgium. Corresponding author: Ana Pereira, anacatarina.alvespereira@kuleuven.be.
Conversations on restorative justice

A talk with Howard Zehr

Journal The International Journal of Restorative Justice, Issue 1 2022
Authors Brunilda Pali
Author's information

Brunilda Pali
Brunilda Pali is Senior Researcher, Social and Cultural Anthropology, Faculty of Social Sciences, KU Leuven, Belgium. Corresponding author: Brunilda Pali at brunilda.pali@kuleuven.be.

    Restorative justice has frequently been presented as a new criminal justice paradigm, and as something that is radically different from punishment. I will argue that this ‘oppositioning’ is problematic for two reasons: first, because some cases of restorative justice constitute de facto punishment from the perspectives of some positions on what punishment is; second, because restorative justice could reasonably be more widely adopted as a new form of de jure punishment, which could potentially increase the use of restorative justice for the benefit of victims, offenders and society at large. In connection with the latter, I want to present some preliminary thoughts on how restorative justice could be incorporated into future criminal justice systems as de jure punishment. Furthermore, I will suggest that by insisting that restorative justice is radically different from punishment, restorative justice advocates may - contrary to their intentions − play into the hands of those who want to preserve the status quo rather than developing future criminal justice systems in the direction of restorative justice.


Christian Gade
Christian Gade is an Associate Professor of Human Security and Anthropology at Aarhus University and a mediator in the Danish victim-offender mediation programme (Konfliktråd). Corresponding author: Christian Gade at gade@cas.au.dk. Acknowledgements: I would like to thank Pernille Reese, head of the Danish Victim-Offender Mediation Secretariat, for our many dialogues about restorative justice and punishment. Furthermore, I am grateful to Søren Rask Bjerre Christensen and Isabelle Sauer for their thoughtful comments on earlier drafts of this article. Last but not least, I would like to thank the three anonymous reviewers for their valuable feedback.

    Evaluations of restorative justice frequently report that only a minority of schools succeed in adopting a whole-school approach. More common are a consortium of practices necessitating the evaluation of schools not implementing the whole-school model but still achieving positive results. Previous research established that unconventional models have successful outcomes, yet little is known about the contextual factors and the causal mechanisms of different practices. This study finds that models of restorative justice facilitating student voice and consequently procedural justice have promising outcomes. Importantly, alternative models may be less resource-intensive, making them more feasible to fully implement.


Heather Norris
Heather Norris is a Lecturer in the Department of Psychology at Aberystwyth University, Wales, UK. Corresponding author: Heather Norris at hnn1@aber.ac.uk.

Gerry Johnstone
Gerry Johnstone is a Professor of Law at the University of Hull, UK. Corresponding author: Gerry Johnstone at J.G.Johnstone@hull.ac.uk.

John Braithwaite
John Braithwaite is a Professor at the University of Maryland, USA and Emeritus Australian National University, Australia. Corresponding author: John.Braithwaite@anu.edu.au. Acknowledgements: Thanks to Eliza Kaczynska-Nay, Valerie Braithwaite, Estelle Zinsstag, Lode Walgrave, Albert Dzur, Ivo Aertsen, Fernanda Fonseca Rosenblatt, Gerry Johnstone, Claudia Mazzucato and Jane Bolitho for splendid suggestions on drafts.

    Western Australia is experiencing high rates of recidivism among Aboriginal offenders. This challenge can be partly addressed by delivering culturally relevant programming. Its dearth, however, suggests two questions: what is culturally fit in the context of the prison, and how might such programming be constructed? This article responds to these questions by focusing on one element of culture, ‘values’, that is influential ideas that determine desirable courses of action in a culture. Firstly, a review of the literature and comparative analysis is given to the respective key values of Aboriginal culture and European and Anglo-Australian cultures. It also highlights the importance of repairing Aboriginal values with implications for providing culturally relevant prison programming. Secondly, a report is given on how an in-prison Aboriginal restorative justice programme (AIPRJP) was co-designed by Noongar Elders and prisoners and me, an Anglo-Australian restorativist. Using an ethnographic approach, the project identified a set of Aboriginal values for addressing the harms resulting from historical manifestations of wrongdoing by settler colonialism and contemporary crimes of Aboriginal offenders. Brief commentary is then given to the delivery of the AIPRJP, followed by a summary of findings and recommendations for using culturally relevant programming.


Jane Anderson
Jane Anderson is Adjunct Research Fellow at School of Population and Global Health, The University of Western Australia, Australia. Corresponding author: Jane Anderson at jane.a@westnet.com.au. Acknowledgements: I extend my appreciation to the Noongar Elders and prisoners of the South West of Western Australia who co-designed the AIPRJP. My thanks go to the prison superintendent and staff for supporting the initiative. I am grateful to the peer reviewers for their constructive criticism which has led to substantial improvements to this article.
Article

Towards a restorative justice approach to white-collar crime and supra-individual victimisation

Journal The International Journal of Restorative Justice, Issue Online First 2022
Keywords restorative justice, white-collar crimes, supra-individual victimisation, spokespersons at restorative meetings, eligibility criteria
Authors Daniela Gaddi and María José Rodríguez Puerta
AbstractAuthor's information

    This work examines the feasibility of extending the implementation of restorative justice to the field of white-collar crime for a specific class of victimisation: that which people experience as a group (i.e. supra-individual victimisation). For this purpose, we analyse some key issues and outline a number of criteria for determining who would be able to speak on behalf of supra-individual victims of white-collar crime in restorative meetings. Some initial proposals are offered, based on four types of supra-individual victimisation, which would provide a framework for the selection of spokespersons who could attend restorative meetings in restoratively oriented criminal proceedings.


Daniela Gaddi
Daniela Gaddi is an Adjunct Professor of Criminology and Criminal Law at the Universidad Autónoma de Barcelona (UAB), Spain and a community mediator.

María José Rodríguez Puerta
María José Rodríguez Puerta is Professor of Criminal Law at the Universidad Autónoma de Barcelona (UAB), Spain. Corresponding author: Daniela Gaddi, daniela.gaddi@uab.cat.
Article

Access_open Evaluative Mediation (Part II), Deployment

How to Deploy Evaluative Mediation?

Journal Corporate Mediation Journal, Issue 2 2021
Keywords evaluative mediation, deployment, hybrids
Authors Martin Brink
AbstractAuthor's information

    Part II of this article addresses the question of how evaluative mediation may be used in practice. What guidelines are available to a mediator who considers crossing the line between facilitation and evaluation?


Martin Brink
Martin Brink PhD is Editor in Chief of this Journal, mediator and arbitrator at Utrecht and The Hague, The Netherlands.
Article

The Use of Technology (and Other Measures) to Increase Court Capacity

A View from Australia

Journal International Journal of Online Dispute Resolution, Issue 2 2021
Keywords court capacity, COVID-19, Australia, online dispute resolution, open justice, procedural fairness, access to justice, online courts, justice technology, judicial function
Authors Felicity Bell, Michael Legg, Joe McIntyre e.a.
AbstractAuthor's information

    The COVID-19 pandemic has forced courts around the world to embrace technology and other innovative measures in order to continue functioning. This article explores how Australian courts have approached this challenge. We show how adaptations in response to the pandemic have sometimes been in tension with principles of open justice, procedural fairness and access to justice, and consider how courts have attempted to resolve that tension.


Felicity Bell
Felicity Bell is a Research Fellow for the Law Society of NSW’s Future of Law and Innovation in the Profession (FLIP) research stream at UNSW Law, Sydney.

Michael Legg
Michael Legg is Professor and Director of the FLIP stream at UNSW Law, Sydney.

Joe McIntyre
Joe McIntyre is a Senior Lecturer in Law at UniSA: Justice and Society, University of South Australia.

Anna Olijnyk
Anna Olijnyk is a Senior Lecturer and Director of the Public Law and Policy Research Unit at Adelaide Law School, University of Adelaide, South Australia.
Article

Access_open International Perspectives on Online Dispute Resolution in the E-Commerce Landscape

Journal International Journal of Online Dispute Resolution, Issue 2 2021
Keywords online dispute resolution (ODR), e-commerce, international dispute resolution, international law, United States, China, European Union, Australia, alternative dispute resolution (ADR), online platforms
Authors Teresa Ballesteros
AbstractAuthor's information

    This article will examine Online Dispute Resolution (ODR) from several perspectives to provide a comprehensive understanding of the global efforts to incorporate ODR in the e-commerce scope. Upon examining the nature and growth of both e-commercial activities and ODR, there will be an analysis from an international standpoint, where the article will discuss the relevant bodies and the progression of uniform standards in this regard. This is followed by an analysis of several jurisdictions, namely the United States, China, European Union and Australia. Finally, the essay will provide suggestions andrecommendations for the implementation of ODR.


Teresa Ballesteros
Teresa Ballesteros is a BCom/LLB student at the University of Sydney.
Article

AI in the Legal Profession

Teaching Robot Mediators Human Empathy

Journal International Journal of Online Dispute Resolution, Issue 2 2021
Keywords ADR, AI, ML, mediation, digital technology, value alignment
Authors Linda Mochon Senado
AbstractAuthor's information

    What benefits do AI technologies introduce to the law and how can lawyers integrate AI tools into their everyday practice and dispute resolution? Can we teach robot mediators to understand human empathy and values to conduct a successful mediation? While the future of AI in the legal profession remains somewhat unknown, it is evident that it introduces valuable tools that enhance legal practice and support lawyers to better serve their clients. This paper discusses the practical ways in which AI is used in the legal profession, while exploring some of the major concerns and hesitation over value alignment, morality and legal formalism.


Linda Mochon Senado
Linda Mochon Senado is a J.D. student at Osgoode Hall Law School. Research Assistant for the Winkler Institute for Dispute Resolution. Caseworker and Certified Community Mediator with the Osgoode Mediation Clinic.
Article

Access_open Global Solidarity and Collective Intelligence in Times of Pandemics

Journal Netherlands Journal of Legal Philosophy, Issue 2 2021
Keywords Global solidarity, Pandemics, Global Existential Threats, Collective Intelligence, CrowdLaw
Authors José Luis Martí
AbstractAuthor's information

    Some of the existential threats we currently face are global in the sense that they affect us all, and thus matter of global concern and trigger duties of moral global solidarity. But some of these global threats, such as the COVID-19 pandemic, are global in a second, additional, sense: discharging them requires joint, coordinated global action. For that reason, these twofold global threats trigger political – not merely moral – duties of global solidarity. This article explores the contrast between these two types of global threats with the purpose of clarifying the distinction between moral and political duties of global solidarity. And, in the absence of a fully developed global democratic institutional system, the article also explores some promising ways to fulfill our global political duties, especially those based on mechanisms of collective intelligence such as CrowdLaw, which might provide effective solutions to these global threats while enhancing the democratic legitimacy of public decision-making.


José Luis Martí
José Luis Martí is Associate Professor of Legal and Political Philosophy, Department of Law, Pompeu Fabra University of Barcelona.
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