Towards mediation: developing a theoretical framework to understand alternative dispute resolution

This article examines alternative approaches to conflict resolution by developing a theoretical framework that relates dispute resolution practice to philosophical assumptions about authority and knowledge. By investigating the assumptions underpinning interest‐based bargaining and mediation their link to direct democracy and challenge to managerial authority are revealed at the level of theory and practice.     

Possibilities and Constraints of Market‐Led Land Reforms in Southern Africa: An Analysis of Transfers of Commercial Farmland in Postcolonial Zimbabwe, 1980–2000

This paper provides a systematic basis, hitherto missing in the current scholarship, to quantify land transfers in Zimbabwe after 1980. It uses title deed information to determine year of sale via a number of sources. The main finding of this research is that a great deal of land changed ownership during this period, which, if the government had been committed to land reform, it could have acted upon. Evidence suggests as much as 67 per cent of white‐owned land changed ownership after 1980. The second is that, while a large amount of land did change hands, it was not the 80 per cent that many white farmers and their supporters have claimed. The figure of 69 per cent is still very high, but it is apparent that much of this did not represent ‘true’ transfer of land. By further investigating the land that did change hands, this paper also raises questions about (a) the possibilities of market‐led land reform in Zimbabwe and Southern Africa, and (b) the relationship between white capital and the new political elite in the postcolonial state.     

The impact of HRM practices on service quality,customer satisfaction and performance in the Indian hotel industry

This article reviews findings from a first survey of employers' views on collective bargaining reform that now forms the centrepiece of post-apartheid South Africa's experiment with 'democratic corporatism'. Using factor analysis, three constructs have been identified that inform employer attitudes to a revised system of sectoral bargaining: 'autonomous capacity'; 'conditional association'; 'external threat'. Despite the potential for anomie, these factors appear significant in the way they consistently explain an employer's orientation towards associational membership and, by proxy, sectoral bargaining. Moreover, at least two-thirds of responding firms identified strongly with each of the three factors but, typically, firms with weak capacity and in need of collective protection from the other actors are most likely to associate. Regression analysis further reveals company well-being, foreign ownership and union presence to have a significant impact on these three factors to varying degrees. Equally, two of the factors (autonomous capacity and external threat) impact significantly on an employer's tolerance of free-riding in others and on the temptation to do so for oneself. Overall, for this sample of firms, employer bodies are to be viewed more as 'political devices' than as 'economic agents' in the immediate aftermath of political liberation. In this sense, they are different from their European counter-parts. However, there is an increasing likelihood of this changing as the flexibility agenda looms ever larger in employers' minds and as issues of 'political insecurity' correspondingly fade.     

University Commercialization Strategies in the Development of Regional Bioclusters*

To analyze university contribution to economic development, the present study examines universities' technology transfer policies and their associated economic development impact. The article examines how a university defines itself as part of a region as well as what activities, if any, do university commercialization strategies in context of their regional environment affect spin‐off activity. Furthermore, this study explores the ways universities contribute to regional economic development by examining existing theories and analyzing universities' relationships with both government and industry in two regions. This study draws from Roberts and Malone's (1996) selectivity–support typology and highlights this article's argument by comparing the commercialization strategies of world‐class universities strategies in the development of regional biotechnology clusters in Massachusetts and in Connecticut. This article investigates the notion of whether universities can differently influence the economic development processes of the while still having successful commercial outcomes. These findings build on previous research ( Clarysse et al., 2005; Degroof and Roberts, 2004; Powers and McDougall, 2005 ), which argues that low support–low selectivity policies may be more suitable to entrepreneurially developed environments, whereas high support–high selectivity policies are more efficient in entrepreneurially underdeveloped environments. Masachusetts Institute of Technology (MIT) is located in a strong technopole region, whereby many of its support structures for spin‐off formation are provided by the regional infrastructure of the Cambridge–Boston region. In contrast, Yale University, which has an underdeveloped entrepreneurial context, has had to take a more proactive role in providing incubation capabilities to their spin‐off projects. This finding supports a contingent based perspective of academic entrepreneurship, whereby low support–low selectivity policies are more fitted to entrepreneurially developed environments, whereas high support–high selectivity policies are more efficient in entrepreneurially underdeveloped environments.     

Non-audit services provided to audit clients,independence of mind and independence in appearance: latest evidence from large UK listed companies

This paper investigates whether the provision of non-audit services (NAS) to audit clients impairs auditor independence of mind and independence in appearance. The main contributions of this paper are in terms of its timeliness with respect to regulatory changes, the simultaneous examination of both forms of auditor independence and the methodological innovation whereby it uses a variable derived from the level of abnormal audit fees as a moderating variable in order to capture the direct impact of the NAS fee level on auditor independence as well as how its influence is moderated by the level of unexpected audit fees. Our results indicate that auditor independence of mind is compromised by the size of NAS fees, particularly for clients who pay below the level of expected audit fee. The stock market perceives that auditor independence is compromised by NAS fees but, at the same time, additional tests indicate that there are benefits that accrue from NAS and, in particular, the relation between return and non-discretionary net income is increasing in NAS fees. The balance of evidence suggests that the European Union is correct in undertaking some reform of the auditing market.     

Membership patterns in USDAW 1980–1990: survival as success?

This research note examines the pattern of union membership growth in USDAW during 1980 to 1990. The union's recruitment strategies, campaigns at local and national level, and the effect of changes in the labour market such as recent equal value judgements are examined with respect to changes in membership levels.     

Liberal economic nationalism,financial stability,and Commission leniency in Banking Union

This paper demonstrates that protection and promotion of insolvent banks remains a high priority for national authorities in Europe, and the Commission partially accommodates these impulses in the desire to preserve national financial stability. Insolvent banks are kept alive despite Banking Union rules on resolution designed to facilitate their closure at the cost of private investors. Italian and Portuguese cases demonstrate that pressure to relax state aid rules is strongest where problems are the greatest. However, the long-term trend is still an incremental decrease in national leeway to protect and promote national bank ownership.     

The Impact of Patents on Innovation,Technology Transfer and Health: A Pre- and Post-TRIPs Analysis of India's Pharmaceutical Industry

The debate surrounding the World Trade Organization's Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement indicates that patents matter for development. Yet literature on the geography of knowledge transfer shows that knowledge is spatially sticky, suggesting that the impact of patents can be exaggerated. Using interview evidence, this paper explores how Indian pharmaceutical firms have responded to changes in patent law, including the introduction of more extensive patent protection in 2005 as a condition of TRIPs. A regime of limited patent protection for over three decades prior to TRIPs facilitated informal knowledge transfer and the emergence of a pharmaceutical industry with significant domestic capabilities. Contrary to some expectations, the Indian pharmaceutical industry has continued to grow post-TRIPs, with large domestic firms becoming involved in more formal technology transfer as part of an increasingly collaborative relationship with multinationals. This trend is also driven by a focus on the markets of developed countries, raising questions for the future sustainability of India's low-priced medicines. While changes in patent law can facilitate or inhibit a variety of aspects of development, the adaptation of the Indian pharmaceutical industry suggests that their impact must be related to the broader institutional setting, particularly the underlying domestic capabilities.