Dispute domains and welfare claims : conflict and law in public bureaucracies

書誌事項

Dispute domains and welfare claims : conflict and law in public bureaucracies

by Gale Miller and James A. Holstein

(Contemporary ethnographic studies)

Jai Press, c1996

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注記

Includes bibliographical references (p. 263-266) and index

内容説明・目次

内容説明

Encounters between clients and staff members in human services organizations are "disputes waiting to happen" with potential for disagreement and conflict at every point. Both the client and the staff member have needs and expectations which often produce a conflict of interest and a clash of perspective. This initial disagreement becomes an argument which in turn becomes a full-scale conflict and easily escalates into something which prevents the organization from operating effectively and the client from achieving his sometimes trivial demands. This volume studies in particular the Work Incentive (WIN) programme, examining how staff-client interactions are conducted in terms of conflicts, disputes, hearings, meetings and legal procedures. This is an organization constantly challenged to manage disputes that may range from normal daily disagreements between client and staff to violent incidents. How does it cope? How is conflict managed? How are disagreements resolved? And how are disputes handled without damaging the day-to-day running of the organization? This book has implications which go far beyond the WIN programme to all organizations, particularly those involved in the human service sector. Conflict management is increasingly a skill which is important both in the welfare system and in business. This book is a reference tool for the legal, social and organizational aspects of dispute resolution, and an ethnographic study of our times.

目次

  • Part I Organizational conflict and disputing: purpose of the study
  • analytic foundations
  • social foundations
  • social contexts of organizational conflict
  • dispute domains
  • organizations as interrelated dispute domains
  • focus of the analysis. Part II Conflict and disputing in WIN: the work incentive programme
  • the WIN office
  • institutional setting
  • space and activity in the office
  • interpreting clients and their troubles
  • organization of the analysis. Part III Emerging conflict and everyday disputing: routine staff-client interactions
  • routine interactions as a dispute domain
  • anticipating and forestalling conflict
  • seeing and managing conflict. Part IV Formalizing disputes: from conflicts to disputes
  • staff member orientations to pattern of behaviour meetings
  • interactional organization of pattern of behaviour meetings
  • conciliation meetings as narrowed conditions of possibility
  • conciliation meetings as coordinated events
  • interactional organizations of conciliation meetings
  • formalization and transformation. Part V Alternatives and complications: possibilities in WIN staff-client relations
  • readmission to WIN
  • subsequent staff-client relations
  • anticipating WIN hearings
  • preparing for WIN hearings. Part VI WIN hearings: appeal hearings in brief
  • hearings outcomes
  • the sequential organization of WIN hearings
  • presenting WIN's actions
  • cross-examination of WIN witnesses
  • clarifying and verifying - the client's version
  • cross-examination of the client
  • questioning client witnesses
  • terminating the hearing
  • findings of fact and conclusions of law. Part VII Procedural orientations: following legal procedures
  • focussing on WIN procedures. Part VIII Dispute transformations: formal orchestration
  • implications of procedural orientation
  • shifting the focus. Part IX Implications and conclusions: WIN as interrelated dispute domains
  • narrowing and widening disputes
  • formalization, advantage and power
  • disputing horizons and trajectories
  • discretion in dispute domains
  • final remarks. Methodological appendix: on theory and method
  • the ethnography of WIN
  • discourse analysis of WIN hearings.

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