I Know What to Expect: The Impact of Prior Experience on Legal Empowerment

Porter, Robert

doi:10.1080/19452829.2015.1076774

Cited by 1 publication

(4 citation statements)

References 24 publications

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“…Accordingly, individuals who had these higher beliefs in their own ability to handle the conflict did indeed show more powerful claiming behavior. This is in line with researchers who take into account self-efficacy in work on access to justice and legal empowerment (McDonald et al, 2019;Pleasence & Balmer, 2019;Porter, 2016). I note that even if low power perceptions early in a conflict are not a cause but rather an indicator of higher needs and more negative outcomes, this does not discount their potential practical importance.…”

Section: Internal Validitysupporting

confidence: 78%

“…It may be that those with higher future self-efficacy assessments were more assertive, or it may be that those who were successful in composing an assertive message reported higher self-efficacy as a result of this successful experience. The correlation does reinforce that self-efficacy, along with situational factors, is a useful indicator of self-reliance in legal conflicts, especially when observing behavior is not feasible (Pleasence & Balmer, 2019;Porter, 2016).…”

Section: Discussionmentioning

confidence: 73%

“…We therefore test whether the interventions as well as the experience of reacting successfully to the situation can improve self-efficacy assessments. Selfefficacy assessments have been shown to reliably predict behavior and successful coping with challenges (Bosmans et al, 2015;Jex & Bliese, 1999;Porter, 2016). As such, selfassessments of future self-efficacy are useful indicators of the medium to long-term effects of interventions on behavior.…”

Section: Power and Empowermentmentioning

confidence: 99%

“…Before deciding on a course of action for their conflict, Olivia and Douglas will consider how well they will be able to defend their point of view, to manage their emotions, and to react to new or complex issues that may arise. The belief in one's ability to handle situations successfully refers to Bandura's concept of self-efficacy (Bandura,1997), which has been linked to empowerment in legal conflicts (Pleasence & Balmer, 2019;Porter, 2016). Self-efficacy beliefs are rooted in experiences of being successful (or unsuccessful) in previous similar situations (Bandura, 1997), but can also be informed by seeing peers be successful in similar situation, by positive or negative verbal feedback, and by physiological experiences such as strong emotions or distress (Bandura, 1997).…”

mentioning

confidence: 99%

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Feeling powerless and finding support: dynamics of power perceptions and empowering interventions in legal conflicts

van Dijk

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Nicholas told Olivia he wants to divorce her. She is shocked by this news, angry with Nicholas, and sad about the breakdown of their relationship. She is especially worried about the impact on their two young children. Nicholas wants to move ahead with the arrangements, but Olivia did not anticipate his wish to divorce. She realizes that Nicholas has already collected information and contacted a lawyer.Olivia feels unprepared and worries that she will not be able to afford a lawyer.Douglas ordered a new printer from a large online retailer two weeks ago but notices that the cartridges leak. He e-mailed the retailer, but the retailer replied that ink cartridges are not under warrantee. Douglas is unsure about his rights as a consumer. He wants to contact the retailer again, but doubts whether he will be able to write an effective and convincing message.Olivia and Douglas face two very common problems. For divorce, statistics show that per year and per 1000 married people, almost 9 people get divorced in the Netherlands (CBS, 2020). Similar numbers are found in England and Wales (Office for National Statistics, 2022), with an even higher number of 16 people per 1000 in the US (based on married women only -Reynolds, 2020). With regard to consumer conflicts, the Dutch pathways to justice study (2019) shows that in the period 2015-2019, problems with the purchase of goods and services were the most common legal problems in the Netherlands (Ter Voert & Hoekstra, 2020). International surveys reveal a similar picture (Pleasence et al., 2013).Although the situations of Olivia and Douglas are very different, both can be defined as conflicts. That is, both Olivia and Douglas feel 'obstructed or irritated' by another party and will 'inevitably react to it in a beneficial or costly way' (Van de Vliert, 1997, p. 4). Such reactions can range from avoidance to problem solving, and from accommodating to fighting (Van de Vliert, 1997). Depending on such responses and how the conflict further unfolds, different outcomes may arise: there could be an agreement with high benefits and low costs to both parties, or an escalated stalemate with high costs and very little benefits for either party. It is also possible that one party 'wins' and the other 'loses', or the outcome may simply be a sustained status quo with continued obstruction and irritation (Van de Vliert, 1997). Both conflicts of Olivia and Douglas can also be considered legal conflicts, or conflicts with legal aspects ( Van de Vliert, 1996). In the case of Olivia's divorce, she will need the legal system to finalize the divorce, but possibly also for help with negotiations in preparation of the divorce agreement. In Douglas' consumer conflict, he could contact the other party himself. However, if he cannot reach a solution that way, legal routes are open to him. In the tradition of 'paths to justice', conflicts that could be handled in the legal system, even when they are not, and even when no action is taken, are considered 'justiciable events' or legal conflicts (Genn, 1...

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Section: Internal Validitysupporting

confidence: 78%

Section: Discussionmentioning

confidence: 73%