Stay up to date on everything mediation!

Subscribe to our free newsletter,
"This Week in Mediation"

Sign Up Now

Already subscribed No subscription today
Mediate.com

Building Common Ground Between Bubbles - Part 5

by John Lande
January 2017

Indisputably

John Lande

On January 10, President Obama gave his farewell address, which dealt, in part, with building common ground between people divided across so many boundaries.

Although some people obviously disagree with President Obama politically, hopefully most people would agree with the following ideas.  As I wrote previously, understanding and empathizing with others does not mean that people should abandon their principles simply for the sake of getting along.  Indeed, understanding and empathy may be crucial for engaging constructively in conflict when possible.

“But laws alone won’t be enough [to combat discrimination].  Hearts must change.  It won’t change overnight.  Social attitudes oftentimes take generations to change.  But if our democracy is to work in this increasingly diverse nation, then each one of us need to try to heed the advice of a great character in American fiction — Atticus Finch — (applause) — who said “You never really understand a person until you consider things from his point of view…until you climb into his skin and walk around in it.”

“For blacks and other minority groups, it means tying our own very real struggles for justice to the challenges that a lot of people in this country face — not only the refugee, or the immigrant, or the rural poor, or the transgender American, but also the middle-aged white guy who, from the outside, may seem like he’s got advantages, but has seen his world upended by economic and cultural and technological change.  We have to pay attention, and listen. (Applause.)

“For white Americans, it means acknowledging that the effects of slavery and Jim Crow didn’t suddenly vanish in the ’60s — (applause) — that when minority groups voice discontent, they’re not just engaging in reverse racism or practicing political correctness.  When they wage peaceful protest, they’re not demanding special treatment but the equal treatment that our Founders promised. (Applause.)

“For native-born Americans, it means reminding ourselves that the stereotypes about immigrants today were said, almost word for word, about the Irish, and Italians, and Poles — who it was said we’re going to destroy the fundamental character of America.  And as it turned out, America wasn’t weakened by the presence of these newcomers; these newcomers embraced this nation’s creed, and this nation was strengthened. (Applause.)

“So regardless of the station that we occupy, we all have to try harder.  We all have to start with the premise that each of our fellow citizens loves this country just as much as we do; that they value hard work and family just like we do; that their children are just as curious and hopeful and worthy of love as our own. (Applause.)

“And that’s not easy to do.  For too many of us, it’s become safer to retreat into our own bubbles, whether in our neighborhoods or on college campuses, or places of worship, or especially our social media feeds, surrounded by people who look like us and share the same political outlook and never challenge our assumptions.  The rise of naked partisanship, and increasing economic and regional stratification, the splintering of our media into a channel for every taste — all this makes this great sorting seem natural, even inevitable.  And increasingly, we become so secure in our bubbles that we start accepting only information, whether it’s true or not, that fits our opinions, instead of basing our opinions on the evidence that is out there. (Applause.)

“And this trend represents a third threat to our democracy.  But politics is a battle of ideas.  That’s how our democracy was designed. In the course of a healthy debate, we prioritize different goals, and the different means of reaching them.  But without some common baseline of facts, without a willingness to admit new information, and concede that your opponent might be making a fair point, and that science and reason matter — (applause) — then we’re going to keep talking past each other, and we’ll make common ground and compromise impossible.” (Applause.)

Biography


John Lande is the Isidor Loeb Professor Emeritus at the University of Missouri School of Law and former director of its LLM Program in Dispute Resolution.  He received his J.D. from Hastings College of Law and Ph.D in sociology from the University of Wisconsin-Madison.  He began mediating professionally in 1982 in California. He was a fellow at the Program on Negotiation at Harvard Law School and the Director of the Mediation Program at the University of Arkansas at Little Rock Law School. His work focuses on various aspects of dispute systems design, including publications analyzing how lawyering and mediation practices transform each other, business lawyers’ and executives’ opinions about litigation and ADR, designing court-connected mediation programs, improving the quality of mediation practice, the “vanishing trial,” and planned early negotiation.   The International Institute for Conflict Prevention and Resolution gave him its award for best professional article for Principles for Policymaking about Collaborative Law and Other ADR Processes, 22 Ohio State Journal on Dispute Resolution 619 (2007). The ABA recently published his book, Lawyering with Planned Early Negotiation: How You Can Get Good Results for Clients and Make Money.  His website, where you can download his publications, is http://www.law.missouri.edu/lande.



Email Author
Author Website

Additional articles by John Lande

Comments