Occupy and Mediation: Two Movements That Offer One Another Massive Opportunity

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To begin with, any person who has ever facilitated a group must be impressed by Occupy general assemblies and both their ability to “self-amplify” with their "human mic" to make sure that everyone can hear, and also by their consensual “fingering” of their level of support for a proposition. This is truly a level of self-facilitation rarely evidenced. In fact, I am not sure that I have seen a better large group general consensus identifying process.

Next, when there have been conflicts within the Occupy group, it is clear that they have selected to utilize mediation to resolve the disputes. This is valuable both in the assembly being able to efficiently refer the most difficult matters for dedicated discussion amongst all interest groups and also to ensure that all who want to be heard are heard. See these articles about the Occupy Movement’s use of mediation: Occupy Wall Street vs. The Drum Circle and Occupy Wall Street: Drumming, Mediation and the Occupation.

Of particular interest to the author is how the Occupy Movement, including in its dispute resolution efforts and consensus building, has also extensively relied upon the Internet for dialogue and decision-making. And so, while the Occupy Movement is at one level very “brick and mortar” (really rip-stop nylon and duct tape), at another level the movement is very cyber, and it is clear that online communication capacities are the lifeblood of the movement and complimenting all aspects of their operations, including online discussions being an important part of the Occupy Movement's dispute resolution and mediation efforts.

It does seem that there is a certain congruence between mediation and the Occupy Movement. To the extent that the movement is a new expression of “pure democracy,” it is clear that there is high value placed on allowing participants to be heard, there is also support for dissenting views, and a primacy of seeking effective and voluntary agreed-upon solutions. I particularly note that, in pursuing dispute resolution options, we do not exactly see the Occupy movement relying on the courthouse for “justice,” or do we?

As it turns out, the Occupy movement will eclectically utilize the full range of dispute resolution options, including the courts. See for example these two recent articles: Occupy Boston will attend mediation with City, BPD, and Rose Kennedy Greenway and Court: OccupyBoston can stay, but has to appoint mediators and abide by final ruling.

And so we see that, even when matters make their way into the courts, when it comes to the Occupy Movement, the answer is mediation! What other flexible and durable answer could there be?

And so, to get to my bottom-line, I would like to issue a challenge to the Occupy Movement. I ask the movement to recognize mediation as the movement’s preferred dispute resolution process. Some progressive states, like my home state of Oregon, have done exactly this. If you review Oregon Revised Statutes (ORS) 36.100, you will find the following language:

“It is the policy and purpose of [the State of Oregon] that, when two or more persons cannot settle a dispute directly between themselves, it is preferable that the disputants be encouraged and assisted to resolve their dispute with the assistance of a trusted and competent third party mediator, whenever possible, rather than the dispute remaining unresolved or resulting in litigation.”

And so I issue this challenge to the Occupy Movement: Identify mediation as the Occupy Movement’s preferred dispute resolution process. If you will do this, we can not only change the conversations that takes place in our society, but how those conversations take place. Enough polarized stalemates already!

It is time for us to be inclusive and to be smart. It is time for us to do things in better ways . . . to do things in "best ways." All of us at Mediate.com hope that the Occupy Movement recognizes the actual and symbolic value of adopting a powerful policy of mediation as a preferred dispute resolution process. Together, we can shine this guiding light for the world.

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John ,   Edinburgh UK	john.sturrock@core-solutions.com      12/03/11
Occupy
Great to get the dialogue going. With 2 mediator colleagues, we offered a workshop in the Occupy tent here in Edinburgh this week - on Conversations in Difficult Situations. As ever the key is to listen, and to build trust and relationships. There is no other way, manning the barricades is unlikely to solve the problems. And we have much more in common than separates us. The time for polarisation has passed but addressing complexity is not easy - whether you are a protester or a banker. Add New Comment

Martin ,   Victoria BC	golder@shaw.ca      11/30/11
I have been following the Occupy movement and writing about it as a very important phenomena. The circle consensus and human mic processes immediately show that this is no ragtag group. It takes highly functional people to subject themselves to two hours of consensus when a dictator would wrap it up in 30 seconds. We know that so much of our current house of cards is not going to survive much longer and so we need new models of processes including conflict management that we can design into place rather than just collapse into mayhem. We are at the peak of peak everything getting ready to slide down the other side and knowing that all the systems that are in place for the trip up here are irrelevant to the world on the other side. These are very focused and intelligent people reaching into the void to find out where we are going. I like their choices. Add New Comment

Ellen ,   Pittsburgh PA	11/30/11
Having talked to some people from Occupy Pittsburgh and having read this article I have been thinking about if and how mediation can work in situations where a group is still really in the forming stage. The Occupy movement is not just one group. It is diverse and many factions within the movement do not have designated leaders. The decision-making and information decimation structures and processes are still forming. I am wondering if there is work to be done prior to any mediation. Perhaps what is needed is conflict coaching to help individuals and factions gain clarity about goals, strategies, resources and options. Or perhaps there are organizational development experts who could get involved to help the groups think about what if any additional structure they want or need. Add New Comment

Cheng ,   Hong Kong	11/29/11
I went to meet the group in Hong Kong when I firstly know the group resolved conflict by General Assembly. Please refer to Susskind' s book, Breaking Robert's Rule, you will more appreciate of this article. I will work to merge these two movements that could lead us to a harmonious community. Please let me know if you there is any insight of this movement. Add New Comment

John ,   Oak Park IL	cabral@oakparkmediation.com      11/23/11
thanks so much for this article
I so appreciate this article, will spread it around Occupy Chicago. Melamed's right: their first tendency is toward "mediation", every time. In the Occupy Chicago "Conflict Resolution" committee, there is a searching, it seems, for effective tools. Some discussion of "juries" where occupiers accused of theft or drug use or violence will "hear charges against them" and then possibly get permanently booted from the Occupy. Or "shamed" into proper behavior. There is conflict here too about how to deal with conflict!! This article will help the movement! Gives me much confirmation and guidance. Thank you. Add New Comment

The views expressed by authors are their own and do not necessarily reflect the views of Resourceful Internet Solutions, Inc., Mediate.com or of reviewing editors.