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What Did Labor Day Teach Us About ADR?

by Susan Yates
September 2014

Just Court ADR by Susan M. Yates,Jennifer Shack, Heather Scheiwe Kulp, and Jessica Glowinski.

Susan Yates

For a while in the evolution of the ADR field, when two neutrals met they would sometimes ask what the other’s “profession of origin” was. What they meant was, “what did you do before you were a mediator?” There were some unspoken questions packed in there, too. They wanted to know, are you a full-time neutral or are you really from some other profession and trying to break into this one? And mostly I think they wanted to know, are you like me? Are you a lawyer, a therapist…?

I haven’t heard this question much recently. Maybe that is partly because ADR really is sinking into our society. Kids are mediating on playgrounds and deciding in college that they want to be mediators. Young adults are getting Masters Degrees in conflict resolution and looking to change the world. More people see mediation as their first career of choice, not the one they move to when they are tired of their original plan.

Even as conflict resolution increasingly becomes part of our everyday life, I would like to pay homage to a profession of origin that seems to be lost in the haze of ADR history. Thank you to the mediators and arbitrators who came from the labor relations field. They paved the way for those of us who follow in their footsteps in ADR. They made a living as neutrals and established mediation and arbitration as professions. The labor-management mediators and arbitrators distinguished between the two processes and figured out which ones worked in which situations. They launched national organizations, like the Society for Professionals in Dispute Resolution. (I remember attending national SPIDR conferences in the 80s as a community mediation executive director when SPIDR was almost all labor-management folks and there was nowhere else for ADR folks to meet.)

So, happy Labor Day! I hope you enjoyed the holiday, and that we still take time to stop and think for a moment about those labor-management arbitrators and mediators who paved the way for us and for those playground mediators who will follow in our footsteps. Labor-management neutrals are a big part of the origins of our profession and they deserve recognition.

Biography


Susan Yates has been Executive Director of Resolution Systems Institute (RSI) since 1997. In this role, she is responsible for implementing the organizational mission of improving the effectiveness of court-related alternative dispute resolution methods and for overall management of a national on-line Court ADR Resource Center, technical assistance to courts that are working to establish or improve their ADR programs, and monitoring and evaluation of court ADR programs.

As Executive Director, Ms. Yates assists state and federal courts throughout Illinois with their development of sound ADR programs. She uses her expertise and years of experience to help them navigate the complexities of program design, such as how to structure referral systems, how to deal with issues including confidentiality and neutrality, and how to ensure quality.

 



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Website: blog.aboutrsi.org/

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