On Finding Uncommon Ground


by Michael Jacobs

August 2009

Michael  Jacobs

Common ground is often overrated.

For many new and even relatively experienced mediators there’s a kind of ‘holy grail’ quality attached to finding common ground. From the outset, each utterance of the disputing parties is scrutinised to reveal the potential for overlapping meaning. Statements are reframed to best display their patina of agreement.

Neighbour disputes provide one of the clearest examples. Ask the parties what they want and inevitably both will reply they want a peaceful life, to be able to relax in the comfort of their own homes. There’s no need to dig for this mutual message, it will emerge within the first five minutes. And heaven help the mediator who believes that the acknowledgement of a joint goal signals an easy journey. More often it is the prelude to a full-scale launch of blame, accusation and mutual recriminations.

The problem with hastening towards common ground is that it’s predicated on similarities – and parties arrive in dispute focused on differences. Not giving time for those differences to make themselves fully present is one of the biggest mistakes mediators can make. A mistake often compounded by our insisting that the gap between the parties isn’t as big as they imagine.

This behaviour on the part of the mediator is understandable. Increasing differentiation can feel counterintuitive. There is the underlying fear that parties will respond by becoming ever more polarised – to the extent that they are unable or unwilling to shift their positions. It’s not difficult to see why mediators might seek to reduce the gap.

The gap, however, is what people in conflict know best. The gap between parties is a precise measurement of how much closer they are to the ‘truth’. To discount the gap’s importance is to undermine claims of being in the right, of justifying positions. After all, believing that ‘truth’ is on their side is what allows most parties to say yes to mediation in the first place.

As mediators, we know the provisionality of such ‘truth’. We also know that mediation can help people move from fixed positions to more mutual interests and needs. It is not, however, a journey that can be rushed. And this is the prime danger with the tantalizing territory of ‘common ground’.

The paradox here is that common ground is often best attained through articulating differences. Doing so means drilling down below the level of abstract notions of truth and rightness. Parties must own their particularity. What must be made manifest are the unique thoughts and feelings generated by the current situation. Into the room come anger, hurt, shame, surprise, misunderstanding, recognition, confusion and relief – the full panoply of our faults and gifts. Extending an invitation to our differences, what shows up is our shared humanity. And this is the only real common ground. As mediators we know something of this roundabout route. We know that parties need to move away from the apparent simplicity of right/wrong into the far messier terrain of perhaps and maybe. Strangely enough, this is a journey best undertaken by unpacking – exposing their assumptions and preconceptions, making public their private worlds. In the process, they become more visible – both to themselves and to the other party.

While mediators might wish it, there are no shortcuts. To reach across the gap between parties requires the fullest possible extension of the imagination. The imaginative reach stands in direct contrast to the literalness that dominates the initial stages of mediation. Only an active and empathic imagination can see how actions that once seemed vindictive and unreasonable were based on a world-view in which they made perfect sense. Conflict would neutralise the imagination, replacing it with generalities and abstractions. Only in particularising that imagination is it possible to dissolve the dispute.

So by all means we should seek common ground, but the route must be via difference. The job of the mediator is to ensure that these differences emerge as fully and fruitfully as possible. To encourage parties to move towards themselves, even if it seems that in the process they are moving away from the other. As mediators we need to trust that our humanity is circular – move far enough in any direction and we cannot help but meet ourselves coming back round again.



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Biography




Michael Jacobs has been a practicing mediator for nearly sixteen years. He loves what he does and wishes he had the humility to refer to himself as a peacemaker. Currently he trains mediators in both family and workplace mediation. He lives just outside of Hereford in the UK.

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 Gaye ,   Auckland , NZ  gaye.greenwood@aut.ac.nz      12/01/09 
 Recognising different constructions of reality builds the bridge for a new way of thinking about the issues 
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Very good article exploration of differences leads to deeper understanding better communication and more enduring agreements. It provides an oportunity for change as people construct multiple realities that shift over time, we facilitate that shift. Recognition of differences and complexity during mediation builds the bridge for deeper more active listening and better understanding of different perspectives on the same problems..... transformation.
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 Gaye ,   Auckland , NZ  gaye.greenwood@aut.ac.nz      12/01/09 
 Recognising different constructions of reality builds the bridge for a new way of thinking about the issues 
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Very good article exploration of differences leads to deeper understanding better communication and more enduring agreements. It provides an oportunity for change as people construct multiple realities that shift over time, we facilitate that shift. Recognition of differences and complexity during mediation builds the bridge for deeper more active listening and better understanding of different perspectives on the same problems..... transformation.
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 Eva Zimet,   Randolph VT  eva@contactmediation.com      09/16/09 
 peacemaker 
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Thanks for giving the entire profession of mediation another stepping stone. As you mentioned, even experienced mediators are apt to find themselves shying away from the more subtle shapes of conflict. Acknowledging and exploring the differences has proven, in my work too, most effective and constructive.
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 Antony Sendall,   London, UK    09/09/09 
 A further (rather more flippant) comment 
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"we need to trust that our humanity is circular – move far enough in any direction and we cannot help but meet ourselves coming back round again." - It may be true that some aspects of humanity are circular, it does not apply to everything. In the words of the great Eddie Izzard "you can't reverse into cool, hip and groovy".
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 Marie ,   Covington KY    09/08/09 
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"we need to trust that our humanity is circular – move far enough in any direction and we cannot help but meet ourselves coming back round again." This is a wonderful way of encouraging mediators to take the time to allow clients to hear each other and understand the other's perspective. Such an approach results in a better understanding of the other's truths and leeds to more lasting understandings.
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