What's So Funny 'Bout Peace, Love And Understanding? Thoughts On Why We're Not Getting To Yes


by Diane J. Levin

From Online Guide to Mediation

April 2007

Diane J. Levin

Respected dispute resolution scholar and pioneer Carrie Menkel-Meadow recently posed an important question for our field in her essay "Why Hasn't the World Gotten to Yes? An Appreciation and Some Reflections".

In it Professor Menkel-Meadow pauses to consider the enduring legacy of Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher and William Ury's influential work which laid out a common-sense approach for effective negotiation that stresses satisfaction of interests, mutual gains, joint problem-solving, and the use of objective criteria to create fair deals.

The full title of the book should be noted: "Negotiating Agreement Without Giving In" (emphasis mine). In other words, this book does not stand for weak-willed capitulation. On the contrary. Principled negotiation is designed to prevent the exploitation of one side by the other. It encourages negotiators to keep their eyes wide open--to be trustworthy but not trusting--and prepares them to bargain from a position of strength.

Yet this model for negotiation remains widely misunderstood and even maligned, especially here in the U.S., where we are fond of asserting that "we don't negotiate with terrorists" and the word "collaboration" evokes not teamwork but the Vichy regime.

Consider for example what conservative commentator Michelle Malkin had to say a couple of years ago about peer mediation:

The left-wing Kumbaya crowd is quietly grooming a generation of pushovers in the public schools. At a time of war, when young Americans should be educated about this nation's resilience and steely resolve, educators are indoctrinating students with saccharine-sticky lessons on "non-violent conflict resolution" and "promoting constructive dialogues." As irrational as these objections may sound to those of us who work in the dispute resolution field, we dismiss them at our peril. They are widely held.

To understand these objections more fully, listen to a story that aired this weekend on National Public Radio, "Peace Proposal Rattles Small Town". It describes the hell that broke loose when a women's club in a small Minnesota city persuaded the city council to pass a resolution endorsing a proposed congressional bill that would create a United States Department of Peace and promote the use of conflict resolution and negotiation. Public condemnation of the city council vote came swiftly, and, in the face of mounting opposition, the city council rescinded the resolution following a heated public hearing.

So why the objections? Quite a few viewed the bill (which many had apparently never bothered to read) as an attack on U.S. sovereignty, believing it would place the United States under the full control of the United Nations. Some condemned the Department of Peace as an instrument of communism. Others claimed that a Department of Peace would signal to our enemies that Americans are weaklings afraid to fight--"wusses" in the word of one citizen interviewed by the NPR reporter.

Peace, in other words, is for sissies.

That is the challenge that our profession faces. Until we can persuade the skeptics that principled negotiation and conflict resolution are smart, tough, strategic choices, we'll never get the world--or at least our neighbors right here at home--to yes.



to top of page

Biography




Diane Levin is a dispute resolution professional in the U.S. in the Greater Boston area, and a principal of OptionBridge LLC, a full-service ADR firm headquartered in Concord, New Hampshire. Formerly an attorney practicing tort, labor/employment, and probate law, she now focuses full-time on providing alternatives to litigation.  Since 1995 she has helped clients resolve disputes involving tort, employment, business, estate, family, and real property issues, and serves on numerous mediation panels, including the United States Equal Employment Opportunity Commission. Training and coaching are an enduring passion -- she has taught thousands of people to resolve conflict, negotiate better, or become mediators -- from Croatian judges to Fortune 500 executives.

 

While real-world, in-person interactions are important to her work, the internet plays an integral role. Someone who actually builds web sites for fun, Diane serves as technology consultant to mediators and other service providers. She was one of the first people in the world to blog about ADR, and for three years has published the award-winning  MediationChannel.com.  She also tracks and catalogues ADR blogs world-wide at ADRblogs.com, where she has created a community for bloggers writing about constructive ways to resolve disputes.



Email Author
Website: www.partneringsolutions.org

Additional articles by Diane J. Levin



Comments



Free subscription to comments on this article Add Brief 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.

  reddit:

The Oregon Mediation Center

Copyright 1996-2008 © Resourceful Internet Solutions, Inc. All rights reserved.