Diversity Articles
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A New Generation of Mediators (2/13/12)
Charlie Irvine Scotland has not been quick to adopt mediation. I have written before about the wariness shown by some of our most senior judiciary, and Scottish litigators have told me they have more experience of mediation in London than in Edinburgh or Glasgow.
Effective Use of Civil and Commercial Mediation in Poland: Part 2 (2/06/12)
Sylwester Pieckowski Poland was one of the first EU Member States to enact a detailed and complete legislation on mediation in civil and commercial matters (“Polish Mediation Law”). The Law entered into force on December 10, 2005. This article discusses Polish mediation in civil matters.
The Pull of Hate in Lawsuits (1/30/12)
Karin S. Hobbs “Let no man pull you low enough to hate him.” Every year at this time, we are reminded of the great work of Reverend Martin Luther King, Jr. So often I encounter people who seem to “hate” each other.
In a recent series of mediations, I encountered a number of people who began to “hate” each other.
(1/10/12)
Keith Seat
The U.S. Equal Employment Opportunity Commission reports that in fiscal 2011 it again set a record for the amount of monetary relief obtained for victims of discrimination, at $365 million, of which over $170 million was obtained in mediations. About 100,000 discrimination charges were filed with the EEOC, but the agency reduced its backlog so that fewer than 80,000 matters were pending late in the year.
JDSupra (December 16, 2011)
The Mediator's Toolkit: Cultural Competence - Transcending Culture Differences in Mediation (12/05/11)
Dave Aschaiek This article considers different definitions of culture, how culture has been seen to influence communication and the concept of cultural competence as it relates to facilitating intercultural communication. This article further examines the concept of cultural competence as it relates to mediation and more specifically the Mediator's role.
Kris Humphries Divorce from Kim Kardashian (11/21/11)
Andra Brosh The Kim Kardashian/ Kris Humphries divorce is top news, just about everywhere you look. It is important to keep in mind that divorce can be one of the most excruciating periods in life, no matter who you are or how long the marriage lasted. Both Kim Kardashian and Kris Humphries have a potentially tough road ahead of grieving and healing.
Multiculturism, and a Critique of Pure Tolerance (11/07/11)
F. Peter Phillips At the IBA in Dubai last week, a three-hour session was held on “The Rise of Multiculturalism and Resulting Challenges of Managing Diversity in the Workplace.” While the subjects discussed were fascinating, the subjects not discussed might have been even more so.
Taking the "Me" Out of Mediation (10/24/11)
Delores Manwar The "Me" impacts many areas of the mediation process. We can leave the “Me” out of mediation and replace it with an armor of understanding, empathy, open mindedness, and non-judgmental practices.
AudioBlog: Religious Diversity: Did You Know? (9/26/11)
Jeff Thompson The four panelists will speak from their perspective of their particular faith including the Buddhist, Hindu, Muslim and Sikh faiths giving conflict resolution professionals and practitioners important knowledge that applies directly to their work. This includes: information on core beliefs, clothing, physical contact and more.
Want Peace? Remind Opponent that People Change (9/19/11)
You can tell a conflict is intractable when you ask the parties to say something nice about the other and all you get is a stream of invective. Try this over dinner with relatives from the opposite political party.
"Equality" Matters (9/06/11)
Phyllis Pollack Forward-looking outcomes, emphasizing improved future relationships, are thought to lead to more durable agreements than backward-looking outcomes concerned with settling past grievances and reparations. These arguments are based on the idea that justice (or fairness) promotes trust which results in more stable relationships.
The Influence of Cultural Diversity in Mediating Complex Multi-Party and Catastrophic Loss Conflict (8/08/11)
Joe Epstein, Robyn McDonald To Americans, “cultural diversity” means experiences derived from the differences in race, religion, gender, age, ethnicity and more recently, sexual orientation. Yet, this definition is a bit myopic; consider the implications of: immigration status, socio-economic and marital status, work experiences (blue collar/white collar, unemployed/underemployed), education, group memberships (NRA, ADL, Sierra Club, John Birch Society, Greenpeace, ACLU, Tea Party Movement), political affiliations, parenthood, disabled or disadvantaged or other significant life experiences - as they too, impact the concept of cultural diversity.
The Healing Power of Apologies for Parents and Teens (7/05/11)
Lorraine Segal Since everyone involved was willing to accept responsibility for their part and graciously accept the others’ apologies, all we mediators had to do was let positive results of the initial apology unfold and watch the transformation that followed.
(5/17/11)
Keith Seat
The International Mediation Institute has published draft criteria for its planned Inter-Cultural Competency Certification of mediators, following a year of meetings and preparation. A pilot program is planned prior to launch of the initiative in late 2011.
International Mediation Institute (March 2011)
Sulha: Traditional Arab Dispute Resolution (4/18/11)
F. Peter Phillips Continuing with the series on models of conflict resolution that are not based on the parties’ interests, below is reproduced another chapter in a proposed book on alternatives to Western mediation methods. This one — the Arab practice of sulha – is centuries old, pre-dating even the Prophet, and its motivating considerations are an amalgam of the community’s desire for stability, aggrieved parties’ need for restored honor, and accused parties’ need for reconciliation and regaining face.
Vindicating individuals’ particular interests is nowhere to be found.
The Four Magic Words for Women Lawyers (4/11/11)
Victoria Pynchon I spoke at the Ms. JD Conference last week, advising the best and the brightest law students in the country how to crack the seemingly bullet-proof private practice glass ceiling.
Alternatives to Interest-Based Problem-Solving: Ho’oponopono (3/27/11)
F. Peter Phillips Traditional Hawaiian practices include a structured ritual whereby a family gathers to exchange concerns, reveal wrongs and resentments, and set the family unit right. The practice, ho’oponopono, is often inadequately understood by non-Hawaiians and in certain instances misappropriated (whether intentionally or through ignorance). This chapter attempts to describe the practice, with acknowledgement that non-Hawaiians necessarily labor under spiritual and cultural limitations that prevent full understanding of, and engagement in, the traditions of others.
Just Like Me (3/21/11)
Phyllis Pollack As a lawyer licensed in California, I am required to take a certain number of continuing education courses, one of which is the elimination of bias.
The Middle East: Without A Middle (12/27/10)
Dorit Cypis How can mediators expect to develop multicultural conflict engagement and transformation programs for Jews and Palestinians when there is no equity between them? On what can trust be based when the Israeli State continues to rupture the Palestinian identity and rob the Jewish Israeli of truly knowing his/her neighbour? Mediators are stymied by this reality but are also reticent to engage in advocacy strategies as they fear losing their “neutrality” status, but what else can we do?
Roger Fisher: Negotiating with Terrorists Necessary - Video (10/23/10)
Roger Fisher Roger Fisher believes talks and negotiation with terrorists can produce more benefits than judging from a distance. He emphasizes the need for understanding and listening to terrorist grievances, which are often legitimate.
Holistic Law Approach To Indigenous Incarceration (10/18/10)
Michelle Brenner This paper highlights the journey of peace building in the context of prison rehabilitation. The intention of this paper is to attempt to align the cultural, spiritual, psychological and physical aspects of indigenous conflict resolution with a practical peace building application in one of the growing industries in the world, the prison system.
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