Category Archives: Online

ABA Mediation Week 2013 – Closing Thoughts

Over this last week we have looked at  how a commitment to civility and more widespread use of the communication tools that mediators use can make a difference in our national politics.  During the US government shut-down, it was reported (NYT 10/101/13)  that Bruce Josten, a lobbyist for the US Chamber of Commerce, was making the rounds advising Democrats and Republicans alike that

The name calling, blame gaming – using slurs like jihadists, terrorist, cowards, that kind of language – it does not get you to a deal . . .

As ABA Resolution 108 warned, that kind of language appeals to and inflames personal hates and resentments, promotes division, and leads to stalemates.  We can change. By using stories of wisdom that emphasize our interdependence and other mediation techniques in our personal and public conversations we can begin to heal some of the partisan divides and work through the complex issues that affect our future together.  In his remarks to the nation, the president quoted our pledge of allegiance “One nation, indivisible with liberty and justice for all”.  Is it possible? We can certainly do better.

Ongoing progress requires not just vigilance in changing destructive patterns of communication, it will require ongoing commitment to the rule of law.  Writing in his recent book “American Lawyers“, Paul D. Carrington observed

The law is really the main thread in the fabric of organized society.  It is the compulsory part of the rules men have arrived at for living together.  There is dignity and pride in dealing with the law.  Our great public buildings, capitols, and courts, are designed to express that dignity.  They are the homes of government and law. And government itself is law.

This country’s lawyers and dispute resolution professionals are uniquely equipped to help us find a way forward – resolving problems rather than simply quarreling with periodic respites over the same issues.

Commit to leading wherever you can, with civility, and with the rule of law as your foundation.

ABA Mediation Week 2013 – Event Today

Sarah, who is an active member of the ABA, is pleased to again co-sponsor a mediation week event with the Center for the Study of Dispute Resolution at the University of Missouri’s School of Law, and the Association of Missouri Mediators.  Both of these organizations have long been involved in “bridging differences in positions, perspectives and people through mediation”, which is the focus of this year’s mediation week.  This event will also be streamed on-line.

We also welcome the end of the government shut-down.  With that experience behind us we can always hope that we will move towards a political culture with less brinksmanship, name-calling, misinformation, and shortsightedness.  In addition to reviewing ABA Resolution 108, we would recommend two of William Ury’s books – Getting Past No, and The Power of A Positive No -  to all who would like to improve the ways we work through difficult issues.  All of us, citizens and elected leaders alike, can work to make our politics more effective.

ABA Mediation Week 2013 – Civility Is Not Enough

Yesterday we wrote about how a commitment to civility and more widespread use of the communication tools that mediators use can make a difference in our national politics.  Today we look at the importance of critical thinking.  Critical thinking requires ongoing and systematic analysis of how we are thinking so we can improve how we evaluate, use, and integrate different kinds of information.   This extends also to thinking about how we communicate our thoughts, and how we receive and process what we hear.  In a world of sound bites, competing and biased narratives, and positional maneuvering, critical thinking is “critical” to finding our way.

One resource I really like and have used in several dialogue contexts to help participants think about how and what they are communicating is the “Critical Thinking: Concepts and Tools” booklet from The Foundation for Critical Thinking Thinker’s Guide Library.  As is noted in the very beginning of that booklet, without the effort to think critically, much of our thinking is “biased, distorted, uninformed, or downright prejudiced”.  As the authors go on to note, this is dangerous because “the quality of our life and that of what we produce, make, or build depends precisely on the quality of our thought.  Shoddy thinking is costly, both in money and in quality of life.”

The stages of critical thinking outlined in the booklet align well with the “data to wisdom continuum.”  Both tools can be used to help participants generate questions about where they are, what they know, and what they don’t know and would like to explore further.  Developing these types of questions helps people move from simply trading talking points, to more productive dialogue.  Another great resource to check out is  FlackCheck.org. Here you can review some of the common ways information is manipulated or distorted when reported through the media, illustrated with real life video examples.  Our post series on cognitive errors  also works well with this resource.

The educator John Dewey observed that “Democracy needs to be reborn in each generation and education is its midwife.”  As Dan Yankelovich has pointed out, our national problem solving capacity has eroded as our collective ability to think critically together has declined.  By integrating educational tools like those above into our dialogues we can help to restore that capacity.

Celebrate ABA Mediation Week 2013

This year we are once again sponsoring an ABA Mediation Week event together with the Center for the Study of Dispute Resolution at the University of Missouri School of Law and the Association of Missouri Mediators.  This will truly be a statewide event with on-line video streaming and opportunities to connect at 4 physical locations that will be linked through videoconferencing.   The program will kick-off with an open discussion on the impact of mediation on the community, business, families, and the legal profession.   The AMM’s annual meeting will follow.  The four locations are as follows:

Columbia 
University of Missouri-Columbia
Room 001 Bond Life Sciences Center
1201 Rollins Street
Columbia, MO 65211-7310
Phone re directions: 573-424-4254

Springfield
Mercy College of Nursing and Health Sciences of SBU
4431 S. Fremont Avenue
Springfield, MO 65804
Phone re directions: 417-820-7423

Kansas City
Cornerstones of Care
300 East 36th Street
Kansas City, MO 64111
Phone 816-508-1700

St. Louis
University of Missouri St. Louis
South Campus Computer Building 200A
1 University Blvd.
St. Louis, MO 63121

Planning For Civil Discourse About Gun Violence

As we noted in our last post, political parties and citizens alike remain deeply divided on what might be done to reduce gun violence. There is however growing support for reducing that violence. Doing so will require more  substantive and civil dialogue that is sustained over time.

In February we were selected by the National Institute for Civil Discourse to write an essay on how to navigate this difficult dialogue. A review of why dialogue on this issue is so difficult can be found in our last post. Below are some of our recommendations on how to plan for dialogue on gun violence.

  • At its base level “civility” means communicating in ways that reflect mutual respect, care and concern, and that support joint action and effort.  Leaders can model communication patterns that respect rather than attack those with whom they disagree.  Leaders can also demonstrate an understanding of (or make an effort to understand) views that differ from their own.  What we need is less partisanship and more listening and reflection. You can read more about the dangers of extreme partisanship and the role of civility in navigating difficult policy issues here.
  • Those seeking dialogue need to frame issues in ways that invite and allow the underlying fears, distrust, and differences in values, information and experience that derail most discussions on gun violence to be addressed. This means starting at a level other than positional debate on, or evaluation of, specific policy proposals.
  • Transparency regarding information development and evaluation is another key element in building trust in a dialogue process. Although dialogue participants need access to clear, consistent, understandable and honest data, they also need to be invited to discuss what makes data understandable and honest.
  • When dialogue is difficult, leaders need to allow the necessary time and space for reflection and also provide participants with choices on how and when to engage as they proceed to work through the issue.
  • Starting dialogues on gun violence at the local and regional levels around questions that reflect a common concern – such as “how do we want our communities to be?” –  can also help to mitigate fear and distrust and set a good foundation for a broader national dialogue.
  • Leaders can further promote civil discourse by using “stories of wisdom.”   These are narratives that emphasize the common good, accept the fact that differences exist, and reflect the hope that a path forward will be found.  Stories of wisdom help dialogue participants to navigate differences in experience, interests, values, and information.

You can download our complete essay, “Aim Higher, Dig Deeper” as a pdf here.  This essay was prepared for and with funding by the University of Arizona’s National Institute for Civil Discourse, as part of a collection of essays on supporting a national conversation about gun violence. The collection has also been posted on the NICD blog.