Tag Archives: rule of law

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 – Additional Resources

The ABA has a number of resources to help families, businesses and other organizations think about how to effectively resolve disputes through mediation.  Many of these are available through the Mediation Week Toolkit.   If you are a party thinking about mediation or a mediator working with parties, you will find the downloadable mediation guides  useful.  In addition to the general guide there are guides for family mediation, and complex mediation.  The ABA has also prepared a resource to help businesses plan for early dispute resolution.   Another great resource for parties to a dispute – including parents battling over custody, feuding partners, and disputing neighbors -  is the “difficult conversation preparation worksheet” and instructions created and shared by Triad Consulting on their website.  We urge you to review, use, and share these resources!

ABA Mediation Week 2013 – Looking Back At Resolution 108

In 2011, the American Bar Association passed its Resolution 108, affirming civility as a foundation for democracy and the rule of law.  The accompanying report warned that the increasing levels of “acrimony and venom” and “polarizing diatribe”  in our political discourse endangered the quality of governmental decision-making and left “citizens frustrated, disillusioned, and reluctant to participate in democratic governance.”

And here we are, starting ABA Mediation Week 2013, in the midst of a shutdown of the federal government.  And this is accompanied by the fear of a possible default on our national debt.  Will reason and statesmanship prevail over distrust, misinformation and power-based gamesmanship?  We can hope that it will, and we can also each individually resolve to act to improve our national politics in the year to come by practicing and promoting the skills needed for more civil discourse.

Mediators and facilitators are well equipped to teach the tools that can help citizens actively question the information they receive; identify and focus on common interests;  reaffirm and apply commonly held values; and change the patterns of communication that lead to debate rather than productive dialogue.

In the words of the report accompanying ABA Resolution 108,

“Words matter.  How we treat each other matters.  In our public discourse, it is time to begin talking to each other with mutual respect, no matter how much we disagree.”

If enough of us commit to this principle, work to understand both those with whom we may not agree and the complexity of the issues before us, and demand that our elected officials do the same, we may be able to fix what is broken in our current system.

Civility and the Rule of Law

Welcome to our video series sponsored in recognition of the American Bar Association’s Mediation Week which this year focuses on Civility and Civil Public Discourse.  That focus is related to the passage of Resolution 108, which encourages more civil political discourse by the ABA House of Delegates in August, 2011.  Our first video, “Civility and the Rule of Law” features an interview with Professor Richard Reuben, who is the James Lewis Parks Professor of Law at the University of Missouri Law School, and who also, in his role as chair of the ABA Dispute Resolution Committee on Public Policy, Consensus Building and Democracy, played a key role in the drafting of Resolution 108.  We invite you to show this video to groups you may be involved with and invite discussion.  Here are some questions you might ask the group to discuss:   How does civility help improve (or a lack of civility erode) our collective problem solving capacity? What is the rule of law? How does civility interact with the rule of law? What can we do to promote greater civility in our public discourse?  We invite you to share your comments and experiences by using the comment feature on this blog.

You can find additional resources for civil discourse through the National Coalition for Dialogue and Deliberation and through the ABA’s Mediation Week Toolkit.

All videos were recorded using VTC Stream.  Find out more about this technology at vtcstream.com.  You can use the “embed and share” link to the right of the video to post this to your website or other location.