Comments on: Gorilla in the room: the dividing lines in mediation practice

By: Diane Levin

Diane Levin — Thu, 30 Apr 2009 13:58:29 +0000

Santino and Stephen, thanks so much for making my day! This is what makes blogging all worthwhile.

By: Stephen Evans

Stephen Evans — Wed, 29 Apr 2009 05:28:33 +0000

Just found your site. Great article, WOW! I’m hooked. TY

By: Santino

Santino — Sun, 26 Apr 2009 18:20:03 +0000

FTP: “It seems to me that unless we build and cross bridges within our own community, we can hardly expect to bridge gulfs outside it.” Brilliant!

By: John Folk-Williams

John Folk-Williams — Sun, 26 Apr 2009 06:10:33 +0000

Hi, Diane – You’ve touched on many issues so well – thanks for bringing them into focus. While I’ve worked and shared values with lawyer and non-lawyer mediators alike, something seems to happen when practitioners start thinking about the field more generally. Then you run into efforts by lawyers in some states to restrict mediation to attorneys, or people from counseling or planning backgrounds to push out other types of mediators. It’s quite futile since the market exists for a range of approaches, personalities and professional backgrounds.

Your point about the lack of diversity is still right on, though I’ve been involved in discussions and projects about this for 20 years or so. Lots of talk, little action, no change.

All my best — John

By: Diane Levin

Diane Levin — Fri, 24 Apr 2009 11:01:50 +0000

Joyce, it’s really good to hear from you, and I thank you for adding your voice here. Perhaps this might be a good theme for next year’s spring meeting? I’d been mulling over writing a letter to the section head about my observations regarding the conference, and your comments have encouraged me to do so. I think the time has come to address these divides within our community.

Thanks again, Joyce. I’m honored that you visited my blog and took the time to share your views.

By: Joyce Krutick Craig

Joyce Krutick Craig — Fri, 24 Apr 2009 00:21:15 +0000

Your observations are right on point. This was my first time at an ADR section meeting. As a woman who became an attorney in 1969 I’ve faced many barriers and I have been fortunate to reach the pinnacle of my prior profession (I was a U.S. Administrative Law Judge with the Social Security Administration and the first woman elected to the board of directors of the Association of Administrative Law Judges). When I was appointed as an ALJ there were 12 women among 1200 judges. Now there are several hundred. I watched during the meetings and plenary sessions as an outsider looking in and felt the tension – a woman seemed to be in a difficult position, even though a woman leads the section. I also noticed the distinct preference for “shuttle diplomacy” over other forms of mediation, many of which are much more popular in the “real world.”

I would hope that as a group dedicated to reaching solutions among parties with differences, the section can ultimately come together and reach an equitable solution to its own problems.

Joyce Krutick Craig
U.S. Administrative Law Judge (Retired)

By: Diane Levin

Diane Levin — Thu, 23 Apr 2009 14:31:12 +0000

Guy, I so appreciate your comment. Thanks for letting me know that this post struck a responsive chord.

By: Guy Harris

Guy Harris — Thu, 23 Apr 2009 13:55:57 +0000

Diane,

Great post! Well written (as usual). Well conceived. To the point without being obnoxious and arrogant. Brilliant!

Here’s my favorite part:

“It seems to me that unless we build and cross bridges within our own community, we can hardly expect to bridge gulfs outside it.”

You are so right. When practitioners of an art/science don’t practice the principles among themselves, how can they (we) hope to use them to help others.

Thank you for this insightful observation.

By: Diane Levin

Diane Levin — Tue, 21 Apr 2009 20:49:19 +0000

Vickie, you always make me blush. Thanks for your praise – it means a great deal to me. Perhaps next year’s conference will confront the gorilla in the room. Leaders of the ABA-DR however don’t, I fear, read blogs. We online rabble-rousers need to take our fuss to a different forum. Let’s see what we can accomplish between now and then to afflict the comfortable.

Kathy, thanks for your comment. Confronting the gorilla within can indeed make for some uncomfortable moments – it’s a painful but necessary exercise. Sadly, I don’t see enough of us “walking the talk”.

I for one though don’t think it’s necessary or even desirable to minimize or eliminate competition. There’s nothing intrinsically wrong with the desire to win or to compete. My job is to make sure that people don’t squander opportunities or leave value on the table.

By: Kathy Stilwell

Kathy Stilwell — Tue, 21 Apr 2009 11:56:08 +0000

It certainly is encouraging to have someone bring this up! Examining one’s own biases, prejudices, and stereotyping as a person and as an organization is not a pleasant undertaking but its the only way to grow. Assessing where you are on the “practice what you preach” scale can be humbling but it can also inspire necessary change in order to facilitate true justice.

I agree with VP that power, fear and sadness lie underneath but I also think the need to compete and win is deeply embedded in us. For goodness sake, it started at conception so it’s no wonder! Survival of the fittest means just that: competition. But where does competition fit into dispute resolution? Aren’t we there specifically to eliminate or minimize it?

I’ll be watching this discussion with much interest.