the neutral zone


vol.6 issue 7
7.06

 

 


Content

News and Updates

News from the Front
  - Mediation Mentoring
  - Peer Mediation
Thank You's
   
CMC Blogs
Legal Language
Ambiguity in Drafting

Mediation Toolbox
Collaborative Law, by M.Hupfel
Children's Bill of Rights
Some Thoughts, by B. Derycke

 

 

 

Quid Novi?
News and Updates:

CMC Board Meetings: 
:: Executive Committee, Wednesday July 19, 1-2pm at the Gay Street offices.
:: Board Meeting, Thursday July 27, 5:30-8:30pm, Board Chair Lisa Carroll's home;
This month, besides conducting a short board business session, we will be presenting our proposed funding plan to the board.  Peggy Matthews, our KLF (Knoxville Leadership Foundation) consultant, will lead us through the steps we need to accomplish for our Fall individual donor campaign.  Come prepared to learn.  Having our whole board participate is very important to our achieving financial diversity and stability.


 TVMA News and Dates
:: Tuesday, September 19, 6:30-8pm at the TVUUC on Kingston Pike:  TVMA monthly meetings begin!
:: Look for news about TVMA and CMC sponsoring a Domestic Violence training and workshop with Jean Munroe, October 13-14.

::
TVMA's new website is up and running and looking mah-velous, dahling!  Check it out at www.tnmediators.com Also check out the Calendar for 2006.

:: TVMA will soon have news about the possible availability of the Ken Cloke video.  We will keep members posted!


Knoxville Bar Association dates:
:: ADR Section:  Events will always be held at Butler, Vines & Babb, 2701 Kingston Pike, Knoxville, TN, on the NW corner of Kingston Pike and Concord, at 5:30-6:30pm on the first Monday of the month.  They each have been approved for 1 hr CME/CLE.  $20 for KBA members; $30 for nonmembers. ($5 extra the day of the event.  Note the location change and the price increase, both of which begin in 2006.

:: Monday, September 11, Mark your calendars for the annual ethics in mediation course:  "Ethics & Mediation" Speaker: Howard Vogel, O'Neil, Parker & Williamson, 5:30-6:30pm, Approved for one hour of Ethics CLE Credit .

::  Monday, October 2, 2006, Mediation Dissected: Perceptions, Expectations and Reality, Speaker: William A. Simms, Arnett, Draper & Hagood, 5:30-6:30pm, Approved for one hour of General CLE Credit.

Lunch and Learn at Calhoun's on the River, at 12 noon ($35 members, $50 nonmembers):
December 7, 2006
"Keep the %*#!@ China -- or How to Settle a Divorce Case"
Featuring:
Bernard E. Bernstein, Bernstein, Stair & McAdams, LLP
Bernie Bernstein has been a prominent member of the legal community, and the community at large, in Knoxville (and beyond) since founding his law firm in 1959. Utilizing his business background, he has developed a reputation for professional excellence while focusing his practice on civil litigation, domestic relations, business litigation, commercial law and real estate matters. At the same time, he has served on the board of directors and/or as an executive officer for numerous companies and charitable organizations, he has served as an adjunct instructor at UT law school, and he has been an active member of various legal associations at the local, state and national level. This is your opportunity to gain new insights from an award winning litigator on how to settle emotionally charged cases.

KBA sponsored CLE, August 25, 2006
Mass Tort Litigation:  Avoid Mass Confusion Through Effective Pre-Trial Practice
TIME:  1:00 - 4:15 p.m.
LOCATION: Main Assembly Room, City-County Building, 400 Main Street
COST: $90 for KBA Members & $125 for non-members
$25 for KBA-Law Student Members
$5 additional the day of the program
Approved for 3 hours of General CLE credit
Of special note:  3:15-3:45 p.m.
Mediation of Mass Tort Litigation
Paul D. Hogan, Jr., Hogan & Hogan, PLLC


 Spectrum Cafe associated with the Tennessee Valley Unitarian Universalist Church will be sponsoring a HAND-HOLDING DEMONSTRATION Tuesday, July 25 at 11:30am in Krutch Park, just off Market Square in downtown Knoxville.  Come in support of tolerance and the right of any of us to hold hands with a same-sex friend or loved one in public without risking harassment, name-calling, or violence.





If you would like to make an announcement to our mailing list about something to do with mediation, please send it in by the first of the month to our emails (below).


Our friends at Knoxville Inner City Kids Outreach, home of Sidewalk Sonday School invite everyone to come and experience the inner-city by helping at the 6th Annual Back 2 School Community Block Party, Saturday, August 5th at Dr Walter Hardy Park on Martin Luther King Jr. Avenue. Your help is needed from 8:00 am - 5:00 pm. We have 3-3 hour time slots for you to volunteer. Come and spend the day or a few hours to bless the inner city community. To sign-up or for more information call Janice Clark at 523-4956 or email us at  kids@kicko.org .


On July 25, Premier Designs Jewelry will be presenting for sale beautiful (and very affordable!) jewelry in the lobby of the Andrew Johnson Building where CMC is located.  10% of all sales that day will go to support our Peer Mediation Program!  Thank you to the business franchise owner,  Amy Glenn, and to our own Sharon Upshaw for making this connection happen!  Please come, check out the display and the catalogue!
WHERE:  912 S. Gay Street, Lobby
WHEN:  Tuesday, July 25, 2006, all day.

 


 CMC is a Community Shares Affiliate!  Please plan ahead for the 10th annual Brewfest on October 14, 2006. Sign up with us now to volunteer at this wonderful event.


We must learn from our mistakes, but we must be careful not to learn like the cat that sits on a hot stove top:
For while he will never sit on a hot stove top again, he will never sit on a cold one either.
-Mark Twain

 

 

 

news from the front (office)

As you know, we've been busy implementing our mentoring process for new and seasoned volunteers, and have it well in hand with volunteers participating in observation, co-meditation and debriefing.  We would like to begin scheduling a monthly mentoring session, 1-2 hrs in length, for volunteers to come together as a group---large or small---and discuss various topics after a short presentation of information and ideas.  These discussions will be ideal to talk about real-life mediation experiences and to confidentially give and get feedback.  It's sort of like a Mediation Chautauqua (without the band music---well who knows?).

We will begin meeting the first Saturday of the month, beginning August 5, 9-11.  Our first meeting will be at the Annex.  I'll bring coffee and bagels.  Please let me know if you think you can attend--the parking lot should be open.  Our first topic will be: Expectations for attorneys in mediations, including GAL attorneys.

The other topics we have in mind are as follows:

  • controlling the mediation process effectively
  • domestic violence issues in mediation (and balancing power generally)
  • refreshing ourselves on the 6 step process
  • brainstorming/creative problem solving techniques
  • allowing for party choice concerning the mediation process
  • being in control of the process, including initiating termination
  • professional development needs of volunteer mediators
  • transformative, evaluative, facilitative and other styles of mediation
I would love to hear from each of you about topics you would like bring to discussion.  These meetings will fulfill your CMC volunteer mentoring requirements to attend 3 group mentoring sessions per year.   We could also begin a book club to discuss a mediation book or article.  I've just gotten two books to read over the summer:  Beyond Neutrality: Confronting the Crisis in Conflict Resolution  by Mayer (recommended to me by Greg Davis), and
 
The Art of Waking People Up: Cultivating Awareness and Authenticity at Work  by Ken Cloke.

For those who can't be at a mentoring discussion, we will have some written material, and could also post things on a blogsite for comment or do it by email discussion.  Lots of options!!!

 

.

Volunteers Needed
Please don't forget to sign up for our Implementation Teams.  We really really need your help to sustain and improve CMC services and educational outreach---current volunteers, past volunteers, and interested community members.  We will soon be recruiting for our fall volunteer training and need so much in place before we train.  Call or email me or Jim Johnson to sign up. 

The high-priority teams are:
Funding & Marketing
Peer Mediation
Training
Fee Based Programs

Preventing Harassment & Bullying in Knox County Schools
Many of you have been following the Knox County School Board's response to community concern about bullying and harassment.  To some degree, that concern is interwoven with a concern about the our need to balance the interests of students to be free of a hostile school environment and the rights of students who want to express (under the First Amendment) their religious beliefs and convictions.  Knox County has had to deal with both issues recently.  Students are harassed and bullied by other students at school for all the age-old reasons, including race, gender, sexual orientation.  There is also a kind of well-intentioned harassment caused by students proselytizing about religious beliefs by telling their audience they will come to a terrible end if they continue to (not go to church, be LGBTQ, be Catholic, Presbyterian, Jewish, Muslim, etc.), over and over again, day after day.  Also, parents and students in some schools, including elementary schools, have demanded that the children be allowed to conduct bible study and prayer groups at recess, a supervised but non-curricular time.  The school board has to determine the policies which will guide schools in balancing these two interests.

On July 17, the School Board amended their harassment and bullying policy to add requirements for school administrators to implement the policy:  training for teachers, programs for students, and "endeavoring to ensure" that the school curriculum doesn't enforce stereotypes which underpin harassment.  You can read the new policy here.  CMC will continue to participate in a coalition of community groups, students and parents so that we can make concerns known to the schools.  Later this year, the Board will vote on the policy concerning students right to express their religious beliefs at school.  Wanda Donnelly, our new board member, has been attending and monitoring those meetings---Thank you, Wanda!.

You can read a good editorial on conflict resolution as a tool to prevent bullying in the Knox County schools, written by Metropulse editor, Barry Henderson.   In a school bullying situation, there is 1. the bully; 2. the victim; and 3. the audience----the rest of the students who do not intervene, or who encourage the bully.  Statistics show that in 50% of bullying, even though the student audience does not aid the bully, they do not do anything to intervene or help the victim.  

Peer to peer mediation will probably not work predictably as the sole response to ongoing bullying and harassment.  We need adult VORP mediation, whole-school conflict recognition and management training, empathy skills, and most of all, student leadership development, both to prevent bullying from escalating, and to monitor and report.  Peer mediation training and mentoring can assist with all facets.  (As you may have heard, CMC will also be training UT Athletic Department student athlete mentors in peer to peer conflict management for the in August---more on this new program next month...)

Thanks once again for all you do each day, and please consider getting more involved with our creative and vital mediation community!

Jackie Kittrell, Executive Director

 

 

 

big thank you to Scripps Networks, owner of television brands HGTV, Food Network, DIY Network, FINE LIVING TV NETWORK, and Great American Country (GAC), & Scripps Networks Director of Human Resources,  Delores Mitchell, a CMC founder, past officer and long time board member, for the generous  donation to CMC.  Delores is Scripps Networks' Human Resources Director; she was recently given an award for being an employee with lots of community volunteer hours --we're sure that most of them were spent at CMC mediating, serving on the board as Vice Chair in 2005, leading some of our strategic planning teams, helping draft staff policy, job descriptions and contracts, and training volunteers, all while living a very busy life!  Delores then designated CMC to receive a cash gift from Scripps Network.  Thank you!  

We feel  honored to be associated with such a thoughtful and supportive corporation, and of course, we are honored with Delores' continued participation.

 

 
Blog World!

CMC has entered the world of 'blogs---short for web logs. 

We are maintaining a blog for CMC Mediation Mentoring, to allow new volunteers and "seasoned" volunteers (notice I did NOT say "old volunteers"!) to pose questions and comment on questions which come up in the course of simulations and mediations.  The blog is also a good place to post new links for everyone to visit and comment on. 

We also have a 'blog for peer mediation discussions and links. 

Please go check them out, and add any comments or questions you may have about mediation issues, CMC procedures, and the like.  These sites will be a part of our new mentoring program.  Look for more information on monthly mentoring meetings to be coming your way soon via email. 

CMC Mediation Mentors Blog

CMC Peer Mediation Blog

A law student, Ian Best at Ohio State University, is getting class credit for creating a taxonomy of legal blogs.  He has listed out the ADR blogs separately here!  This would have to be an ongoing project, so check back often for new blogs.

Interesting blog articles this month:

A Connecticut attorney had a grievance complaint filed against him by an opposing party in a post-divorce custody case after he was heard humming the Twilight Zone theme song while staring at his client's ex, during a heated conference. Thank you to the blog, Knight on Family Law!

 

 

 

Our staff email addresses:  
Jackie Kittrell: 
jkittrell@2mediate.org
Sharon Upshaw:
supshaw@2mediate.org
Jen Comiskey: 
jcomiskey@2mediate.org

Annex:  cmcjuvct@2mediate.org
General info:  mediate@2mediate.org
 

Our postal address:
Community Mediation Center
912 South Gay, Suite L-300
Knoxville, TN  37902

Our telephones:
Gay Street:  (865)594-1879, voice; 594-1890, fax
Annex: (865)215-6570, voice; 215-6465, fax

 

Legal Language

By Don K. Ferguson

(A volunteer mediator and author of the "Grammar Gremlins" column that appears in the News Sentinel every Sunday.)

-----------------------------------------------------------------

trustee/trusty

A trustee (pronounced trus-TEE) is a person responsible for the preservation or administration of something, as the property of another.

In county government, the Trustee is the county's banker and tax collector. The Trustee maintains control of county funds until they are disbursed on a monthly basis to the various county agencies.

A trusty (pronounced TRUS-te) is a prisoner who is granted special privileges for good behavior. This term is an Americanism that originated in the middle 1800s.
 

 


Beware of "latent ambiguities" in drafted agreements.  The agreement is clearly worded but collateral facts make the intent or meaning unclear.  These dreaded lapses occur when the parties and mediators do not ask "what if?"  What if something everyone has agreed upon can't occur or falls through, and there is no plan for contingencies?  Also remember that disputants can and will argue (expensively through attorneys) over any and everything...

Here's an example from one of my favorite mediators online
     A divorcing couple hash out a parenting agreement in mediation.  The agreement expressly provided that the parties would “stipulate to the recommendations of [a particular child therapist],” regarding reunification of the father with the children.  The mother would retain sole parental responsibility until such time as the named therapist recommended shared parental responsibility.  So, this therapist, called by name, had a very important role to play!

This therapist was the only therapist referenced by name in the agreement.  Additionally, the agreement did provide that the mother could take the children to an “additional therapist to address concerns other than those being addressed by” the named therapist and that the father would be responsible for half of the uninsured costs of therapy between the children and that therapist or "any mutually acceptable therapist.”  

After the mediation agreement was ratified by the court, the named therapist resigned. The trial court determined that the detailed language of the agreement was unambiguous and the appellate court disagreed finding that the mediation agreement contained a latent ambiguity because it does not address the eventuality of the named therapist’s unavailability.

The lesson here is, ask “What if . . . ?”  What if the parties built in a dispute resolution procedure [i.e. return to mediation before litigation, although not to a specifically named mediator] not only about performance or non-performance under a mediation agreement but also about interpretation of its terms? Just a thought!

 

 

 

 

 

Mediation Toolbox


:: An online tool for parents who are raising their children via Parenting Plan:  OurFamilyWizard.com, which provides message boards, calendars, and other tools to cut down or eliminate the consequences of poor communication and listening skills between parents who don't live together!  For those of you with fast internet connections, watch these short videos about the service.


:: Grandparent visitation rights in Tennessee do exist.  The general rule is that intact married families---mom and dad married and together---do not have to allow visitation between their child and a grandparent.  The standard is one laid out in Hawk v. Hawk 855 S.W.2d 573 (Tenn. 1993), based on invasion of privacy of parenting, and subsequently upheld in other grandparent visitation cases (see Ellison v. Ellison, 994 S.W.2d 623 (Tenn. Ct. App. 1998):  so, a petitioner must show that there would be substantial harm to the child if there was no visitation with the grandparent.  The substantial harm may include emotional harm caused by an established relationship being interrupted.  There is a presumption of harm if the child has recently lived with the grandparent for a certain length of time.  Grandparent visitation is covered by Tennessee statutory law in TCA  sec. 36-6-306 and sec. 307  Here is the link to the online TCA. (Just click on Title 36, then Chapter 6, Sections 306 and 307.)


:: I may have already told you about this comprehensive Tennessee divorce website done by a Memphis law firm Crone & Mason, PLC.  It seems like a good resource for general information about divorce and post-divorce issues in Tennessee.  Maybe it would be a good website for unrepresented parties to peruse while awaiting mediation...


:: The National Juvenile Defender Center has revised and updated this manual for its 2nd edition, which is intended as an advocacy and training guide for juvenile defenders. Thirteen chapters cover everything from the initiation of the attorney-client relationship to appeals and related proceedings. Over 500 pages in its totality, but downloadable, in which case you should stock up on ink cartridges and invest in several reams of paper.


:: This online portal connects visitors to information and resources targeted to the safety, permanency, and well-being of children and families. Services include an online library of over 48,000 documents, more than 130 Information Gateway publications, and free subscription services.


:: Often, in our parenting cases, there will be an issue raised concerning one parent or grandparent smoking around the children.  There is ample research about the dangers of second-hand smoke, and this article, well-documented and reasoned, from the US Department of Health & Human Services on the health consequences of "involuntary exposure to tobacco" might prove helpful information in a mediation.


:: A new study, using data compiled from the National Assessment of Educational Progress, has found that reports of U.S. boys being in crisis are greatly overstated and that young males in school are in many ways doing better than ever. The study found that, over the past three decades, boys’ test scores are mostly up, more boys are going to college and more are getting bachelor’s degrees. The report says “The real story is not bad news about boys doing worse, it’s good news about girls doing better."


:: The downside of "girl power" is an increase in aggressive behaviors in girls.  Just over 20 years ago, for every 10 boys arrested for assault, only a single girl was arrested on the same charge. These days nearly a third of young people arrested for assault are girls. While boys’ arrests for violent crimes are going down, girls’ are increasing. One example: from 1990 to 1999 the rate of violence involving the use of weapons by girls rose 44%. During the same period, it actually decreased by 7% for boys.


:: Here is an article with a link to all the newly released Columbine shooting documents--946 pages in all (in pdf format).  Included is the journal of one of the student shooters, in browsable form, kept for two years before the event.  Here is the archive of all Columbine stories from the Rocky Mountain News,


:: The download page for the Psychology of Mediation & Negotiation Workshop.  I haven't read the articles, but thought they looked intriguing.


:: Interesting review of Boulle’s Mediation Skills and Techniques (Butterworths: Sydney, 2001) found on the all purpose mediation site, www.mediate.com.

:: For a range of interesting mediation books, please visit TVMA's book page---you can buy a book at Amazon by linking from that page, and a percentage will go to TVMA!


:: Be present web site, with news of an upcoming National Gender, Power & Class conference in Atlanta on September 14-17.

 


 

 

!??! Lawyers As Peacemakers !??!

Sounds rather oxymoronic, however, if you stop and think about it, it makes wonderful sense. Look at all the lawyers in the world. Imagine if just half of them began using their energy and mental acumen toward encouraging and empowering people to resolve conflict in peaceful ways rather than the norm of adversarial encounters. This is a distinct possibility today with a process of the application of law called Collaborative Law. Its agreeable, and centers around the idea that seems to combine the best of mediation and law into an exciting, bottom-up approach that empowers the clients in a room together rather than directing them from opposing corners. Both parties agree not to go to court. If the process breaks down and resolution becomes out of reach, the parties must engage new attorneys for litigation.


What was once unimaginable is now taking root through the efforts of numerous lawyers across the country. One such lawyer is Kim Wright, of Asheville, NC, an advocate and trainer of the Collaborative Law process. Kim is in the vanguard leading the charge into a brave new world. As with any new industry, Collaborative Law employs skills from many different philosophies, combines them, and there it is…a new way of viewing and practicing law as a collaborative process. Check out the website: www.renaissancelawyer.com  and find out how she and others are changing the face of law.


Respectfully submitted by Marsha Hupfel, President, TVMA

 

 

CHILDREN'S BILL OF RIGHTS
WHEN PARENTS AREN'T TOGETHER

Every kid has rights, particularly when mom and dad are splitting up. Below are some things parents shouldn't forget -- and kids shouldn't let them -- when the family is in the midst of a break-up.
You have the right to love both your parents. You also have the right to be loved by both of them. That means you shouldn't feel guilty about wanting to see your dad or your mom at any time. It's important for you to have both parents in your life, particularly during difficult times such as a break-up of your parents.
You do not have to choose one parent over the other. If you have an opinion about which parent you want to live with, let it be known. But nobody can force you to make that choice. If your parents can't work it out, a judge may make the decision for them.
You're entitled to all the feelings you're having. Don't be embarrassed by what you're feeling. It is scary when your parents break up, and you're allowed to be scared. Or angry. Or sad. Or whatever.
You have the right to be in a safe environment. This means that nobody is allowed to put you in danger, either physically or emotionally. If one of your parents is hurting you, tell someone -- either your other parent or a trusted adult like a teacher.
You don't belong in the middle of your parents' break-up. Sometimes your parents may get so caught up in their own problems that they forget that you're just a kid, and that you can't handle their adult worries. If they start putting you in the middle of their dispute, remind them that it's their fight, not yours.
Grandparents, aunts, uncles and cousins are still part of your life. Even if you're living with one parent, you can still see relatives on your other parent's side. You'll always be a part of their lives, even if your parents aren't together anymore.
You have the right to be a child. Kids shouldn't worry about adult problems. Concentrate on your school work, your friends, activities, etc. Your mom and dad just need your love. They can handle the rest.

IT IS NOT YOUR FAULT AND DON'T BLAME YOURSELF.

----Special Concerns of Children Committee, March, 1998

 

                            

 

This is a thoughtful and thought-provoking article addressed to our mediation community, written by Dr. Bob Derycke, a past CMC board member and long-time supporter from Blount County.  Please address all responses to Bob at rderycke@bellsouth.net

Some Thoughts on CMC's Future

One of the core aspects of THE FIFTH DISCIPLINE is that of Mental Models. They could be called "basic ideas." Each discipline uses similar terms, but they all denote a mental process comparable to the operating system in a computer. When we give commands to the computer we may not be aware of the operations that carry out our commands, but we can certainly be aware of the results, of what shows up on the monitor. The same goes for what is going in an organization, for its operation, on a day-to-day basis. . 

Not knowing any better I used to call this phenomenon years ago "Expectations," based on the saying that "what you expect is what you get."  In educational circles the equivalent is the Pygmalion Effect.[1]  But whatever the terms, they all point to something that seems a universal constant: that most of our decisions are made on a subliminal level.  We may not be aware that we are making decisions, but the results clearly point to the presence of the law of cause and effect.

The mind has been compared to an iceberg, with a conscious, a subconscious and an unconscious part. The tip of the iceberg represents the conscious, the area where water and air meet is the equivalent of the sub-conscious level, and what is below the water line represents the unconscious.  Freud has been credited with popularizing this idea, but like the rest of us he forgot to bear in mind that his attempts to describe the workings of the unconscious were as much inspired by chthonic (i.e. subterranean) motivations as anyone else's.

When I took this aspect of human thought to the business world I met with very satisfying success. I had done enough self-analysis before venturing forth to know that part of these mental models is the command to resist awareness of these subterranean  machinations, and to parry any suggestion to the contrary with the standard self-defense mechanisms: indignation, turning red, sarcasm, and the most effective of them all: ignoring the evidence.

The fifth discipline itself is characterized as "systems thinking," a collective effort to solve problems and make organizational life more satisfying for everyone. The rewards for solving these problems never redound to the individual, only to the group. The first discipline is "personal mastery," That is achieved by training and follow-up (e.g. debriefing); the second is cultivating awareness of "mental models" (vide supra); while the third is "shared vision," and the fourth "team learning." "The impact on managers' understanding," says Peter Senge, author of The Fifth Discipline," of mental models is profound-most report they see for the first time in their life that all we ever have are assumptions, never "truths." (p.185)

Given this aspect of organizational travail, it may be opportune to consider the many (mostly) hidden assets available to CMC. First and foremost is its people: staff, various boards, volunteers, and others. Then there is the community at large, on the whole presently blissfully unaware of the contributions by the CMC to the public weal. There is the economy which is running at near-top speed. Next are the thousands of people who have the time, the leisure, and the experience to promote harmony and public safety by volunteering. We have countless churches, all devoted to promote the spiritual welfare of the community. Finally there are the media, ever ready to inform the community of what is newsworthy. 

The reason these "assets" have not yet been brought to fruition is the role of those mental models that prevent these assets from being cultivated and that keep them separate from one another. The time may have come for us to take a closer look at the mental models operating in CMC, and to replace those that are no longer useful with more effective ones. In my experience people respond readily to the idea of mental models when they are invited to make a list of their individual discontents. Alas! they usually are reluctant to verbalize the very objections that vitiate attempts to implement the organization's vision, yet it is precisely the grievances they prefer not to voice that point to the "hidden agenda's" in dire need to see the light of day. These hidden agenda’s point to what needs to be remedied. The fact that they are loath to disclose their gripes, their criticisms, points to an atmosphere that encourages them to hide from one another other important information needed to make the vision a reality.

It is a truism that most everyone, when given a chance, is always ready to deplore or complain but it is equally true that few are willing to do something about their grievances. Yet complaining indicates some kind of vision, an idea of how things "ought to be." The unwillingness to bring about the vision is undergirded by an affirmation, a mental model, (e.g.. "you can't fight city hall") that in turn is based on the visionary's self-perception as powerless (i.e. "what can I do? It is out of my hands!"). That is why the first order of priority must be the "digging up" of the hidden mental model that compels complainers to see themselves as powerless to do something about whatever they are unhappy about. Others-a minority to be sure-wrestle with the problem but, forced to witness the complainers' passivity in the face of a situation crying for redress can only shove them aside while they rush to straighten out "the mess." 

The unfairness of a minority carrying the burden while a majority is wringing its hands creates a morale problem that severely aggravates an already deplorable situation. The problem-solvers of this world have one vision, while the passive bystanders have another. You could call it a world view: one sees a world that is calling for help, another sees a world that is what it is and we better accept "reality."   This results in one contingent carrying a heavier load than others in the organization This imbalance calls for a shift in "paradigms" so that all players see everyone in the organization as intrinsically essential to the vision, not because of what they can do, but because of who they are.  

Since mediators are as much prone to "deplore" or "complain" as the rest of the population, they will become truly effective only when they not only bring their dissatisfactions to the table but are willing to subject themselves to mediation to establish common ground among all participants.  

To be continued...                 

----Bob Derycke


[1] The Pygmalion Effect was a series of experiments done to determine the role of expectations on the students' performance. Time and again it was found that there was indeed a strong correlation between each student's performance and the teacher's expectation.

 

 

 


"Much of life can never be explained but only witnessed."

- Rachel Naomi Remen, MD

(thanks, Gray!)