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
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
E very 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!)
|