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Introduction:
Should mediators strive to be neutral? Susan Dearborn, Director of the Pacific Family Mediation Unit, suggests that third parties can never be truly neutral. In order to increase transparency and build trust, mediators should share more of their own personal stories.
This may be particularly true in cross-cultural cases where
clients may not be comfortable divulging personal information to authority figures.
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This rough transcript provides a text alternative to audio. We apologize for occasional errors and unintelligible sections (which are marked with ???).
Neutral Parties
Susan Dearborn
Director of the Pacific Family Mediation Institute
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I feel that unless we can come in and recognize that we are apart
of the dynamic that when we come in there is no truly impartial position. Once
we come in and begin to interact with people, we are in the dynamic. So I think
we're blind siding ourselves if we think that we can come in and be as though we
are behind a wall in a science experiment, I don't believe we can. Even in that
kind of experimental work, especially in the social sciences, the awareness that
someone is behind the wall, tailors the responses. So when you're there in
person, you can't realistically think that that does not have an effect and
change the context and the climate in which agreements can be made, or not made
as the case may be.
I think unless we are involved when we come in, we are
objects of suspicion. I think right now, in 2003, we are suspect; we are suspect
all around the world. So how are we going to go on with our word all around the
world? And I think the only way we are going to do it is by making ourselves
more transparent and known individually. That means getting our fears, our
concerns on the table with the parties along with whatever expertise we feel we
may have to offer. Maybe that will be helpful and maybe that will not be, but I
think that decision to be involved needs to be a joint decision, so we're in a
sense part of the circle at the table. We're not at the pinnacle of a triangle
with 2 parties, in some measure, hopefully equi-distant apart. I think that's a
very unrealistic expectation, and I think as we look toward a more global not only
economy but more global interactions that we need to think of ourselves as all
part of a circle.
...
While it's true you can teach people a process model to
follow, that may have nothing to do with the needs of the parties. Especially as
we work cross-culturally and in different communities in this culture, the
chance of a model hitting on the satisfaction of needs becomes very small.
It
works reasonably well if you have a fairly homogenous culture and you know, if
people look like the way you could progress on a model, but since they don't,
you really need to throw people back on what are their own resources. It
certainly fits them there and the questions I posed during the training had to
do with what are you willing to share about yourself? Even with folks who
have mediated for a long time and have learned an initial forty hours, and
then have gone into their experimental work and so on, the willingness to share
anything about themselves, even if they have children, it's frightening for
them. All their training has said, "You're in neutral, you're impartial,
and you're out of it, it's their dispute." Especially people from other
cultures are not going to be very trusting of you, who are you? I mean,
officials that they've run into often when they've emigrated here have been very
frightening and they've gone to anybody who's official. Or the official has come
to them and have removed people from their family, and they've never seen them
again. So not sharing something that's apart of you may not be appropriate in
these family settings in which people are coming.
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