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Introduction:
Ray Shonholtz, Director of Partners for Democratic Change, developed
the San Francisco Community Mediation Boards. Here, he talks about the benefits of establishing a community-based dispute resolution program that is capable of intercepting and settling conflicts that otherwise might become mired in the formal justice system.
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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 ???).
Preventive Diplomacy and Violence Prevention
Ray Schonholtz
Director, Partners for Democratic Change
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A lot of Americans don't know their neighbors anymore. So the first time to
see your neighbor, to make a complaint for a lot of people is very, very
uncomfortable. So you're looking for a third party. Now if you go to the same
church you might use a priest or a minister or a rabbi. In more cohesive
communities you would find a third party. In San Francisco, maybe 20-30 years
ago, if you were Chinese you'd go to the Chinese Family Association. It's very
interesting if you look at court records from the turn of the century into the
1900s and throughout the 20th century and earlier, you don't see Chinese or
Japanese in American courts in San Francisco. You just don't see them. And the
reason you don't see them is not because they don't have disputes. Obviously
they have disputes. They just used mechanisms that were culturally
normative-value based; they used the Chinese Family Association, Japanese
Community Association.
In other words, they took their disputes because they had a homogeneous
community. The only time you really see it is when one of the parties is not
Chinese, and generally somebody's brought a Chinese to court, not the other way
around, a fairly foreign mechanism. So you start looking at urban areas with
highly diverse cultural groups, more likely than not the cultural groups will be
living close to one another. They will create their own mechanisms for dispute
management. If you look at it closely, generally it's a third party -something- family
associations, respected elders, and bankers. Some person or group that the two
parties will appear before, talk, or who will use shuttle diplomacy, do some
mediating between, or who's legitimate. This is very, very
common.
It's when these mechanisms break down that we have a big gap between the
institutional structure and everything else. So you need to create, really and
truly, some mechanism in front of the institutional structure. The other thing
too that hasn't been explored well in this country, and is deserving to be
explored, is that not only is formal justice after the fact is the most violent,
in the sense that violence obviously takes place before you enter it, but so are
social services after the fact.
So all social services in the United States, for the most part, come through
deviant channels. You can't get social services unless you're on probation or
you've gone through a court system and you've been ordered to do psychiatric
care, social something, you're a deviant through school systems because you
didn't show up in school. You know, your parents abandoned you and you're a
welfare recipient and you're getting something. In other words, unless you come
through a deviancy channel, it's very hard to get social services in the United
States. Only the worst cases are the ones who get the services, so there's very
little service orientation for prevention and early intervention.
One of the reasons the system is so bloody expensive is that we get people
very, very late who are in the most dire straits. If you put social services
next to early intervention/prevention programs, or you say to the Chinese Family
Association, "Hey, have you got a kid who's on dope, and needs to get
cleaned up, or have you got someone on heroin or alcohol?" You don't have to make
a record. You can openly refer them and the state will pay for it. That is
closer to California's new policies. Now you're talking about resuscitating
civic life because then people have another reason to create these systems
because you can see quickly who's in need of help. It would be voluntary and it
wouldn't be state mandated, but not everybody needs to be state mandated. It
would use more peer and social pressure than it would use institutional pressure
- record-keeping and all that. It isn't a panacea and it isn't something for
everybody, but for early intervention/prevention, it would pick up a lot of
people and situations early on, as opposed to waiting as we do so late. So
there's another whole dimension to this that's worth certainly exploring. Next
the Community Boards received Ford Foundation grants, and we did what we
called Planning and Development Institutes around the United States. We were
training people in the Planning and Development Institutes how to create a
community board or a school-based mediation program. The school board program is everywhere. It's just literally
everywhere. It's probably most successful beyond the neighborhood program. It's
international. I think we've totally lost count of where this program shows up
these days. It's taken on a huge life of its own. It has definitely gone global.
It's a recognition of the importance of training young people and educating
young people how to listen, how to communicate, how to negotiate, how not to be
afraid of a conflict.
These are skills that you have to teach, and they have to be learned skills. It is
not the case that just because you grow up and you're an adult you have them.
Everybody has ears, but very, very few people really listen. You have to
train people to listen. I think the earlier we do it at schools, the more likely
that we're going to have people who can talk and communicate with one another
and not feel so frightened about it and have ways and skills to do it. The
school program is probably one of the great successes of Community Boards.
Everyone has really been pushing the school program, and everybody's been very
proud of it. I think now it's something that's taken for granted, when in the
early days when this was all like putting on scenes on granite, but it's not any
longer as obvious today.
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