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Introduction:
Most standard mediation courses teach practitioners to separate
parties during difficult portions of a mediation in order to gain more trust
with parties or to try to influence them in some way. Professor and civil rights mediator Wallace Warfield finds himself opposed to the common wisdom in
the field, as he believes that separating parties misses an important opportunity
for change.
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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 ???).
Opposition to Caucuses
Wallace Warfield
Associate Professor at the Institute for Conflict Analysis and
Resolution, George Mason University
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A: My approach to mediation is not the same approach I think my
colleagues use, which is controlling. You have your opening comments, and then
you immediately break people up into caucuses.
You can be less impartial, more
manipulative, and think you can work out an agreement, and you hope and pray
that when they come together they will have the basics of the agreement. I don't
particularly care for that, because I think that's manipulative. I think also
that you're getting agreements, but you're not really building relationships.
You're not really helping people in dealing with their lives, in terms of the
outcomes, down the road, when they're likely to have other types of conflict in
their lives that are occurring. You've given them no tools to be able to handle
that. So my preference, I don't know if you'd call this a technique, is to sort
of keep people at the table, even at the risk of it being fairly explosive. They
can hear each other, and they have the opportunity to be able to say, "Now
I know how you feel."
Hopefully, they'll inculcate this as a kind of lesson
learned, long after you're gone. For example, if this is a situation in which
it's an ongoing relationship, they've learned something of how to handle this
relationship in the future. You can't do that if you've got people constantly in
separate caucus sessions. My preference if you want to call it a technique, is
to kind of keep people at the table as long as I think I can stand it, as long
as they can stand it. At some points you may have to break them into caucuses.
Now, that becomes a given that you're doing something like a problem solving
workshop, because the process is different. You know you don't break people into
caucuses because that would cause huge suspicion. I suppose a technique is a
certain kind of risk-taking that I will do to sort of tell people what I think
and what I'm hearing. Kind of a reframing, but it's being also one where I will
take a chance and suggest to people what a certain vision of what the outcome
could look like, just to give them some idea. Lots and lots of third parties
don't like to do that, because they think their vision belongs to the people.
I think in some instances you have to take some responsibility to help people
create a vision, and being able to speak to that in terms of why you feel that
is important. So you take some ownership of that, as opposed to saying oh let
the parties do that work. I think it's important, at least for me, that I take
some ownership, because actually this vision is a world that I'm also living in
as well. It's not just the world that they live in; it's also the world I'm
living in. I think, pragmatically speaking, it's going to have some impact in my
own life.
Q: So you would take an active role in creating the ideal with the people you
were working with? A vision?
A: I think so.
Q: If I understand you correctly about the previous point, while having a
caucus can be useful for moving the immediate negotiation at hand forward, it sort
of detracts from the ability of the parties to deal with each other.
A: Yeah.
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