CoRe Speaker Series – January 18, 2012: Conflict Resolution Within Faith Communities

On Wednesday, January 18, CoRe members and others were treated to an interesting joint discussion by accomplished mediators Leanne Harder and Fazal Bhimji on conflict resolution within faith communities.

Leanne was the first to speak, and her presentation was made from a perspective within the Christian tradition. The thrust of Leanne’s presentation was providing mediators with strategies when one or more of the parties in a dispute resolution identify as practicing Christian. She first provided participants with some touchstone values of Christianity that overlap with conflict resolution, such as forgiveness, loving your neighbor, and desiring to honour God with one’s actions. She drew our attention to some key passages in the Holy Bible that reflected these values. She then expanded on some strategies, which included asking the participants in a mediation exploratory questions regarding faith and values, asking whether they have a spiritual advisior, and possibly involving the spiritual advisor in the mediation process. She also provided participants with some faith-related questions that could be asked during a mediation, and explained each of them according to the level of risk they involved. Riskier questions included “What have you prayed for regarding this dispute?” and “What would forgiveness look like for you in this situation?” She concluded by providing us with some useful online links to Christian conflict resolution ministries: http://www.alban.org http://www.hispeace.org.

Fazal then took the podium with a presentation on culture and faith based considerations in conflict resolution from the perspective of the Islam tradition. He first drew our attention to the difference between generalizing and stereotyping cultures – generalizing may be useful to predict future behavior and unlike stereotyping it is open to reformulation. Stereotyping can be rigid and unhelpful because each individual’s own understanding of their culture can be very unique. Fazal then drew in the Islamic tradition to the discussion by focusing on Islamic teachings and events that intersect with dispute resolution, and critically analyzed some key passages from the Holy Quran. Next he focused in on Ismailism, a branch of the Shia sect of Islam. Fazal explained the Ismaili national and international Conciliation and Arbitration Boards (CABs), a free service to the congregation consisting of volunteers whose primary function is to resolve disputes equitably, quickly, economically, constructively and with an eye to cultural sensitivity. The CABs operate subject to the modern legal system in each jurisdiction, but are rooted in Islamic tradition. Fazal’s presentation then moved to how mediators must face the constant challenges of cultural disconnects and he raised some key differences between eastern and western cultural traditions relating to dispute resolution and communication. He made some useful suggestions for overcoming these barriers, such as cultivating patience, avoiding quick judgments and stereotypes, and paying close attention to both verbal and non-verbal communication.

Leanne Harder, BSW, RSW, M. Ad. Ed. (C), is the founder and chief consultant at Olive Branch Consulting. Leanne has worked extensively with children and families in both government and non-government agencies and her professional experience includes family mediation, employment issues, complaints management, community development, and child welfare. She identifies as a practicing Christian.

Fazal Bhimji is a mediator and founder of MAIN Solution – Mediation Arbitration Investigation Negotiation, and is chair of the Delta Property Assessment Panel. He also coaches conflict resolution and negotiation courses and teaches management and leadership courses at the Justice Institute of British Columbia. His main area of focus is workplace and labour matters.

The next CoRe Speaker Series event takes place on February 15^th, 4:30-6:00 at KPMG, and is an exploration of the use of Metta Bhavana as a tool in mediation with Martin Golder. Free for members, $20 for others. RSVP to coreclinic1@gmail.com. 

Walking Along the Career Path

            The December break has come and gone as another semester of UBC law is beginning to roll along. The holidays were a welcome break from the grind of law school and have hopefully proved rejuvenating for all. In this week’s blog posting, I’d like to discuss some advice I’ve received recently from a number of practitioners in the field of mediation. This post will briefly explore their advice and my reflection on how to turn it into an actionable plan.

            What area of law are you thinking of practicing? Throughout my experience in law school this question has been consistently asked by everyone; friends, family, classmates, legal professionals, professors and of course career counsellors. When addressing this question before I began law school, I would hesitantly reply that the field of mediation held a lot of interest. As my legal education continues to unfold I have become more and more convinced that this is the right field for me.

            Before beginning school, I’d done some research on my own but had very little practical exposure to the field. I decided to conduct some informational interviews with mediators on the front lines. Consistently, each person I spoke strongly highly of the experiential learning they acquired as they progressed in their legal careers. Many of the mediators that I spoke with stated that the most valuable experiences that contributed to building successful mediation practices, was their time spent litigating or practicing the law outside of mediation. The foundations of a successful mediation practice, according to these individuals, are built through an intimate knowledge of the law and its principles.

            In addition to enhancing their legal knowledge, their day-to-day activities included negotiating settlements and learning to read people’s emotion. Both have proved to be essential as they transitioned towards full-time mediation work. Therefore, it is important to realize that as a new graduate or student, it may be slightly unrealistic to expect to start out in mediation.

            There are however, a number of opportunities to gain exposure to mediation, while still simultaneously pursuing a legal education. UBC is offering a mediation clinic in which students are given an opportunity to co-mediate four disputes in small claims court. The clinic is spread out across two semesters, one of which provides the theoretical background for mediation and the other involves a practicum providing a more hands on experience. This fusion of the practical and theoretical provides exactly the kind of experience that practitioners were advocating for.

            Another common piece of advice that I received was that there are inherent traits that make a successful mediator. An ability to facilitate discussion, relate with people, and an ability to understand complex human emotion were all mentioned as valuable traits for any mediator. It is important for somebody contemplating mediation to undergo serious reflection and to decide whether your inherent qualities suit the profession. In drawing from my own personal experiences, even as the youngest of four siblings I was often the one to resolve matters and to help restore harmony in my family. I acted as a bridge between some of the more polarized figures within the familial unit. In order to maintain credibility and to avoid a pummeling at the hands of my larger siblings, I tried to maintain an impression of impartiality. I would consistently try to frame issues and dilemmas in a different manner so as to bring about a sense of resolution to them.

            If you’re struggling to map out your career path or are simply seeking guidance, I highly recommended talking with practitioners. If you are able to network and find mediators who are willing to sit down and speak with you they are an invaluable source of information. The CORE speaker series events provide excellent opportunities to mix and mingle with exactly these types of people. For more information on these events you can visit http://tiny.cc/ifwhv or contact us directly at 604-827-5024 or coreclinic@hotmail.com.