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Introduction:
Do mediators need to give special consideration to building trust
with parties of color? What role can a mediator play in putting parties at ease
when the parties are mistrustful of the system in which they are working? S.Y.
Bowland relates some of her experiences with these matters.
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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 ???).
Empathy
S.Y. Bowland
Director of The Practitioners Research and Scholarship Institute (PRASI) and
mediator, based in Atlanta, Georgia
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Because communities of color, in addition to looking at credentials, may also want to
view you as a person, the way that you "have your presence" is important. The way that
I came to the table and the way that I presented myself was important. I was
there with the people. Even though this was an informal setting, I was called in to sort of represent or be a part of the court, or
facilitate some issues, ideas, images, or positions of the legal system.
What I try to do is make the parties feel at ease, even though there is a clear
understanding that there is a serious matter that brought us here.
...
All people have a tendency to look at me, but my
experience is that sometimes when it is a person of color there and then I walk in as a mediator, I can sometimes sense that a feeling of anxiety has been lifted. This
may be because there is some understanding that I have about the toughness or the
anxiety that is present in their being a part of the process.
An example of that is
when I mediate matters in juvenile court. I think that there is not always a
clear communication — or clear
interpretation — of what the outcome will be when a child has to come to juvenile court. When a juvenile is coming from the court or from a juvenile mediation program, people still feel a sense of tension around what it will really
mean for the juvenile to be caught up in a system where there is clearly an
overwhelming presence of young people of color, and men and women of color. There is always a trust issue about what that means. I've
always thought that, just like we had the apologies regarding the Tuskegee
Syphilis experiments, that one day we will get apologies for this criminal justice
system, because so many people that we see from our various communities are going
there.
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