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Introduction:
Susan Dearborn of the Pacific Family Mediation Institute
suggests that focusing on common values or principles can generate empathy and help parties to recognize each other's concerns. In the end, recognition may be more important than the substantive issues. She describes a mediation regarding financial compensation for costly adaptive facilities installed for someone with a disability.
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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 ???).
Recognizing Values
Susan Dearborn
Director of the Pacific Family Mediation Institute
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A: I was the third party impartial in an ADA (Americans with Disabilities Act)
mediation. And these cases come through a federal process, and then went through
Keybridge Foundation with Peter Meta and they are then formed out to different
places. I was involved in an issue where a young boy with a disability was
involved in a social activity that was advertised to be open to all and his
family felt that it was pretty legitimate for him to be involved. It turned out
that the facility didn't have either the equipment or the interpreters necessary
to include kids who had different kinds of disabilities. So they pursued it and
they wanted the boy to have a good experience. So the parents ended up paying
for what was needed. But they went back to the camp to have these parties
participate in supporting it because their advertising indicated that they could
do that. The owners of the facility's position were that because they didn't
have the knowledge of what they needed, that they had no way of knowing that
they could get it.
Well, the family responded that they've had so many
experiences before that as soon as they said what was needed then the kid could
go to the camp. And it was the kind of thing where I was searching for some ways
of getting the language of what would be important to this child and did they
all have the same goals in respect to this child and they did. It also turned on
the fact that they had similar religious values behind them and their behavior was in direct
contradiction with the values that they professed to hold and that were in the
titles of the activity. So I felt that I was in really tender ground because I
didn't want to be involved in a religious value discussion.
On the other
hand I felt that somehow I needed to gently ask about these values and how they
might have something to do with the conflict and the settling of this monetary
dispute. I came back to that gently and a number of times, and finally, I think
the camp owner said, "I think we must pay this or we can no longer
advertise the camp of being of this persuasion, of holding these values,"
and so he would participate half and the parent then said, "I think that's
really what I wanted to hear. I don't so much want the payment, as much of an
acknowledgement of fact that the values were betrayed." And I think that
that was one of the most moving cases that I've ever done. And it turned out
that we did make some monetary adjustments because it involved a fourth party
who wasn't there, the person who provided the service, who'd been waiting for 6
months. So we did end up doing both the financial settlement, but we also
included the reconciliation.
Q: Had it been very contentious up until that moment?
A: It had been terribly contentious, and the language of the discussion was a
disaster, so it changed tremendously in the course of the process. It started
out with people who were so very different. The owners of the camp came from one
hole, one socio-economic strata and were barely hanging on and they were young.
The parents were older, they were quite sophisticated, they had adopted a child
with a severe handicap, and they were not only educated to deal with this kind
of illness, but also philosophically educated. However both sides professed to
be in some aspect of the same belief system. So it was extremely contentious. At
first I did a lot of listening to see where they were both coming from, because
trying to do something with my language, to interpret one party to another,
needed a lot of reflection on my part. This was also true for some of my fears
about how to get on the in and out of this dialogue. I felt that I wanted
to say very little about rules of conversation. I just wanted to see if by using
conversation in a certain way, if I could some how bring about change.
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