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Introduction:
Ray Shonholtz, Director of Partners for Democratic Change and founder of the San Francisco Community Mediation Boards, speaks about the ability and willingness of people to solve community problems on their own.
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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 ???).
Civil Society
Ray Schonholtz
Director, Partners for Democratic Change
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People in neighborhoods, we found, were attracted to the idea of being trained
to help neighbors resolve disputes. Probably the most interesting thing was that
people who had disputes would come to a panel. That was, of course, the key of
the whole process, would people who had disputes come to a panel? And if so, why
would they come? What would motivate them? It turns out people will come to
panels, as we now know, and they come for a whole set of different reasons.
Middle class people come when they have juvenile issues because they don't want
records on their kids. The middle-class professional people are very sensitive
about that. People in different communities and barrios are very sensitive about
police, so they're motivated to find more social orientation.
Hispanic communities, generally, and Asian communities have a very strong
interest in social processes over institutional processes. By that I mean they
have more interest in seeing social and peer pressure, and social and normative
values being applied, than institutional pressure and law enforcement being
applied. So, although the program started with a youth orientation, it quickly
became clear that there was no reason to limit it to that. So if adults had a
dispute, or neighbors had a dispute, or merchants had a dispute with consumers
and vice versa, there was no reason not to take the case. Quickly the panels,
neighborhood boards became open to anybody who wanted to voluntarily step
forward with a dispute.
...
In a democratic society I think what you're looking to do all the time is
create mechanisms for the management of conflict and disputes. What you want to
do is transform every conflict that has the potential to be violent into a
dispute-management system that gives people an opportunity to communicate, a
venue for the expression of differences. In that context, citizens in a
democratic society are as safe as they possibly can be and the social structures
are as constructive towards the management of differences as possible.
Democratic society creates lots of conflicts, and you need to create management
systems for those conflicts and make them legitimate disputes then citizens in a
democratic society are definitely in danger.
We know this from looking at labor issues in the United States. We have a
terribly violent labor history in this country. Now there are really and truly
no labor conflicts. There are labor disputes, but you're expected to manage them
through collective bargaining processes, negotiation processes, contract
processes. You can't just willy-nilly strike in this country. You're going to
have to go through a whole process. That's because we've taken the violence out
of it and we've transformed issues that could otherwise be conflictual into
disputes that can be managed in a recognized manner.
If you go out of those systems you'll be arrested and the state will appear.
Otherwise the state doesn't appear at all. So what we want to do in
institutional structures in democratic societies is to create as many venues and
pathways that legitimate concerns that people have. We ought to say there's
nothing wrong with a conflict, as long as it's peacefully expressed and
peacefully resolved, and it's managed through dispute settlement
mechanisms.
If one doesn't exist, it's the obligation of citizens and democratic
governments to create those mechanisms. I think that's a democratic obligation.
Community Boards is a vehicle and models like it at the neighborhood level of
just creating venues and forums for the early expression and management of
differences. It doesn't mean and it doesn't require state authority to do it.
And I think we should do more of them. We should have them in schools, we should
have them at churches and synagogues and mosques, and we ought to promote the
civic nature of dispute management, make it a civic function, not an
institutional function exclusively.
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