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8/9/2019 Embracing Religion
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Embracing eligionSpiritual ools fo help meetmediation challenges
By HeidiM.Tauscher
ESPITE THE INCREASINGLY
urgent cty to identifYadditionalmediation-practice
tools, many mediators have not seri-
ously considered eligion as a potential
source of effective mediation practices.
Although mediators have traditionally
turned to the fields ofpsychology and
counseling for guidance, both the sep-
aration of ehurch and state in the
U.S. and the prevalence of religious
conflicts throughout the world have
discouraged mediators tiom seeking
guidance from religious traditions.
Though traditionally ignored bymediators, religions possessa treasure
of indispensable peacernaking tools
and conflict-resolution strategies that
ca n inspire openness, airness,empa-
thy, compa ssion and imagination.'
It is the goal ofthis article to iden-
tify some of the practical mediation
tools revealed in five of the world's
major religious traditions, as weil as to
examine how those skills are relevant
to the four stages of the mediation pro-
cess.
Note that these spiritual ski lls wili
be offered from an etic or outsider's
perspective and therefore will lack the
complexity that grounds them in the
faith of true believers. The concepts
are offered not to proselytize or con-
vert, but simply to furnish mediators
with another set of peacemaking tools.
The challenge remains for the medi
ators to translate these concepts and
their own emft or insider understand-
ings of peacemaking into the context
of their mediations, as well as to teach
and inspire the mediating parties to
utilize these practices and their own
peacemakingskills to affect lasting res-
olutions.
Each of the four mediation stases
Heidi M. Tauscher ls a certlfled atlorney
medlator and a Ph.D. candidate al Emory Uni-
ve9lty's Graduate SchootOt Arts and S6ren@s,
Dtvlston Ol Rettgtan. s'hs can b6 r@ehed at
- openingstatements, egotiations,
assessment f potential resolutionsand creationof enforceable ettlement
agreements presents the mediator
with its own uniqueset of challengesthat may be addressed hrough spiri-
tual lessonsdrawn from religioustra-
ditions suchasBuddhism.Hinduism.
Judaism, hristianity nd slam.
Stageone: establishing apport
As the mediatorenters he medi-
ationprocess, racticing he spiritual
art of compassionateawarenesscan
be extremely helpful in meeting themediator'schallenge o establish ap-port and create trust between thepartiesand himself/herself. The Bud-dhist practiceof karuna (compassion)
involves taking the time to empa-thetically focus on the participants
come of kinship and peace,but also
connotes onfidence n the future real-ization of a robustcommunal elation-
ship typified by respectand integrity,
peace ndjustice,wholenessnd lour-
ishing.'This s not to suggest hat themediatoruse he word shalom, ut thathe/she s mindful of the atmosphere
that nitial interactionsestablish.From
Jewishspirituality, the mediator earns
that the initial greeting s an opportu-
nity to establishrapport, win trust in
themediator,drawpartiesout of them-
selves,nstill confidencen theprocess,
establish espectbetween adversariesand createanticipation of a positive
outcome.Through initial statements, the
mediatorwill introduce he mediationprocess, stablishhe governing ro
cedures and create he ground rules.
Thoughraditionallygnored y mediators,eligions old
atreasure f indispensableeacemakingoolsandconf ct-resoltionstrategieshatcan nspi eopen ess,
fairness,mpathy,ompassionnd magination.
in th e room.' With conscious ntent,
the mediator approaches those pres-
ent compassionately aware of the dis-putants' frustration, opponents' anger
and participants' anxiety. Attentive to
the attitudes and feelings ofthe par-
ties, the mediator may begin to reduce
fear, engender respect and encourage
optimism. Through warmth and com-
passion, the mediator builds rapport
and models the behavior that the par-
ties will be encouraged to show one
another throughout the mediation pro-cess.
The mediator's initial greeting of
the parties will set the tone for the
mediation. Judaism eaches he impor
tance of commencing gestures through
its tradition sf shalom greeting. The
shalom address not only bids a wel-
The Islamic concept of hikmah may
be useful here because it ref-ers to
the wisdom of the qualified intervener.
While arbitration is the typical form
of Islamic conflict resolution between
individuals, hikmah or wisd om stress es
the duty of all mediators to lead the
parties to a resolution that is both legal
and moral. Hikmah emphasizes the
need for the third party intervener to
inlroduce the mediat ion process in a
sincere, impartial and knowledgeable
manner." This wise deportment allowsthe mediator to gain the trust and con-
fidence of the parties, as well as to
engender respect and adherence to the
mediation procedures.
Dur ing the in i t ia l interact ions
between parties and their opening
statements, he mediator has the oppor-
t3 SPRING 2OOI
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TheHindu racfice f satygrahawascreated y Gandhisa disciplineo overcomeheangerandviolence reventingim rom hearinghe other'swords.Dedicatedo reveal-ing truth and ustice,Gandhiperfected atygrahaas patientperceptiveisteningfollowedby honestquestioningdesignedo bring moral accountabilityo the discussion.
tunity to begin to neutralize feelings
of anger, hatred and shame.' Christian
spirituality imparts the discipline of
nonaccusation. The admonition to
"judge not, lest ye be judged" coun-
sels a practice of neutrality in the
face of accusations, blame or shame.
Through this practice, the mediator
learns to listen openly, reservejudg-
ment and to deal impartially with the
parties. Remaining open to deal fairly
and flexibly with the parties, the medi-
ator rnodels a refusal to be mired
in controversy or bl inded by blame.
Instead, the mediator can focus on clar-
ification of the facts and narrow ins of
the issues.
In preparing th e parties to rnove
toward resolution, the mediator must
establish optimism concerning the out
come. Ahimsa is the Hindu practice
of noninjury concentrating upon the
value of the life force withinall other
beings. Gandhi insisted that th e result
of th is intentional. f ansformative prac-
tice wa s compassion, harmony and
liberation. Through ahirnsa plact ice,
the mediator may inspire th e parties'
compassion for one another and opti-
mism in mediated possibilities. Having
engendered respect and inspired opti-
mism, the mediator moves the parties
from the in it ia l jo in l. session to stage
two negotiations.
Stagewo: ostering reativityna
cooperative tmosphereDuring stage two of the media-
tion process, the parties begin negotia-
tions of their dispute in eamest. In this
phase, the mediator seeks to develop
th e parties' awareness of the need for
settlement arrd to ease thern out of
recalcitrant positions.
As negotiations begin, the media-
tor needs to foster respect and frust.
The Jewish concept ofmahloketdenotes
a type of constructive conflict that
honors both sides of the debate. Allolv-
ing for c1'mitf\e face of dis-
asreemenL m ah ok e he}Bs reformulate
t; d ispt", \ becaus/t antic ipates
that f rie nd sh\p-wiH4-wv i ve.' Th ro ugh
respect and optimistic anticipation of
an amicable resolution- the mediator
can set the stage for civility, honorable
negotiation, earnest conciliation and
peaceful resolution.
During the negotiations, th e medi-
ator wi l l want to inspire equanimity
between th e parties. Muslim spiritu
ality is founded upon th e principle of
al-islam. Translated as peace, al-islam
represents concord based upon social
equilibrium an d personal spiritual bal-
ance.' Understanding social harmony
as the basis for peace, the rnediator
can act in an evenhanded manner that
inspir.es the parties' trust in the inter-
vener, confidence in the process and
courage to share their experiences and
perceptions.
As the parties negotiate, it is impor-
tant for the mediator to model genu-
ine receptiveness and responsiveness.
The Buddhist practices of "ernpa-
thetic listening" and "mindful speech"
engender such behavior. "Empathetic
l is tening" involves hearing compas*
sionately without judgmcnt or reaction.
The communicati ve bond established
by the speaker remains unbroken by
the listener's words until tlre speaker's
Inessage is fully conveyed ancl heard.
Only then does the listener respond
with "mindful speech," aware of th e
effect of his/her words upon the audi-
ence. Words are spoken with the corn-
passionate understanding gained from
careful, deliberate listening.'
"Empathetic listening" and
"rnindful speech" allow the mediator
and parties to hear the ernotional
needs behind the disputants? lvords,
to become aware of the issues that
must be addressed for resolut ion and to
respectfully communicate their desire
to reach lasting settlement. Applying
these practices, the mediator may wish
to begin negotiations by acknorvledg-
ing the parties' courage to mediate
and complimenting their willingness to
resolve their disputes. Through such
interaction, the mediator may invite
each side to listen attentively without
interruption to the other's words seek-
ing to learn about the source of their
conflict. Each participant is then
encouraged to respectfully share his/
her perceptions of the conflict and
emotional investment in the outcome.
Successful negotiation requires the
parties to deepen thei r understandi ng
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of their own pel'ceptions f the con-
flict, aswell as heir opponents' iews.
The Hindu practice of satygvahaas
"rg-&4"-U_glttqlf$3-ai'eflllie-i.9y9!c9IL?q93!_e-r_gs4Jr*o,l9t9gge-venting him from hearing the other's
v/didt---D;ailatedloevealinsruthan-dTulC6,. -al{h-ie{erieos iieiirrtai- p[i1er!t. peJcgplive listening foj -toVedby honest uestioning esignedtb*brffi'Endftil atcd;'i.afti'fitt to ifib dis-
TheJewish oncept fmahloketdenotes typeofconstructiveonflicthathonors othsides
of thedebate, ndChristian criptureseach'forgive ndyoushall e orgiven.'
sibility that may aid the mediator nd
partiesn realistically ssessingettle-ment options. Because ll humans
are interdependent, arming anotherinjuresone's elf. n order o healpast
wrongs,Gandhibelieved hatpeople
must do continual yajna by acceptingthe responsibility o live peacefully."
The mediator may invite the parties
to accept esponsibilityor pastactions
and assess otential settlementalter-
natives for their efTect upon the par-
t ies'ongoing elat ionship.
As rnuch as possible, he mediatorwill want to encourage the parties
to interact directly with one another.
Face-to-face interaction facilitates rec-
onciliation by reduci ng chancesof mis-
communication and humanizing theparties to each other. To assist corr-
structive interaction, Buddhism offers
the practice of mettaor ki ndness culti-
vating goodwill toward others." Mod-
eling loving kindness, the mediator
may diffuse irritation through he inter-
jection of humor and perspective.
Further, the mediator can encourage
caring exchan ge over difficult issuesand divergent offers.
Through shuttle diplomacy, the
mediator may point the parties toward
mutuallybeneficialsolut ions. Th e
Jewish tradition offers the helpful role
of rodefshalom. The rodef shalom is the
"pursuerofpeace" who seeksout each
party to a conflict individually." Once
with a disputant,the rodefshalom ehc-
its that person's perspective ana liS'
tens to his/he r pain. The peacemaker
soothes he party, waiting for him/her
to release all emotion. ^then, the rodef
shalont searchesout the opponent to
render the same care. Building rap-
port through repeated ndividual visits,
the peacemaker uses these contacts
to convey positive messages and to
encourage econci liation on termsben-
eficial for both parties. Learning from
these Jewish traditions. the mediator
can use pa(y caucuses to draw ofT
excess motions, onvey messagesn a
positive light and encourageparties to
find win-win solutions.
While mediators cannot require
parties to pardon, the best resolutions
often occur after genuine forgiveness
an d reconcil iat ion.Christ ianscriptures
teach "forgive and you shall be for-
given."" As Christian exemplary, Jesus
forgave both his friends for their cow-
ardice and betrayal and his persecutors
for his crucifixion." The Greek word
reconciliation means o "walk together
again."" The Christian tradition calls
people to journey together as brothers
and sisters in community rather than
separateiyas enemies.By understand-
ing that forgiven ess brings healing and
reconciliation builds community, medi-
ators may encourage parties to release
their a nger, bury their grievances andforgive one another. In this way, the
parties may progress beyond mere set-
tlement to a lasting reconciliation of
their differences.
- Iediation is focused upon salvag-
ing the relationship between the par-
ties as well as within the community.
The Arabic word for community is'umma, which connotes a united people
or nation. While the Islamic tradition
of 'ummaadmits that communities will
always have some dissent, it insists
that reconciliation is key to restoring
social order and reintegrating dispu-tants into the larger community. The
Qu'ran insists "i f two parties of believ-
ers fall to fighting, then make peace
between them."" By understanding
that peace between the parties bene-
fits the entire community, the media-
tor encourages he parties to negotiate
fairly, propose us t terms and seek set-
tlements beneficial for their families
and comrnunity as well as themselves.
Stage four: inspiring talrness and
fidelity
The fburth stage of mediationinvolves finalization of a mutually
acceptable,enforceable settlement and
implementation of monitoring proce-
dures. Typically, the settlementagree-
ment is reduced to al writtgn form that
addressesall terms- The finalitv and
a
c
N-l i
a.if- i
a'
,Vl
X
cussion.'o Through this practice, both
inEbiator and participants use open
receptivityand truthful response to
appeal or eachparty's ruthful account-
ing and rnoral econcil iat ion.
Finally, the mediatormust inspire
the parties to open their minds and
hearts to alternative perceptions and
newpossibil i t ies. Christ ianunder-
standing includes the concept of meta-
noia, involving "the casting otfofthe
old mind and taking on a new mind."
Through this metamorphosis, the con-
sciousness is opened to new ways of
thinking and being. The rnediator
nlay use this concept to encourage he
parties to cultivate an open mind andllnd the courage to consider new al ter-
natives. To aid this process, he media-
tor may identify unspokenperceptions
and tacit assumptions. By disrupting
old mindsets, the mediator seeks to
open the way for new conceptions and
to inspire nnovativesolut ions.
Siage three: inviting receptivity
In the third mediation phase, the
mediator helps the parties assess he
mediation options generated during
negotiations and identify the alter-
native best meeting theirneeds.
During this process, he mediator must
i nspire receptivity, moderate exagger-
ated expectations and promote realis-
tic assessment f outcoilre.
The Hindu principle of'ajna pro-
vides a principle of collect ive respon-
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enforceability of the agreement will
directly affect the ongoing relationship
between he pa{ies, as well as he need
for them to invest additional time.
money and resource. For this reason,
the mediator must not only motivate
the parties to voluntarily commit to
uphold fair terms, but also help them
sigr.ral termination of their dispute
through some meaningful gesture,sign
or ceremony.
Together, mediator and parties
work to finalize a written settlement
with enforceable conditions. The
Islamic concept of suhl rs a form of
just contract that ends conflict and bel-
ligerence allowing the parties to con-
duct their relationship in peace and
amity. Understood as imposing defini-
tive terms and binding condition s, the
sruftl nds hostilities. The parties thenpledge to fbrget past occurrences and
initiate new amicable relations." Ina similar manner, the mediator must
impress upon the parties the defini-
tive, binding nature of their final writ-
ten settlement, not only to ensure hey
abide by the terms, but also to rede-
f ine their relat ionship n a new, posl-
tive light.
It may help for the parties to
understand their settlement as estab-
lishing a trust between them. Jewish
tradition has developed the idea of
covenant as a sacred elationship based
upon fidelity to unbreakable terms and
reciprocal conditions. " Through thisrobust understanding of relational loy-
alty and mutuality, the mediator can
rmpress upon the parties the binding
nature of their settlement and the neg-
ative effect that a breach has upon the
parties' ongoing relationship.
lmplementation of the agreed set-
tlement will require parties to act with
fairness andself-control. Buddhism
emphasizes the transformational effect
of cultivating the inner discipline to
behave responsibly and act compas-
sionately." Through meeting the set-
tlement terms, the parties are not onlychanging their behavi or, but also trans-forming their way of relating to one
another.
After implementation, settlement
monitoring and enforcement become
key co ncerns. Hinclu dhma tiesone's
DISPUTE RESOLUTION MAGAZINE
dhatma, a mediator can impress upon
the parties that their breach of settle-
ment terrns not only negatively affects
them, but also their relatives, friends
and neighbors.
Once the settlement agreement s
understood, finalized and signed, the
mediator has the remaining obligationto assist the parties in signaling the
end of their dispute. Christian table
fellowship provides a useful model as
the ending of hostilities and beginning
of a asting, ositive hangen thepar-
ties' elationship.
In our ncreasingiyluralistic oci-
ety, religious traditions provide aninvaluable esourceor conflict management ndpractice. Yet, we have
just begun heprocess f tapping piri-tualpracticesor the nsights, ractices
andskills hat heycan engender.
virtue o upholding ne'sworldly duty a sacred itual where enmity is con-or obligation. This moral responsi- sciously etaside nd ood s sharednbility is met by performing esponsi- genuine ellowship." Inspired by theble actions that meet this duty and communionmeal, he mediatormaythereby,maintain he stabilityof soci- devisea closing itual thatprovidesaety." Infbrmed by the concept of comfortable, ongenial elebration f
Whilehe slamicraditiononcerningumma dmitsthat ommunitiesil lalwaysave ome issent,t nsists
that econciliations key o restoringocial rder ndreintegratingisputantsnto he arger ommunity.
Endnotes
r Dafai Lama and Howard C. Cutlsr, M.D.,THE " Ch.istopher Queen, ThePeace wheel. Nonvi-
ART OF HAPPINESS 9,87 (1 gga);Thich Nhat Hanh, olentActivi sm in Buddhist Traditioti, in SUBVERTING
ESSENTTAL RITINGS 9,1 5 (2001). HATRED, supra nots 6, at 30; Hanh, supra note 2, at
105,1 56.s
Rabbi Sleve S- Schwa uschild," SHALOM;.THE CHAL-
LENGEOFSHALoM7-18 (1994)- '6 Abot de Rabbi Nathan Xll; Gopin,supra note l,
at 137-13a,'ta2-1a6.
" Ahmed Mousslli. An /sraurcModel tor PolilicalContlictResorulron:Tahkim,in PEACEANDCONFTICT ' ' Luke6:31;seealsoMatthsw6:14; Mark11:25.
RESOLUTION N ISLAM 146 (2001);Ralph H. Salim,et a l . ,
rsLAMAN DcoNFlrcr REsoLUTtoN 13i. 13 2 1998). ' ' Luke 2r ,31 23:34.
s Matth€w 7:1; Luke 6:37: John 7:24,8:15. 'o Megan McKenna, RITES OFJUSTICE 12 8 (1997).
6SunandaY-Shaslri&Yaineshwars.Shastri,'?QU'BAN49:9,
Ahimsoand the Unity of All Things: AHindu View
ol Nonviolence, i n SUBVERTTNGATRE0: HECHATLENGEo George E. lrani & Nathan C. Funk, Rituals of
OF NONVIOLENCEN RELIGIOUS RADITIoNS67-69,83 (D. L. Reconciliation:Arob-lslamic P€rsp@tives, in PEACE
Smith-christopher,ed.,199a);M.K.Gandhi, r NON' ANDCoNFLICTFESoLUTIONINISLAMI32-43(A.A Saidet
vloLENcE lN PEACE NDwAR 49 t1948). al.' eds.' 2001 ).
I Se6 Marc Gopin, FHOM EDEN r. ARIIAGEDDON
1 99-203 (2000).
, Gopin,supra note 1, at 127,'178.
oSeyyed Hossein Nasr,Mo le andFemalo in
lslamic Perspeclive, in THE WAYS ot BELIGION 40
(Roger Eastman ed,,1999).
" Gavin Flood,ANINTRODUCTIONo HINDUISM40
(1996)tParekh,supro note 1o,at 170.
I' Genesis 9:1-7,1711-22; euteronomy 6:4-9,
33:4; Numbers t 2: -9 ; see also John Corrigan,et
al., EWS, HRISTIANS,USLIMS58"591998).
'" Dalai Lama and Cutler, supra note 2, at 311;
Hanh, supra note 2, at 155,161.
' Hanh,supra note 2,at 154,160; Dalai Lama and
Cutler, supra not e 2, at 89,96. " Flood,supra note l t ,a t 1 1-12,52-53.
," Bhikhu Parekh,Gandhi's euesl forNonviolent " Matthew 26.17-29i Mark 14:12-25; Luke
PolilicalPhitosophy,inCELEBBAT|NGPEACElT3(Leroy 22:7-23;Jor|n 13:21-31;Corinthians ll:23-34:see
s. Rouner od.'199o). corrigan,supra note 19'a1241-242'249'
t6 SPRING 2OO4