In today’s episode, Julie talks to Bernie Mayer and Jackie Font-Guzmán about the ideas they explore in their new book, The Neutrality Trap: Disrupting and Connecting for Social Change (Wiley, 2022).
Bernie Mayer
Two long-time mediators and mediation teachers, Bernie and Jackie describe their growing disillusionment with the way mediation is sometimes offered to family and other litigants: as a panacea that will smooth over rough edges and produce an “agreement,” which will be able to resolve underlying differences. Bernie and Jackie both speak to their personal experience of conflicts that reflect larger societal power differences and systems, and reflect on the danger that a more superficial, “make nice” approach reinforces existing inequalities and injustices. Going behind the headlines (“he is a monster!” “she is impossible!”), while messy, uncomfortable, and often worse, can produce a more realistic path for moving forward, and allows each party to explore their own truth.
Jackie Font-Guzmán
Bernie Mayer was a founding partner of CDR Associates, and has provided conflict intervention for families, communities, universities, corporations, and governmental agencies throughout North America and internationally for over 35 years. Bernie is Emeritus Professor of Negotiation and Conflict Resolution, Creighton University. He has worked in child welfare, mental health, substance abuse treatment, and psychotherapy. His earlier books include: Beyond Neutrality, and The Conflict Paradox.
Jackie Font-Guzmán is the inaugural Vice President for Diversity, Equity, and Inclusion at Eastern Mennonite University. Previously she was professor of conflict and peacebuilding at Creighton University. Jackie has provided mediation, facilitation, and consulting services to many international and transnational organizations. She previously worked in law and health policy.
The Neutrality Trap is available here.
In Other News
Charlotte Sullivan
This week our In Other News Correspondent is Research Assistant Charlotte Sullivan. Charlotte discusses: a news release from the Department of Justice on advancing reconciliation through addressing the overrepresentation of Indigenous peoples in the criminal justice system in Canada; and a recent access to justice study showing an exponential increase in dismissals of race-based cases by the Human Rights Tribunal of Ontario.
Jumping Off the Ivory Tower is produced and hosted by Julie Macfarlane and Dayna Cornwall; production and editing by Brauntë Petric; Other News produced and hosted by Charlotte Sullivan; promotion by Moya McAlister and the NSRLP team.
This was an interesting conversation.
However, the secrecy and privacy of mediation is, itself, a problem. Unless there are cameras, audio or observers to witness potential violations of process and outcome, it is really easy for the so-inclined mediator and lawyers in attendance to form a ‘gang’ to violate the legal rights of the weakest party, particularly if that party doesn’t know their rights. My case was primarily about money; my ex-partner had become the recipient of an annual income of more than $400,000 just after we separated. In mediation, no disclosure was required or provided. The mediator told me that spousal support was not up for discussion, despite my lawyer previously having assured me that it would be up for discussion since it was a primary issue of mine.
Am I the only person who has been ‘stupid’ enough to fall victim to collusion by the two lawyers (one being my own lawyer) and a mediator who were only too willing to be bought by an extremely wealthy client (and his wealthy father) at the expense of my children and me.. A lot of money was at stake in my case, so I believe a pay-out had been granted to each of these people to ensure that my financial rights would not be part of the discussion.
It’s been devastating for me, and the impact of the lingering financial inequity between households has deeply affected my children as the silent war between their parents has continued for almost two decades and, no doubt, will continue even after death.