Embracing

Religion
Spiritual fools fo help meet mediation challenges
By Heidi M.Tauscher

ESPITE THE INCREASINGLY - openingstatements,negotiations, come of kinship and peace, but also
urgent cty to identifY assessmentof potential resolutions connotesconfidencein the future real-
additionalmediation-practiceand creationof enforceablesettlement ization of a robustcommunalrelation-
tools, many mediators have not seri- agreements- presents the mediator ship typified by respectand integrity,
ously considered religion as a potential with its own unique set of challenges peaceandjustice,wholeness andflour-
source of effective mediation practices. that may be addressedthrough spiri- ishing.'This is not to suggestthat the
Although mediators have traditionally tual lessonsdrawn from religious tra- mediatorusethe word shalom,but that
turned to the fields ofpsychology and ditions suchas Buddhism.Hinduism. he/she is mindful of the atmosphere
counseling for guidance, both the sep- Judaism,ChristianityandIslam. that initial interactionsestablish.From
aration of ehurch and state in the Jewishspirituality, the mediatorlearns
U.S. and the prevalence of religious Stageone: establishingrapport that the initial greeting is an opportu-
conflicts throughout the world have As the mediator enters the medi- nity to establish rapport, win trust in
discouraged mediators tiom seeking ation process,practicingthe spiritual the mediator,draw partiesout of them-
guidance from religious traditions. art of compassionateawarenesscan selves,instill confidencein the process,
Though traditionally ignored by be extremely helpful in meeting the establishrespectbetween adversaries
mediators, religions possess a treasure mediator'schallengeto establishrap- and create anticipation of a positive
of indispensable peacernaking tools port and create trust between the outcome.
and conflict-resolution strategies that partiesand himself/herself. The Bud- Through initial statements, the
can inspire openness,fairness,empa- dhist practice of karuna (compassion) mediator will introduce the mediation
thy, compassion and imagination.' involves taking the time to empa- process,establishthe governingpro
It is the goal ofthis article to iden- thetically focus on the participants cedures and create the ground rules.
tify some of the practical mediation
tools revealed in five of the world's
major religious traditions, as weil as to Thoughtraditionally religionshold
ignoredby mediators,
examine how those skills are relevant
to the four stages of the mediation pro-
a treasureof indispensablepeacemaking toolsand
cess. confIict-resol
utionstrategiesthatcaninspire openness,
Note that these spiritual skills wili
fairness,empathy, compassion andimagination.
be offered from an etic or outsider's
perspective and therefore will lack the
complexity that grounds them in the
in the room.' With conscious intent, The Islamic concept of hikmah may
faith of true believers. The concepts
the mediator approaches those pres- be useful here because it ref-ers to
are offered not to proselytize or con- the wisdom of the qualified intervener.
ent compassionately aware of the dis-
vert, but simply to furnish mediators
putants' frustration, opponents' anger While arbitration is the typical form
with another set of peacemaking tools.
and participants' anxiety. Attentive to of Islamic conflict resolution between
The challenge remains for the medi
the attitudes and feelings ofthe par- individuals, hikmah or wisdom stresses
ators to translate these concepts and ties, the mediator may begin to reduce the duty of all mediators to lead the
their own emft or insider understand- fear, engender respect and encourage parties to a resolution that is both legal
ings of peacemaking into the context
optimism. Through warmth and com- and moral. Hikmah emphasizes the
of their mediations, as well as to teach
passion, the mediator builds rapport need for the third party intervener to
and inspire the mediating parties to inlroduce the mediation process in a
and models the behavior that the par-
utilize these practices and their own sincere, impartial and knowledgeable
ties will be encouraged to show one
peacemakingskills to affect lasting res- manner." This wise deportment allows
another throughout the mediation pro-
olutions. the mediator to gain the trust and con-
cess.
Each of the four mediation stases
The mediator's initial greeting of fidence of the parties, as well as to
the parties will set the tone for the engender respect and adherence to the
Heidi M. Tauscher ls a certlfled atlorney mediation. Judaism teachesthe impor mediation procedures.
medlator and a Ph.D. candidate al Emory Uni-
tance of commencing gestures through D u r i n g t h e i n i t i a l i n t e r acti o n s
ve9lty's Graduate SchootOt Arts and S6ren@s,
Dtvlston Ol Rettgtan. s'hs can b6 r@ehed at its tradition sf shalom greeting. The between parties and their opening
htausch@dmory.edu- shalom address not only bids a wel- statements, the mediator has the oppor-

t3 SPRING 2OOI
 negotiation, earnest conciliation and
peaceful resolution.
During the negotiations, the medi-
ator w i l l w ant to i nspi re equan i mi ty
between the parties. Muslim spiritu
ality is founded upon the principle of
al-islam. Translated as peace, al-islam
represents concord based upon social
equilibrium and 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-
i ne recepti veness and responsi venes s .
The Buddhist practices of "ernpa-
thetic listening" and "mindful speech"
engender such behavior. "Empathetic
l i steni ng" i nvol ves heari ng compas *
si onatel y w i thout j udgmcnt or reac ti on.
TheHindupracficeof satygrahawascreated by Gandhiasa discipline
to overcomethe The communicative bond established
angerand violencepreventing him from hearingthe other'swords.Dedicated to reveal-
by the speaker remains unbroken by
ing truth and justice, Gandhiperfectedsatygrahaas patientperceptivelistening
the listener's words until tlre speaker's
followedby honestquestioningdesignedto bringmoral accountabilityto the discussion.
Inessage is fully conveyed ancl heard.
tunity to begin to neutralize feelings compassion for one another and opti- Only then does the listener respond
with "mindful speech," aware of the
of anger, hatred and shame.' Christian mism in mediated possibilities. Having
effect of his/her words upon the audi-
spirituality imparts the discipline of engendered respect and inspired opti-
ence. Words are spoken with the corn-
nonaccusation. The admonition to mism, the mediator moves the parties
passionate understanding gained from
"judge not, lest ye be judged" coun- fr o m the i ni ti al j oi nl . sessi on to stage
careful, deliberate listening.'
sels a practice of neutrality in the two negotiations.
"Empathetic listening" and
face of accusations, blame or shame.
"rnindful speech" allow the mediator
Through this practice, the mediator Stagetwo:losteringcreativityin a
and parties to hear the ernotional
learns to listen openly, reserve judg- cooperativeatmosphere
needs behind the disputants? lvords,
ment and to deal impartially with the During stage two of the media-
to become aware of the issues that
parties. Remaining open to deal fairly tion process, the parties begin negotia-
must be addressed for resolution and to
and flexibly with the parties, the medi- tions of their dispute in eamest. In this
phase, the mediator respectfully communicate their desire
ator rnodels a refusal to be mired seeks to develop
to reach lasting settlement. Applying
in controversy o r b lin d e d b y b la m e . the parties' awareness of the need for
these practices, the mediator may wish
Instead, the mediator can focus on clar- settlement arrd to ease thern out of
to begin negotiations by acknorvledg-
ification of the facts and narrowins of recalcitrant positions.
ing the parties' courage to mediate
the issues. As negotiations begin, the media-
and complimenting their willingness to
In preparing the parties to rnove tor needs to foster respect and frust.
resolve their disputes. Through such
toward resolution, the mediator must The Jewish concept ofmahloketdenotes
i nteracti on, the medi ator may i nv i te
establish optimism concerning the out a type of constructive conflict that
each side to listen attentively without
come. Ahimsa is the Hindu practice honors both sides of the debate. Allolv-
interruption to the other's words seek-
of noninjury concentrating upon the ing for c1'mitf\e face of dis-
ing to learn about the source of their
value of the life force within all other asreemenL m ahlok et he}Bs reformulate
conflict. Each participant is then
beings. Gandhi insisted that the result t; di spt",\ becaus/t anti ci pates
encouraged to respectfully share his/
o f t h i s i n t e n t i o n a l. f r a n sfo r m a tive p r a c- that f rie nd s h\p-wiH4-wv i ve.' Th ro u gh
her perceptions of the conflict and
tice was compassion, harmony and respect and optimistic anticipation of
emotional investment in the outcome.
l i b e r a t i o n . T h r o u g h a h ir n sa p la ctice , an amicable resolution- the mediator
Successful negotiation requires the
the mediator may inspire the parties' can set the stage for civility, honorable
parties to deepen their understanding

DISPUTE RESOLUTION MAGAZINE l4 SPRING 2OO4

of their own pel'ceptionsof the con- sibility that may aid the mediatorand these Jewish traditions. the mediator
flict, as well as their opponents'views. partiesin realisticallyassessing settle-
can use pa(y caucuses to draw ofT a
The Hindu practice of satygvaha was ment options. Becauseall humans excessemotions,convey messagesin a
are interdependent,harming another positive light and encourage parties to
"rg-&4"-U_glttqlf$3-ai'eflllie-i. injuresone'sself. In orderto healpast
find win-win solutions.
c
9y9!c9IL?q93!_e-r_gs4Jr*o,l9t9gge- N
venting him from hearing the other's wrongs,Gandhibelievedthat people While mediators cannot require -li
v/didt---D;ailatedlorevealinstruth must do continual yajna by accepting parties to pardon, the best resolutions
a .i
an-dTu stlC6,.
G-al{h-i pe{erieosiiieiirrt the responsibilityto live peacefully." often occur after genuine forgiveness f- il
- a'
ai- p[i1er!t. peJcgplive listening foj - The mediator may invite the parties and reconciliation.Christian scriptures
toVed by honestquestioningdesigned to acceptresponsibility for pastactions
teach "forgive and you shall be for-
,Vl
tb*brffi'Endftil atcd;'i.afti'fitt to ifib dis- and assesspotential settlementalter-given."" As Christian exemplary, Jesus
X
forgave both his friends for their cow-
ardice and betrayal and his persecutors
TheJewishconceptof mahloketdenotesa typeof for his crucifixion." The Greek word
constructiveconflictthathonorsbothsides reconciliation means to "walk together
again."" The Christian tradition calls
of the debate,andChristianscripturesteach people to journey together as brothers
'forgiveandyoushallbeforgiven.' and sisters in community rather than
separateiyas enemies. By understand-
ing that forgiveness brings healing and
cussion.'o Through this practice, both natives for their efTect upon the par- reconciliation builds community, medi-
inEbiator and participants use open ties'ongoing relationship. ators may encourage parties to release
receptivity and truthful response to As rnuch as possible, the mediator their anger, bury their grievances and
appealfor each party's truthful account- will want to encourage the parties forgive one another. In this way, the
ing and rnoral reconciliation. to interact directly with one another. parties may progress beyond mere set-
Finally, the mediator must inspire Face-to-face interaction facilitates rec- tlement to a lasting reconciliation of
the parties to open their minds and onciliation by reducing chancesof mis- their differences.
hearts to alternative perceptions and communication and humanizing the - Iediation is focused upon salvag-
newpossibilities. Christianunder- parties to each other. To assist corr- ing the relationship between the par-
standing includes the concept of meta- structive interaction, Buddhism offers ties as well as within the community.
noia, involving "the casting otfofthe the practice of mettaor kindness culti- The Arabic word for community is
old mind and taking on a new mind." vating goodwill toward others." Mod- 'umma, which connotes a united people
Through this metamorphosis, the con- eling loving kindness, the mediator or nation. While the Islamic tradition
sciousness is opened to new ways of may diffuse irritation through the inter- of 'umma admits that communities will
thinking and being. The rnediator jection of humor and perspective. always have some dissent, it insists
nlay use this concept to encourage the Further, the mediator can encourage that reconciliation is key to restoring
parties to cultivate an open mind and caring exchange over difficult issues social order and reintegrating dispu-
llnd the courage to consider new alter- and divergent offers. tants into the larger community. The
natives. To aid this process,the media- Through shuttle diplomacy, the Qu'ran insists "if two parties of believ-
tor may identify unspoken perceptions mediator may point the parties toward ers fall to fighting, then make peace
and tacit assumptions. By disrupting mutuallybeneficialsolutions. The between them."" By understanding
old mindsets, the mediator seeks to Jewish tradition offers the helpful role that peace between the parties bene-
open the way for new conceptions and of rodef shalom. The rodef shalom is the fits the entire community, the media-
to inspire innovative solutions. "pursuer ofpeace" who seeksout each tor encouragesthe parties to negotiate
party to a conflict individually." Once fairly, proposejust terms and seek set-
Siage three: inviting receptivity with a disputant,the rodefshalom ehc- tlements beneficial for their families
In the third mediation phase, the its that person's perspective ana liS' and comrnunity as well as themselves.
mediator helps the parties assess the tens to his/her pain. The peacemaker
mediation options generated during soothes the party, waiting for him/her Stage four: inspiring talrness and
negotiations and identify the alter- to release all emotion. ^then, the rodef fidelity
native best meeting their needs. shalont searches out the opponent to The fburth stage of mediation
During this process, the mediator must render the same care. Building rap- involves finalization of a mutually
i nspire receptivity, moderate exagger- port through repeated individual visits, acceptable, enforceable settlement and
ated expectations and promote realis- the peacemaker uses these contacts implementation of monitoring proce-
tic assessmentof outcoilre. to convey positive messages and to dures. Typically, the settlement agree-
The Hindu principle of'ajna pro- encouragereconciliation on terms ben- ment is reduced to al writtgn form that
vides a principle of collective respon- eficial for both parties. Learning from addressesall terms- The finalitv and

DTSPIJTE RESOLU'|ION MAC;AZINE t5 SPRING 2OO4

enforceability of the agreement will virtue to upholdingone'sworldly duty a sacredritual where enmity is con-
directly affect the ongoing relationship or obligation. This moral responsi- sciouslysetasideand food is sharedin
between the pa{ies, as well as the need bility is met by performingresponsi- genuine fellowship." Inspired by the
for them to invest additional time. ble actions that meet this duty and communion meal, the mediator may
money and resource. For this reason, thereby,maintainthe stabilityof soci- devisea closing ritual that providesa
the mediator must not only motivate ety." Infbrmed by the concept of comfortable,congenialcelebrationof
the parties to voluntarily commit to
uphold fair terms, but also help them
sigr.ral termination of their dispute Whilethelslamic
traditionconcerning 'ummaadmits
through some meaningful gesture,sign
or ceremony.
thatcommunitieswillalways havesomedissent, it insists
Together, mediator and parties thatreconciliation
is keyto restoring
socialorderand
work to finalize a written settlement reintegrating into
disputants the largercommunity.
with enforceable conditions. The
Islamic concept of suhl rs a form of
just contract that ends conflict and bel- dhatma, a mediator can impress upon the ending of hostilities and beginning
ligerence allowing the parties to con- the parties that their breach of settle- of a lasting,positivechangein the par-
duct their relationship in peace and ment terrns not only negatively affects ties'relationship.
amity. Understood as imposing defini- them, but also their relatives, friends In our increasingiypluralisticsoci-
tive terms and binding conditions, the and neighbors. ety, religious traditions provide an
sruftlends hostilities. The parties then Once the settlement agreement is invaluableresourcefor conflict man
pledge to fbrget past occurrences and understood, finalized and signed, the agementand practice. Yet, we have
initiate new amicable relations." In mediator has the remaining obligation just begunthe processof tappingspiri-
a similar manner, the mediator must to assist the parties in signaling the tual practicesfor the insights,practices
impress upon the parties the defini- end of their dispute. Christian table and skills that they can engender.
tive, binding nature of their final writ- fellowship provides a useful model as
ten settlement, not only to ensure they
Endnotes
abide by the terms, but also to rede-
fine their relationship in a new, posl- I Se6 Marc Gopin, FHOM EDEN r. ARIIAGEDDON " Gavin Flood,ANINTRODUCTION ro HINDUISM40

tive light. 1 99-203 (2000). (1996)tParekh,supro note 1o,at 170.

It may help for the parties to

r Dafai Lama and Howard C. Cutlsr, M.D.,THE " Ch.istopher Queen, ThePeace wheel. Nonvi-
understand their settlement as estab- ART OF HAPPINESS69,87 (1 gga);Thich Nhat Hanh, olentActivism in Buddhist Traditioti, in SUBVERTING
lishing a trust between them. Jewish ESSENTTAL WRITINGS99,155 (2001). HATRED, supra nots 6, at 30; Hanh, supra note 2, at

tradition has developed the idea of 1 05,1 56.

s
Rabbi Sleve S- Schwa uschild,"SHALOM;.THE CHAL-
covenant as a sacredrelationship based '6 Abot de Rabbi Nathan Xll; Gopin,supra
LENGEOFSHALoM 1 7-18 (1994)- note l,
upon fidelity to unbreakable terms and at 137-13a,'ta2-1a6.
reciprocal conditions. " Through this " Ahmed Mousslli.An /sraurcModel tor Polilical
robust understanding of relational loy- ContlictResorulron:Tahkim,in PEACEANDCONFTICT '' Luke6:31;seealsoMatthsw6:14;Mark11:25.
RESOLUTION lN ISLAM 146 (2001); Ralph H. Salim, et al.,
alty and mutuality, the mediator can
rsLAMAND coNFlrcr REsoLUTtoN 13i. 132 (1998). ' ' Luke 2r ,31 ; 23:34.
rmpress upon the parties the binding
nature of their settlement and the neg- s Matth€w 7:1; Luke 6:37: John 7:24,8:15. 'o Megan McKenna, RITES OFJUSTICE 128 (1997).
ative effect that a breach has upon the
6SunandaY-Shaslri&Yaineshwars.Shastri,'?QU'BAN49:9,
parties' ongoing relationship.
Ahimsoand the Unity of All Things: AHindu View
lmplementation of the agreed set- ol Nonviolence, i n SUBVERTTNG HATRE0:THECHATLENGE
o George E. lrani & Nathan C. Funk, Rituals of

tlement will require parties to act with OF NONVIOLENCElN RELIGIOUSTRADITIoNS67-69,83 (D. L. Reconciliation:Arob-lslamic P€rsp@tives, in PEACE
ANDCoNFLICTFESoLUTIONINISLAMI32-43(A.A Saidet
fairness andself-control. Buddhism Smith-christopher,ed.,199a);M.K.Gandhi, r NON'
al.' eds.' 2001 ).
emphasizes the transformational effect vloLENcE lN PEACEAND wAR 49 t1948).
of cultivating the inner discipline to , Gopin,supra note 1, at 127,'178. I' Genesis 9:1-7,1711-22;Deuteronomy 6:4-9,
behave responsibly and act compas- 33:4; Numbers t 2: l -9; see also John Corrigan, et
o MUSLIMS 158"59 (1998).
sionately." Through meeting the set- Seyyed Hossein Nasr,Mole andFemalo in al.,JEWS,CHRISTIANS,
lslamic Perspeclive, in THE WAYS ot BELIGION440
tlement terms, the parties are not only
(Roger Eastman ed,,1999). '" Dalai Lama and Cutler, supra note 2, at 31 1;
changing their behavior, but also trans- H anh, s upr a note 2, at 155,161.
forming their way of relating to one ' Hanh,supra note 2,at 154,160; Dalai Lama and
another. Cutler, supra note 2, at 89,96. " Flood,supra note l t,at 1 1-12,52-53.

After implementation, settlement ,"

Bhikhu Parekh,Gandhi's euesl forNonviolent " Matthew 26.17-29i Mark 14:12-25; Luke
monitoring and enforcement become PolilicalPhitosophy,inCELEBBAT|NGPEACElT3(Leroy 22:7-23;Jor|n 13:21-31;Corinthians ll:23-34:see
key concerns. Hinclu dhma ties one's s. Rouner od.'199o). corrigan,supra note 19'a1241-242'249'

DISPUTE RESOLUTION MAGAZINE t6 SPRING 2OO4