Tag Archives: Mediation

Restorative Justice – what’s this got to do with work?

Yesterday I shared some links to Dominic Barter’s work in the field of Restorative Justice. This is something which is both dear to my heart and a long way away from the experience of many of my clients in the workplace. Today I thought I’d take a moment to make some links.

The phrase Restorative Justice implies that something is broken that needs to be restored. It also implies that some injustice has been done that needs to be rectified. I invite you as you read to ask yourself, are these ideas that I associate with the workplace? No matter where you are and what kind of organisation you work for – even one you have set up yourself – I am guessing that you may recognise these ideas.

How often, for example, do the fragile relationships amongst colleagues in the workplace stand in the way of the kind of conversation that could help them to move beyond some current impasse? What more might be possible if only these relationships were founded in honesty, trust, respect?

And how often do people in the workplace have a sense of injustice? This may be in relation to a particular incident or experience. Or it may be in relation to the ongoing culture and practices of the organisation within which they work or of an individual or individuals within that organisation.

If these thoughts ring true to you, you might like to go back to Dominic’s brief interview entitled “What is restored in Restorative Justice?” In it, Dominic points to what he calls “connection”. This, he says, is the thing that is broken and which Restorative Justice seeks to restore. To what does he refer? Some call it communication, relationship, rapport. No doubts other terms are also used.

As I share these brief thoughts I wonder, what need there is in your workplace to restore connection? And what means do you and your colleagues have to achieve this? I do not intend to suggest that Restorative Justice is the way to restore relationships in the workplace (thought it might be). At the same time, I do wonder what our work experience might be like if we all had confidence in a process or in our own skilful means to build, maintain and restore relationships with our colleagues.

I wonder what thoughts you have as you read this?

Restorative Justice – the NVC way

In 2006 I was privileged to hear Dominic Barter talk about his work in the field of Restorative Justice. Dominic, who is based in and works in Brazil, told the story of a baker who, when he learnt that the man who had killed his son when attempting to steal a loaf of bread had no other way to get food that day, was moved to offer the man a job in his bakery. I find it hard to share this story (as I have done many times) without being moved to tears. This is the power of the kind of deep mutual understanding that can come from Restorative Justice.

What is Restorative Justice? Searching the internet I find a source of information at http://www.restorativejustice.org/. This website offers a set of slides which provide background before offering a definition – an invaluable resource for those who are searching for information. In essence (my brief attempt at a definition) Restorative Justice recognises that there is scope to build understanding between the “offender” and his or her “victim” in ways which repair the damage done – hence the term “restorative” – and that this in turn can have a positive, even healing effect across whole communities. Perhaps the most famous example of Restorative Justice is the Truth and Reconciliation process that took place in South Africa after the ending of apartheid.

I think of this when an e-mail lands in my in-tray from a member of the NVC-UK e-group, a group of committed practitioners of Nonviolent Communication. The e-mail, in response to a query, highlights Dominic’s work and provides sources of information which I decide to include here. They are:

As I write I imagine that some of my readers might be asking “what’s this got to do with us in the workplace?” I’d love to read your thoughts here – and share my own tomorrow.

When a missing ‘t’ makes all the difference

There was a time in my life when I became known as “Dorothy Nesbit-with-one-t”. For when the majority of people add a ‘t’ to your name that doesn’t belong, why would you not spare them from being corrected by providing guidance ahead of time?

Today, it is a missing ‘t’ that made the difference between meditation and mediation. Yes, meditation, mediation, meditation… it’s all in the ‘t’. For as I write, I am anticipating with a great sense of excitement taking part in a three-day training programme in transcendental meditation, beginning on Wednesday. This has been a long time coming – I booked it months ago. When I mentioned it today in an e-mail to a colleague, she asked me if I had any recommendations for training in mediation – that missing ‘t’! As it happens, I do have some thoughts from the sidelines.

Mediation has as its aim to resolve disputes between parties. Sometimes, this is a way of finding a way forward without going to court. Some people see mediation as a way to reach a compromise, with everything that this word implies: “if I give you x, will you give me y?” The result can be a pale shadow of the outcomes that either party yearned for, even whilst carrying the title “agreement”.

In my view, mediation at its best goes beyond surface demands to understand the deep needs each party brings. Perhaps the business partner who has asked for a 60% payback when his partner insists on selling the business is really wanting recognition for the contribution he has made. Or maybe he wants to express his hurt or anger that his partner has taken a unilateral decision to sell. Perhaps the mother who argues for full custody of her children after her husband has left her is anxious that her now ex-husband will fail to care appropriately for their children if he is granted joint custody. Or maybe she wants understanding for the pain she feels and for which she is holding her husband responsible. When we understand our own deep needs and those of the person with whom we are in dispute we are already nine 10ths of the way towards finding ways in which the needs of both parties can be amicably met.

So, whilst not being an expert in mediation, I offer as a starting point the reading of Marshall Rosenberg’s book Nonviolent Communication: A Language for Life. Understanding nonviolent communication or ‘NVC’ is, in my view, an essential foundation for effective mediation. The Center for Nonviolent Communication also offers training in mediation (see http://www.cnvc.org/ under Conflict Resolution).