The field of Alternative Dispute Resolution, commonly referred to as ADR, is seen as a universal language to the legal system – an approachable way to address conflict.
The informalities and relaxed nature of the resolution process attract many to its doors, especially when it comes to cooperation and the perception of being heard. Even though the mediator is not directly part of the decision-making process, the mediator’s presence greatly affects the parties’ perception of the process. This can greatly impact individuals’ participation and their willingness to continue with the process, especially when there is perceived disrespect from the mediator. In particular, African American individuals and communities who perceive prejudice from the process may step back from mediation, even if they begin the process with hope (1).
Mediation, and the field of ADR, are built upon color-blind, universal principles that are intended to convey impartial inclusivity (2). However, these foundations can accidentally come across as “one-size-fits-all” and prevent meaningful dialogue between different representations (3). This means that the solutions the field of ADR offers are only as strong and inclusive as the internal structures that uphold them.
Mediation & Prejeduce
Mediation, and the ADR field as a whole, have the ability to perpetuate prejudice towards the same marginalized groups that sought the protections in the first place. It is not enough for mediators, and the entirety of ADR, to acknowledge the power imbalances that can taint the mediation process. Mediation requires enthusiastic curiosity and readiness to adjust cultural understandings to effectively account for all parties who meet at the table.
This is especially important to consider when identifying issues that power influences, such as contract enforceability and willingness to participate. These checks and balances can allow the ADR system to self-regulate and balance itself, ensuring that everyone feels welcome, safe, and open to creating long-term solutions that will benefit the community.
This is not about ‘making space’ for all parties; it is about transforming the current space to include everyone from the start. African American communities have retained hope in ADR, specifically the mediation process, to have meaningful conversations against opposing voices, especially when community harmony and safety are on the front line.
Training mediators in cultural competency, promoting and encouraging more mediators from diverse backgrounds, and creating plans to foster continuous dialogue can make mediation more hospitable and inviting, so that all parties know they have a place without ever questioning their belonging.
Footnotes
(1) Akintayo, Obafemi D., Chinazo N. Ifeanyi, and Okeoma Onunka. 2023. “Addressing racial and ethnic tensions in the USA through ADR strategies.” Global Journal of Research in Multidisciplinary Studies 2, no. 2 (September): 1-15. 10.58175/gjrms.2024.2.2.0050.
(2) Mabry, Cynthia R. 1998. “African Americans ‘Are Not Carbon Copies’ of White Americans.” 424-426.
(3) Ibid.
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By Camdyn Rushlau, Mediation Assistant
Camdyn Rushlau is a Mediation Assistant at RSCCM. She is an alumna of Michigan State University’s James Madison College, where she studied Social Relations and Policy, and she brings this interdisciplinary background to her mediation work and conflict-resolution style.