IN PRACTICE MY TOUGHEST DISPUTE UK
Clive Lewis OBE DL ACIArb, Director, Globis Mediation Group, and accredited commercial mediator
What was your toughest dispute? To share it in the next issue email editor.resolver@redactive.co.uk
Out of the hundreds of disputes that I’ve mediated, this was the one that raised the issues closest to my heart
Some time ago I mediated a dispute for a large organisation in the services industry. The dispute, which was race-related, was between a former black employee (Gloria) and her white line manager (Sonia). The mediation process gave the opportunity for the parties to try to clarify who said what and when. Gloria believed that she had been held back and victimised because she was black. I would describe Sonia as a “tough cookie” who wasn’t giving much away. The session started. By late morning the time had come to move the mediation from caucus sessions to a joint discussion between the two parties.
This lasted for about 10 seconds. It seemed like 60. You could have heard a pin drop. It was as if these words delivered the fatal blow that finally made Sonia see the impact of her actions. For the first time I witnessed Sonia show emotion. She didn’t know what to say but the expression on her face said enough. The power of these words had also struck me as the mediator, and I too needed to take a few moments to compose myself. But no one in the room knew this. In a large part, this was due to the fact that I am from the same background as Gloria. None of the hundreds of disputes I have mediated has raised issues as close to my heart
I gave Gloria the opportunity to speak first. After taking around 15 seconds to compose herself, she made eye contact with Sonia and begun what seemed like a rehearsed and prepared speech, only it hadn’t been rehearsed or prepared. She described, impeccably and articulately, the hurtful actions and words used by Sonia over a period of time. She quoted dates, referred to colleagues and gave specific examples of what had happened. In her mind, she said, the only conclusion she could make was that Sonia was racist. Gloria ended her speech by saying: “Even the Ku Klux Klan wear hoods so that no one can see who they are.” The room went silent.
as this one. Settlement was agreed some eight hours later, which was supported by a compromise agreement as Gloria decided to move on. The settlement included a provision for Sonia to attend equality and diversity training. One of the key learning points from this case is on the topic of unconscious bias. Learning to draw a circle around myself and keep my own feelings and experiences separate has been crucial as I have developed my skills as a mediator. This case serves as a reminder of the importance of the neutrality and objectivity that a mediator must convey, regardless of their own experiences and beliefs.
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THERESOLVER | November 2012
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