In September 2017, Jenifer Crawford offered a “speed-geeking” contemplation Integrity in Mediation. The video of her talk has been incredibly popular, and Jenifer has kindly provided this more detailed summary of her thoughts on the topic.
“Integrity” is a powerful word in our society. It describes a state of being that most of us aspire to be. It can also describe the wholeness or completeness of a thing or process. In my view, as mediators we need to ensure that we demonstrate integrity in our role as mediators and also ensure that our mediation process itself has integrity.
My intention is to outline how we can
- demonstrate integrity in our role as mediator;
- ensure integrity in our mediation process; and
- enjoy the advantages of mediating with integrity.
Integrity as a Mediator
Many of us associate personal integrity with honesty, morality and ethical behaviors. Indeed the usual definition of integrity is “The quality of being honest and having strong moral principles; moral uprightness”. Dictionary.com provides the following synonyms for integrity: honesty, probity, rectitude, honor, good character, principle(s), ethics, morals, righteousness, morality, virtue, decency, fairness, scrupulousness, sincerity, truthfulness, trustworthiness.
It is easy to see how the qualities of integrity tie into our role as mediators. So what are some of the ways that you can demonstrate integrity in Mediation?
- The top of the list in definitions about integrity is always honesty. Demonstrating honesty is more than being truthful. It includes being sincere, genuine, frank and forthright in communications. To do so,
- Don’t pretend to have knowledge about the subject matter if you don’t
- Be awareness of your own biases
- Ensure that your words and actions are consistent
- Be authentic.
- Create and adhere to your own set of moral and ethical values, beliefs and principals as they relate to mediation. One can describe a person as having ethical integrity to the extent that the individual’s actions, beliefs, methods, measures and principles all derive from a single core group of values. This requires self-analysis – what are the fundamental beliefs, values and biases that you live by and thus bring with you to mediation? For example: client autonomy, self-determination, impartiality, independence, tolerance, neutrality, lack of judgment, conflict of interest, respect, justice, fairness, social responsibility, do no harm.
- Be intentional in how you apply your values, beliefs and principals in your role as mediator. This includes understanding how they impact your behaviour, your words and your thought processes. You need to be aware of how your words and actions reflect your personal beliefs principles and values to others. The natural extension of that is you need to ensure that your words and actions are in fact consistent with the values, beliefs and principals you claim to hold. In other words, be aware and be wary of how your words and behaviours impact others.
- Tied into having an understanding of your values, beliefs and principals is also reflecting on how are you able to account for discrepancies and manage information that might alter those beliefs? Part of being accountable to those you serve is demonstrating a willingness to adjust your values when you receive new information or to maintain consistency in your presentation and handling of a matter.
- Be consistent and reliable. Individuals who come to mediation to resolve conflict are looking for someone they can trust. Consistency in presentation develops trust. If you present as calm and empathetic on one moment and frustrated or impatient the next you are not being consistent. The same is true from one mediation session to the next; in one on one meetings and in group sessions. Decide who you want to be in mediation and present a consistent character each and every time you mediate, regardless of what might be happening in your personal life or outside the mediation room. And remember, many of us live and work in small communities (be they geographical or social). If you don’t live the rest of your life consistently with what you present in mediation, you will not be seen as credible or living with integrity.
- Be transparent. This requires communication about what you are doing and why you are doing it. It also requires you to be prepared to admit to mistakes or limitations in your ability to assist the parties.
- Be competent. Be aware of your strengths and weaknesses as a mediator and ensure you have the right skill set to help the parties. If not, be sufficient engaged in your local mediation community so that you can refer the parties on to another practitioner who is better suited to their needs.
- Finally, be humble. The mediation is not about you. Always remember that you are there in the service of others.
Integrity of the Mediation Process
As mentioned, in addition to describing the personal qualities of an individual, Integrity also refers to the condition of a thing or process and in this context the word is often defined as “unity, wholeness and/or soundness of construction” or the “state of being whole and undivided”. In meeting the needs of our clients, it is important that we develop a mediation process that is complete and sound and which is capable of meeting their needs and which provides a safe place (personal, physical, emotional, spiritual) to resolve conflict.
In order to develop a process that has integrity, there are many matters you can consider.
- Create a framework that is appropriate to the dispute and stick to it. In doing so, remember that not every mediation needs to be or should be managed in the same way.
- Ensure that your framework is cohesive and contains all the elements necessary to ‘make a whole’. In other words, does your process contain all elements necessary for the parties to bring a matter to resolution? Think about how those elements interact or work together to move the parties forward? It helps to take a holistic approach to creating your framework, meaning:
- Be flexible to meet the needs of the parties, but remember that they are coming to you as an expert to create a process that will allow them to manage their conflict in a safe and effective way
- Ensure that the process applies to everyone equally – there should be no arbitrary or unwarranted exceptions for persons or groups
- Once you have a plan – execute the plan.
- Create ground rules and use your best efforts to ensure they are enforced. These might include matters such as acting in good faith, full disclosure, listening actively, respect in language and behavior, and confidentiality.
- Value people’s time and resources. This means be on time, stick to agreed upon time frames and provide value for monies spent by your clients in retaining you to assist them.
- Ensure your process is fair and that it is seen to be fair by the parties. Is everyone treated equally? Does everyone have the same opportunity to participate? Are you able to manage actual or perceived power imbalances?
- Ensure that you complete what you begin. Understand that once you embark on this process with participants, you are in for the long haul. Keep your promises in respect of process, timing and reporting. Have a method of ending the process if it is not working and be prepared to refer clients to other resources or processes
- Ensure you review your frameworks and process from time to time. Be open to feedback positive and negative and don’t get locked into “how you do things”. Be prepared to look at what works and doesn’t, and adjust your process accordingly.
Advantages of integrity
There are many advantages that flow from demonstrating integrity in your role as mediator and in your mediation process. In that regard, mediating with integrity:
- Builds trust in the mediation which is a predictor of success in outcomes.
- Creates a positive experience for your clients, regardless of whether they are successful in resolving the dispute.
- Builds your reputation as a mediator and will lead to growth in your mediation practice.
- Enhances your own personal sense of self-esteem and satisfaction with your employment.
Jenifer Crawford is a Member of CoRe’s Board of Directors. She is a lawyer and mediator in Kamloops, BC. Her legal practice emphasizes personal injury. As a mediator, Jenifer’s practice is wide-ranging: she is a member of Mediate BC’s Civil Roster, the Family Roster, and the Child Protection Roster.
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