Public Diplomacy's Role at Various Stages of Conflict Resolution

"...Public diplomacy is critical in extending civilian-military power. It combines soft and hard power to make the kind of “smart power” that is necessary to succeed." 
-Tara Sonenshine, U.S. Under Secretary for Public Diplomacy and Public Affairs

The above quote is from Under Secretary Sonenshine's remarks she made recently and I think it resonates well with the work everyone does in conflict resolution- ranging from being a volunteer mediator to engaging in negotiations of seven-figure sum disputes or multi-nation treaties, and everything in between.

Photo of Tara Sonenshine
Tara Sonenshine, U.S. Under Secretary for Public Diplomacy and Public Affairs

Sonenshine's words also reiterates what her co-worker, U.S. Department of State's Special Representative to Muslim Communities Farah Pandith (who happens to be giving the keynote at this year's ACR-GNY Conference later this week), states when she shares that her role and the U.S. Department of State as a whole is seeking to do when engaging others- change the narrative.  

This means working collaboratively to move from an "us and them" or even worse an "us versus them" perspective to creating a situation that does not always mean agreeing but rather communicating that creates understanding and mutual trust.  There is no wonder the word "empathy" constantly comes up and is pervasive (it is also comforting for lack of a better word) with the work of the State Department's employees- utilizing it demonstrates with those they engage that it is a genuine outreach looking to develop sustainable and meaningful relationships. 

It is also notable to look at the positions held by both Sonenshine and Pandith- they both have accomplished much in global diplomacy in their careers using these effective communication skills and currently have prestigious positions where they possess considerable influence. 

Have a read of Soneshine's remarks below and take a moment to reflect on how it applies to your practice as someone who engages conflict.

U.S. Department of State - Great SealPublic Diplomacy's Role at Various Stages of Conflict Resolution

Remarks
Tara Sonenshine

Under Secretary for Public Diplomacy and Public Affairs 
The Stimson Center
Washington, DC
June 6, 2013

It is an honor and a pleasure to be here today, with a good friend and colleague, Ellen Laipson, who has done so much to advance international affairs, not only through The Stimson Center, but from the White House to the Foreign Policy Advisory Board to countless other boards. Thank you, Ellen, for your friendship and your contributions to American foreign policy and for this unique opportunity to talk about the civilian-military space and its relationship to public diplomacy.

This is not an easy subject but it is a timely subject, as you will soon hear about in the panel discussion later this morning. Russ Rumbaugh, who directs your Budgeting for Foreign Affairs and Defense, will talk about the interaction between DOD and our civilian corps and Alison Giffen, who often collaborates with our own Bureau of Conflict and Stabilization Operations, will discuss ways we can enhance our civilian-military capabilities to support conflict resolution.

My thesis today is that public diplomacy is critical in extending civilian-military power. It combines soft and hard power to make the kind of “smart power” that is necessary to succeed. Public diplomacy is inextricably linked to key U.S. foreign policy goals of preventing deadly conflict, managing conflict when it occurs, and building civil societies out of the ashes of conflict.

Before I go any further, allow me just a bit of history.

At the State Department, I sit in the office once occupied by George Marshall—a man who understood a thing or two about strengthening our civilian-military continuum and about how to repurpose the aftermath of war into the new math of peace and prosperity.

The Marshall Plan set the precedent for a kind of transformative and collaborative capability. As former Secretary of State Clinton put it so well, and I quote, “The allies won the war with guts and valor, and the Marshall Plan won the peace with bricks and mortar.”

But the Marshall Plan went much further than bridges and buildings. It created an infrastructure for economic growth, which helped to create an alternative scenario to the biggest threat to our mutual freedom at the time: communism. The proof of success is in the story of the post-Marshall Plan era and how we, and our allies, came to choose paths that led to periods of peace and prosperity and alternatives to the communist system.

This theory of change that we can create alternatives to violence — that is the crux of the challenge of the military-civilian, civilian-military hyphen, in conflict prevention and post-conflict settings: How to create an alternative scenario to violence, destruction, division, hostility, and the danger of more deadly conflict.

It is also the challenge of public diplomacy—creating alternative scenarios using a variety of tools and approaches that have immediate and sometimes not so immediate impact.

Read the full remarks [here]
Read about Under Secretary Sonenshine [here]
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Ask U.S. State Dept.'s Special Rep. Farah Pandith


The Association for Conflict Resolution Greater New York Chapter is offering a special opportunity to ask a promoter of peace how she applies conflict resolution skills to the work she engages in on a global scale.  
U.S State Department Special Representative Farah Pandith will be the keynote speaker at ACRGNY's annual conference on June 20th at Cardozo Law School.  As part of her keynote address, she will allow a segment for questions that have been pre-submitted and selected by the conference committee.  
The ACGNY Conference Committee does not want to limit this great opportunity to just people attending the conference- we are expanding the opportunity to submit questions to everyone across the globe regardless if you are attending or not.
You have a variety of ways you can leave a question for Special Representative Pandith:
  • Post the question as a reply in this thread at ADRhub.com
  • On Twitter, ask it and include the hashtag #ACRGNY
  • Email conference [at] acrgny.org

Regardless of the method you choose, make sure to:
  • Make sure your name and city is displayed
  • Your question is conflict resolution related 
  • It is related to the work she does 

We thank everyone in advance, and please know we will not be able to present all the questions as we will be limited in time.  
Thank you and help us spread the word about this great opportunity to engage and learn from a leader in our field.
NOTE: The last day to submit questions is 11:59 p.m. est on Friday, June 7th. 

Read more about Special Rep. Farah Pandith [HERE].
Learn more about this year's annual ACRGNY Conference [HERE].
read more "Ask U.S. State Dept.'s Special Rep. Farah Pandith"

Judging Others Even If You Don't Realize It


Mediation and nonverbal communication are two terms, and those who know me can vouch for it, that I have been using non-stop for the past two years as both are the core focus areas of my PhD research topic at Griffith University Law School
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Increasing Referrals to Small Claims Mediation Programs


Increasing Referrals to Small Claims Mediation Programs
Guest writer Heather Scheiwe Kulp, Harvard Negotiation & Mediation Clinical Program at Harvard Law School 
She will be presenting at this year's annual ACR-GNY Conference June 20th [more here]
My favorite part of new mediator training is watching the attendees discover the potential value of mediation. They nod knowingly when they realize how brainstorming creative options based on parties’ real interests may change the dynamic of winner-takes-all, money-is-everything court battles.
Eager new mediators crave experience, not only for its own sake, but also so they can use their skills to serve people in conflict. One of the most common venues for new mediators to gain such experience is small claims court. Litigants, often without attorneys and seeking what the court deems as minimal claims, are referred to these mediators, given a certain period to resolve the dispute, then sent back to court for a trial if the dispute cannot be resolved in mediation.

Though the volume of these cases has grown larger with the recession, few studies have focused on understanding the process that encourages small claims cases to be referred to and settle in mediation. Perhaps this is because the court sees such claims as minimal (though the dispute and the money are significant to the parties). Perhaps it is because we often send our newest, likely unpaid, mediators into these settings. Yet, small claims mediation programs offer an insightful picture into court dispute systems design; how does a court manage the disputes of a significant number of litigants who seek access to justice in a system they don’t understand very well?
Click here to visit the Werner Institute Blog

To write this article, I examined publically-available statistics from at least one small claims mediation program in each of the 50 states. I also outlined how each of these programs referred cases into mediation. Categorizing similar types of referral systems, I developed six referral models:

  • ADR Required, Parties Choose Process
  • Mediation Ordered or Suggested at Filing, Parties Mediate Outside Court
  • Mediation Required, Must Occur at or Before Hearing
  • Mediation Ordered or Recommended by Court at Hearing
  • Mediation Suggested by Court, Parties Choose and Mediate Outside Court
  • Mediation Suggested by Court, Parties Choose and Mediate at Hearing

I then analyzed whether there were statistical patterns in each models’ representative programs. No “best” type of referral emerged. Certain models offer benefits to programs dedicated to providing greater access to mediation services for all small claims litigants. Other models offer benefits to programs that intend to send to mediation the cases most likely to settle. Still other models are most effective when all parts in a court system are dedicated to promoting mediation, no matter the outcome.

The models suggest common themes for providing greater access to justice. First, the earlier a referral is made, the greater likelihood the case will settle. “Early” can mean before a case is filed.  Second, basic education from an authority figure, like a judge, leads more litigants to try mediation. Education means more than telling litigants mediation is available; it involves explaining what mediation is and what some of its benefits may be. Third, mediators who are well-trained to mediate cases involving self-represented litigants increase litigant and judicial confidence in the process. Programs must publish more consistent and reliable data before further themes can be deduced.

Hopefully, this study prompts others to research how courts can design more effective mediation programs for small claims litigants, many of whom come to courts seeking access to problem-solving systems. In the ADR community, I hope our goal is to provide litigants and mediators alike with satisfying experiences.

Heather Scheiwe Kulp is the Harvard Law School Negotiation and Mediation Clinical Program’s Clinical Fellow. Prior to joining HNMCP, Ms. Kulp was a Skadden Fellow with Resolution Systems Institute/The Center for Conflict Resolution in Chicago. There, she partnered with courts and government agencies to develop small claims, foreclosure, and other mediation programs for low-income litigants. She has consulted with multiple states, the Uniform Law Commission, and the Department of Justice about best practices in foreclosure mediation. Her work has been published by the American Bar Association Dispute Resolution Section, the Illinois State Bar Association, Wipf & Stock, the Los Angeles Times, the Chicago Tribune, the Minneapolis Star-Tribune, ACResolution Magazine, Cardozo Journal of Conflict Resolution, and the Arkansas Law Review (forthcoming Spring ’13). Ms. Kulp is a graduate of Northwestern University School of Law and Saint Olaf College. Prior to attending law school, she founded and directed a not-for-profit alternative magazine for young women, Alive Magazine.  
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Empathy is the Secret Weapon

Empathy is the Secret Weapon

Having the ability to combat hate requires skills that are also necessary of mediators and other conflict professionals.  One such skill is empathy. It is important to note empathy does not require agreeing but more importantly it gives you insight as you move from the way you “see” things to “see” the situation or issue from a different perspective. 

Empathy is not just a powerful tool for mediators- it is being used with social media to inspire young people.
It is a bold task to attempt to fight hate with the tool empathy.
Hours Against Hate, started in 2010, is a project co-launched by U.S. Department of State Special Representative To Muslim Communities Farah Pandith, to inspire young people to combat hate based on race, religion, gender, ethnicity, having a disability or being a lesbian, gay, bisexual, or being transgender.

Having the ability to combat hate requires skills that are also necessary of mediators and other conflict professionals.  One such skill is empathy. It is important to note empathy is about understanding the perspective, emotions, and motivations of others.  It does not require agreeing but more importantly it gives you insight and understanding of others as you move from the way you “see” things to “see” the situation or issue from a different perspective.  Lack of empathy often can lead to misunderstanding, confusion, and even more unfortunately, violent conflict.
Read the rest of the article [HERE]
========
Special Representative Pandith is the 2013 keynote speaker at the annual ACR-GNY Annual Conference: http://acrgny.org/annual_conference
Follow Special Representative Pandith on twitter: https://twitter.com/Farah_Pandith

Hours Against Hate: http://www.state.gov/s/2012hoursagainsthate/

Visit the Hours Against Hate Facebook page:https://www.facebook.com/2012HoursAgainstHate

Coca-Cola Journey: Taking Global Action To Fight Hate: http://www.coca-colacompany.com/opinions/taking-global-action-to-fight-hate
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