Senator Feingold on Civility

Last week in honor of ABA Mediation Week, the DR Society here hosted former Senator Russell Feingold for a talk on Civility in Public Discourse. We had a wonderful off-the-record hour (so I can’t tell you all the good stories!–here is me cracking up at one) but what I can say is heartening in terms of supporting our students. Feingold noted that the most persuasive negotiators in the Senate were those who were passionate and had conviction and would also know when to work out a deal. You could trust that they would keep their word. When I asked him about the “argument culture” that seems to pervade Washington, Senator Feingold urged our students to fight against this mentality–stay civil, be humble, keep your word. In reflecting about his long-term interactions with Senator McCain on the campaign finance reform bill, Senator Feingold pointed out that these cross-cutting relationships are crucial–after all, you don’t need to make a deal with those who already agree with you. Over his 18 years in the Senate, he noted how the atmosphere had changed where a senator was part of a joint enterprise with an honored history and esprit de corps–these days politicians get elected by running against the idea that you need to work together. In focusing on Wisconsin–which has been an incredible battleground in the last year over labor rights, the Supreme Court, and other issues–I will note at least two state senators that seem to be taking a page from Senators Feingold and McCain. Dubbed the Common Ground tour, these two senators are touring their respective districts stumping for common issues.  (For more on the Common Ground tour and to hear directly from these state senators, you can click here to watch our own Mike Gousha interviewing them as part of Marquette’s “On the Issues” series.)

Cross posted at Indisputably.

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Mandatory Foreclosure Mediation: A Good Idea?

The Florida Supreme Court has ordered a review of its 18-month-old mandatory foreclosure mediation program.  Should a similar process come to Wisconsin?

In July 2011, Wisconsin had the 10th highest foreclosure rate in the United States, only four spots behind the State of Florida.  Several initiatives in Wisconsin have attempted to inject mediation into the foreclosure process, with varying amounts of success.  Purely voluntary processes are flailing – with lenders refusing across the board to even attend the voluntary mediations.  More suggestive processes are seeing varying amounts of success.

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Respecting Others’ Positions

Professor Calboli made an interesting point in her comment to one of my previous posts, where she used the phrase “respecting others’ positions.” This gave me an idea for another post. What does it mean to respect others’ positions? Values-based disputes are often very hard to negotiate and accordingly, mediators are introduced to help bridge the gap. A problem I have witnessed, at least in my work, is that mediation is overly used and valued. Consensus is sought for consensus’ sake and mediation is implemented without any regard to negotiative theory. There are times when people will not, and based on their values, should not agree. If one’s best alternative is preferable to what is offered at the table, one should walk away from the table. If one’s bottom-line cannot or will not be met, it is both self-deceptive and disrespectful to continue to push for “consensus.” Having twenty conversations in order to change the plan of care to something more in-line with what you want is not truly consensus—in some ways, it’s possibly coercive.

This does not mean people should shut down and stop working toward their goals; it merely means that people should seek to achieve their goals away from the table.

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