feature article Beyond Civility — !"#$%&

By Robert W. Rack, Jr.

wo years ago, on the 10th initiatives now behind us, we’d like to person and would be more likely to listen anniversary of September 11th, share some of the lessons learned. to what he or she had to say in the future. two prominent members of our First, we learned from recent stud- Many were surprised by the change in TBar, Tim Burke and Alex Trianta!lou, ies in psychology and neuroscience that their attitude. Trespectively the chairmen of the people form what moral psychologist It seems these personal stories trans- Hamilton Country Democratic and Jonathan Haidt calls our “moral intu- formed the presenters in the audience’s Republican Parties, issued a joint press itions” early in life. $ese beliefs steer our eyes from political symbols to people release suggesting core values that thinking and listening into and through with families and in%uences and troubles both parties and all Americans hold in adulthood. $ey dictate whom we trust much like their own, opening the space common. Soon a"er, partly inspired and believe and what we accept as true or for empathy and enabling a more genu- by that press release, a group of judges, false. As anyone who has tried to change ine human connection. lawyers, and other In a unique event we civic leaders formed called a Back-to-Back, Repub- Beyond Civility: While changing minds was not the goal, lican State Rep. Lou Blessing Communication for and Democratic State Rep. E#ective Governance opening minds was, and that appears to Denise Driehaus bravely took (beyondcivility. have occurred. the stage at the College of org). $ey were also Mount St. Joseph to present responding to ABA the opposing party’s posi- another person’s mind on a political or Resolution 108, also adopted that year, tion on several controversial statewide religious topic knows, these beliefs can be calling on lawyers and bar associations issues. $is format virtually eliminated unshakable. To argue facts against them to take a leadership role in addressing the the spin and emotion typically employed is not just futile, but o"en counter-pro- problems of political polarization and to obfuscate truly debatable points. Each ductive. Only within rigorous disciplines paralyzing modes of discourse. presenter was asked to keep explaining like law or science might facts ultimately In a September 2012 CBA Report the other side’s positions and rationales trump people’s preconceived beliefs. article about Beyond Civility I wrote that until the other said, “I couldn’t have said So, how can minds be changed or at in a healthy democracy, as in any healthy it better myself.” least opened to di#erent ideas? relationship, it is critical that people It’s hard to measure the true impact From the four Side-by-Sides, we saw with di#erent views be able to hear and of something like this, but the audience the power of stories to build connections be heard by each other. We reported on reported in overwhelming percentages between people. A"er our Side-by-Side communication workshops for elected that the reverse debate format contribut- presenters described their families and and civic leaders, and described a plan ed to their ability to “hear and appreciate the people and events that shaped them for Side-by-Side presentations in which the di#erent perspectives presented.” from childhood, audiences reported in pairs of high-pro!le leaders would tell of More than 80 percent said they felt overwhelming percentages that their people and events that helped shape the “much better informed about the issues,” most negative assumptions and attitudes views they hold today. and almost half said their opinions were about the presenting individuals were Today, Judges Sandra Beckwith and a#ected by the presentations. While so"ened or even changed. While they Timothy Black serve as co-conveners of changing minds was not the goal, open- might still disagree with the presenter, the Beyond Civility Steering Committee ing minds was, and that appears to have they thought they could more easily in support of an expanding program to occurred. have a productive conversation with that address the civility goals. With several $e Beyond Civility group now is 8 l September 2013 CBA REPORT www.CincyBar.org feature article redesigning the communication workshops for a new group and Beyond Civility Steering Committee planning another series of Side-by-Sides to start in the fall. We are looking for more public !gures willing to engage in Back-to-Back Conveners issue discussions, though it’s a bit tricky for those who must run for Hon. Sandra Beckwith, Esq, Senior United States o"ce. Other initiatives, including CLE programs based on these District Judge, Southern District of Ohio, formats, are on the drawing board and will be announced soon. Western Division at Cincinnati Meanwhile, we hope leaders and citizens alike will experiment with ways to increase real, problem-solving conversation. A healthy Hon. Timothy Black, Esq. United States District Judge, democratic society depends on it. Southern District of Ohio, Western Division at Cincinnati

Rack is co-founder of Beyond Civility and retired chief circuit mediator, United States Court Founders of Appeals for the 6th Circuit. Bea Larsen, Esq. Senior Mediator, T Tony Aretz, president, College of Mount St. Joseph; Bill Seitz; Roxanne Qualls; Bob Rack; Center for the Resolution of Disputes Judge Sandra Beckwith; David Mann; and Bea Larsen at the College of Mount St. Joseph Robert Rack, Esq. Retired Chief Circuit Mediator, United States Court of Appeals for the Sixth Circuit

Members Gene Beaupre, Assistant Director, Philosophy, Politics and the Public Honors, Xavier University Lou Blessing, Esq. Former Speaker Pro tem, Ohio House Tim Burke, Esq. Chair, Hamilton County Democratic Party

W Co-convener Judge Timothy Bill Fee, Retired Vice President & General Manager of Black chats with hosts at the WCPO-TV. College of Mount St. Joseph. Hon. Pat Fischer, Esq. Judge, Ohio First District Court of Appeals, Past President of the Ohio State Bar Association Kevin Flynn, Esq. Representative of the Charter Party of Greater Cincinnati Dan Hurley, Producer and host of Local 12 Newsmakers X Ken Blackwell and Jerry Springer before and reporter for the station for more than 30 years their Side-by-Side at UC. David Mann, Esq. Attorney-at-Law, Mann & Mann; former Mayor of Cincinnati; Member of Congress, 103rd Congress, First District of Ohio Jerry Newfarmer, Former Cincinnati City Manager, President and CEO of Management Partners W State Reps Denise Driehaus Yvette Simpson, Esq. Member, Cincinnati City Council and Lou Blessing at a Back-to-Back Dale Stalf, Esq. Chair, Litigation Practice Group at moderated by Wood & Lamping LLP; Member of the Board of Trustees Bob Rack. of the Cincinnati Bar Foundation Alex Trianta!lou, Esq. Chairman, Hamilton County Republican Party George Vincent, Esq. Managing Partner, Dinsmore & Shohl LLP Mike Wilson, Founder, Cincinnati Tea Party

CBA Representative Maria Palermo, Esq. Assistant Counsel, Cincinnati Bar Association

S City Council Member Yvette Simpson and Council candidate Amy Murray present at a Side-by-Side at the WCET studios. www.CincyBar.org September 2013 CBA REPORT l 9