NEW ENGLAND CHAPTER OF THE ASSOCIATION FOR CONFLICT RESOLUTION NE-ACR News Volume #20 Issues #3 & 4 Summer & Fall 2012 Guiding a group that has DEEP disagreements An excerpt from Civic Fusion: Mediating Polarized Public Disputes By Susan L. Podziba As I scanned the room, the beauty of the pro-life and pro-choice leaders was striking. Six women, tragically unified by shooting deaths at two women’s health clinics, were talking about partial-birth abortions, also referred to as bans on certain abortion procedures (we used both labels in discussions because neither side accepted the way the other framed the issue). As their absolute and unbridgeable chasm came into clear focus, so, too, did the depth of their relational bonds. It was mysterious. Some called it sacred. As a facilitator of the talks, I called it paradoxical unity. For years after this experience, I walked around with little red bar magnets in my pocket. In spare moments, I’d take them out and turn their positive ends toward each other to feel the combined power of their mutually insistent forces. It reminded me of the gap that existed among the pro-life and pro-choice leaders. But it also left me continuously puzzled over the binding force that had held the two groups together, Thinkstock illustration even as the gap remained intact. I thought there must be a natural, physical force that would help explain the paradoxical unity of the abortion talks. With the benefit In this issue Page of an MIT email address (I was teaching there at the Civic Fusion By Susan L. Podziba 1 time), I wrote to magnetics professors to ask their Shared understandings By Ruthy Kohorn Rosenberg 4 indulgence for a brief conversation. In every issue Dr. Alan Lightman, a physicist, novelist, and director of 10 Questions for: Frederick Barton 2 MIT’s writing program, generously agreed to meet with me. I explained the puzzle I was trying to solve, and he From the president By Jane Beddall 3 quickly suggested I was looking for the nuclear force, Remembering Don Dickey 6 which holds together protons and neutrons in an atom’s nucleus. SAVE THE DATE Having studied basic chemistry, I found myself shocked NE-ACR’s REGIONAL CONFERENCE that I had never questioned how protons — with positive June 14-15, 2013, in Sturbridge, MA Continued on page 5

Published quarterly Page 1 CHAPTER OF THE ASSOCIATION FOR CONFLICT RESOLUTION 10 Questions for Rick Barton Frederick "Rick” Barton was confirmed by the Senate in March 2012 as assistant secretary for conflict and stabilization operations and coordinator for reconstruction and stabilization for the US State Department, where he works on development, peace building, climate change, human rights, and related issues. Over the past 15 years, he has served as the founding director of the United States Agency for International Development’s Office of Transition Initiatives; deputy high commissioner of the United Nations refugee agency; professor and lecturer at ’s Woodrow Wilson School; and as a senior adviser and co-director of the Post Conflict Reconstruction Project at the Center for Strategic and International Studies. Barton, who has degrees from Harvard College and University, has managed complex operations, directed strategic planning and built teams to improve the way the United States and the international community approach the challenges of more than 30 crisis places and fragile states. Paula Craighead, who conducted this interview, caught up with Barton this summer in . Your mother was born in Boothbay had to develop better tolerance to listen to Do you have a favorite tie you wear for Harbor, you spend summers in Maine, the same stories over and over again. difficult or important meetings? you started a business in Portland, and What has influenced your peace work? I do have a tie. It’s kind of gold with black. I you were involved in state political My mother’s approach was influential. She feel like it’s special. campaigns. Are there aspects of your had that genuine optimism that fuels You’ve worked in many cultures. Do they work as a diplomat that are influenced persistence, another New England quality. all value looking someone in the eyes by your connection to New England? Persistence is critical. upon greeting? For sure. New England civil life is one --- No, not exactly, but what is universal is the we’re so institution rich. We have every form You have worked for some of the world’s most influential and powerful women. establishment of some connection. Everyone of democratic practice: public votes, likes to feel respected, so you have to figure caucuses. The second piece is the innovative What advice do you have for others in that situation? out how to communicate your respect to the restlessness of New Englanders. We’ve other person. Once in Angola a few years actually had success at solving significant It’s been really a huge pleasure to work for Eileen Shanahan, [former deputy under ago, we attended an Indian community disputes, looking back through history, all service. We were down on the ground, and I the way from the era of the American secretary of Health, Education and Welfare]; Sadako Ogata, [UN High Commissioner for didn’t have a clue what to do next: I didn’t Revolution. Those strains are informative know whether my head was to touch the and influential. They influence my sense of Refugees from 1991 to 2001]; [UN ambassador] ; and Hillary ground or not. Somehow you communicate hopefulness, which at the end of the day is that you want to do it right whether you needed [to do peace work]. Clinton. I’m fortunate that my first boss was my grandmother in Boothbay Harbor. She actually do. During a recent visit to Maine, you was a very skillful teacher, and working for What habits or skills can you share with received the 2012 International her was a real pleasure. While these four mediators? Leadership Award from the Maine women I mentioned have tremendous ranges World Affairs Council. How was that? It helps to have a lot of patience. After that, it in leadership approaches and styles, they are starts with understanding the case as much It was a great visit and a nice event. It was so or were all great competitors, highly as possible. I listen to as many voices as full of a generous spirit it would have been energetic, very well prepared and people of possible in an iterative fashion. Many times hard not to have a great time. high integrity. My advice is to recognize that the choice of words people use gives a lot of Have you ever given yourself the title these qualities make good bosses. information. In Sarajevo in 1994, I heard “mediator?” Eileen Babbitt, an international people characterize the opposing parties in Not really, although more mediation is mediator at Tufts’ Fletcher School, once ways that were as diminishing as possible. I something this office is really interested in said, “international mediation is was hearing, in other words, certain levels of doing. There is a need for more and more domestic mediation outside the United intensity. After this [listening] process, I can people trained in mediation for what we do. States.” Does that seem true to you? be comfortable with sharing new ideas, Do you “sit with conflict” a lot? Yes, because so much of it has to do with especially if I hear looping or circular ideas Yes. And there’s a full range of human human beings and appreciating what going on between the parties. motivates them. Find out what their core emotions, including denial, because lack of Paula Craighead is on the board of interests are and don’t lose sight of those progress may be the situation. Lack of governors of the Maine Association of while finding common ground. The skill sets progress is difficult. I admire all different Mediators and editor of its bimonthly styles [of negotiation]. At one point, I found I that you have you use wherever you are. newsletter, The Bulletin.

Published quarterly Page 2 NEW ENGLAND CHAPTER OF THE ASSOCIATION FOR CONFLICT RESOLUTION From NE-ACR’s president Connections stretch across time, distance, and interests By Jane Beddall resolution practitioners throughout New Hamden, Connecticut, the site of our 2012 The fall is a busy time for NE-ACR and the England. NE-ACR members, in turn, are Summer Institute, where board member world of conflict resolution. It’s a time for part of other networks in the conflict Jessica Hynes serves on the faculty. Diane meetings and conferences, reflecting and resolution arena. In September, I attended was introduced by Bill Logue, a past NE- recharging. This year, I have been struck by the ACR annual conference in New Orleans, ACR president. In the audience were past a recurring theme: connections. where I met leaders of other ACR chapters board members Joe Mengacci and Peter We had a marvelous fall program in from around the country. We shared ideas to Benner, and past Pioneer Award winner Wellesley, , on October 17, address our common challenges and we Harry Mazadoorian. Later, I was introduced “Conflict, Consensus, and Leadership in the continue to in a break-out session by moderator and past Political Debate.” We started with a board member Frances Caliafore. lively social time, where newbies and I drop these names for a reason: to ask you old friends met, chatted and put faces to take a moment to consider how getting to to voices and names. The panelists and know other NE-ACR members allows you moderator provided so many thought- to be a part of others’ networks of dedicated, provoking observations that I found energetic, fascinating people who practice myself trying to use mnemonic devices conflict resolution. Obviously the reverse is to remember all the ideas I wanted to true: when you welcome others into your ponder later. network, you strengthen it as well. More than once, our panelists talked Like this newsletter? NE-ACR is looking about the need for those involved in for someone to take over as editor. conflict to make a connection. Not to For more information, email agree, not even to strive for consensus in [email protected]. some cases, but to find a way to have a civil conversation. Making a connection Finally, one of Diane Kenty’s points touched on a different type of connection: could mean having some small piece of Thinkstock illustration those we all have apart from the area of common ground, some respect for the do so in monthly conference calls and other person’s moral code (even if it is conflict resolution. She talked about the individual conversations. continuing need to educate the public, to completely different from yours), or some I also met Nancy Peace, a past NE-ACR recognition that the process in use will be the focus outside our own practices, and to think president and Pioneer Award winner, for the beyond the discussions and debates internal best approach for both parties. That first time. Susanne Terry, our 2011 Pioneer connection, however slim, can be essential to to the field. (As an aside, a search on Award winner and a workshop presenter YouTube appears to illustrate Diane’s point: the ability to have a meaningful dialogue. (along with Colin Rule, a past board Connections have been on my mind in a “mediation” leads to many videos – posted by member), was thanked for her work on the mediators – that genuinely involve second way this fall. NE-ACR has a long ACR Board of Directors. Past NE-ACR history of bringing together conflict mediation. The paid advertisements Vice-president Arline Kardasis gave a appearing next to them, however, are workshop as well. After the conference, NE- dominated by meditation themes.) About this newsletter ACR member Susan Schweizer was a We can easily start with our own NE-ACR News is published electronically panelist in a webinar I moderated for the connections. ACR celebrates Conflict four times a year by the New England chapter Elder Decision-Making and Conflict Resolution Day on the third Thursday of of the Association for Conflict Resolution. It is Resolution Section of ACR. edited by Louisa Williams, with help from each October, which this year fell on the day former NE-ACR board members Arline Back in New England, our fall program between the NE-ACR program and the Kardasis and James E. McGuire. featured past NE-ACR Presidents Loraine Speziale ADR symposium. NE-ACR Issues are posted on the Newsletter page Della Porta and Susan Podziba. Loraine and encouraged members to use that day to make (click “Newsletter” on the home page) of http:// Joni Doherty, another panelist, work a special effort to reach out to our own neacr.org and archived on that site. NE-ACR together on initiatives. Mari Fitzfduff is a retains joint copyright in all editorial work but networks to start a dialogue about the work grants reprint permission to qualified colleague of board member Ted Johnson. we do and why we love it. So, make a new organizations or individuals upon request. Two days after the NE-ACR fall program, connection, nurture an existing one, and see To request permission to reprint, comment I had the pleasure of hearing past NE-ACR where it leads! on an issue, or suggest an idea for a feature President Diane Kenty, of the Maine Office Jane Beddall, president of NE-ACR, story, interview subject, or book review, check of Court ADR, speak as part of the Eighth the submission guidelines on the Newsletter is the founder of Dovetail Resolutions, page of neacr.org or email the editor at Speziale ADR Symposium. The symposium LLC, a Connecticut-based mediation [email protected]. was held at Quinnipiac University in and consulting firm.

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Thinkstock photo Divisions, dialogues, and shared understandings By Ruthy Kohorn Rosenberg working outside the view of the public and the media, and I wasn’t sure what to expect from NE-ACR’s fall panel discussion understanding opponents’ moral motivations. “Conflict, Consensus, and Leadership in the Political Debate” in These women provided such different ways of thinking about this Wellesley on October 17. The panel featured Joni Doherty, director difficult and topical issue that hearing their stories was like listening of the New England Center for Civic Life at Franklin Pierce to a kaleidoscope. Provocative and insightful ideas, examples and University, who focuses often on deliberative dialogue; Mari experiences flowed. Fitzduff, who has worked in Northern I left the panel discussion with a very Ireland and now is director of the different set of understandings than I International Master of Arts Program in expected. I think the most important idea, Coexistence and Conflict at Brandeis We don’t have to change perhaps because I came to it as a University; Susan Podziba, a public each other’s minds; we need mediator, is that we don’t need to search policy mediator and author of the newly to find a way to move forward for consensus to move forward, that in fact published book “Civic Fusion: Mediating accommodating common what we need to strive for in this arena is Polarized Public Disputes”; and understanding of a common set of facts, moderator Loraine Della Porta, deputy ground and disagreements. an understanding of where we agree and director of the Massachusetts Office of where we disagree, and then an ability talk Public Collaboration. about what we can do. We don’t have to Skillfully introduced and orchestrated by Della Porta, each change each other’s minds; we need to find a way to move forward panelist brought her perspective to the evening’s topic. Joni Doherty accommodating common ground and disagreements. And that it is said that in her work, which often involves community possible to do so. conversations about difficult issues, it’s crucial for people not to I also left with the suggestion that polarization is not bad. It argue but to listen – and how grateful participants often are to be makes me think about Bernie Mayer’s discussion of impasse – that heard. Such discussions, she said, don’t often make for great news – impasse is not a bad thing; it’s giving us a message that something the conversations take a lot of time, and the topics may not be catchy important is not being recognized, that people are not ready to ones. Mari Fitzduff, who teaches at Brandeis, described her work in move on, and that we need to pay attention. Northern Ireland and how one important role for a neutral is to help Perhaps we need to think of polarization in the same way. I was leaders “manage” their constituencies, to give leaders of disputing reminded that just because people feel 180 degrees differently from sides language and positions they can take back to the people who the way I do, I need to respect them and their opinions and try and support them. And Susan Podziba, who has focused on disputes as understand them – so hard to do in this political season, but different as worker safety involving construction cranes and the important to remember. violence surrounding abortion clinics, talked about how helpful it was for parties in those disputes to be motivated to change because I left feeling more optimistic and energized and will have to find a the current situation was dangerous. Secret discussions about how way to hold onto the feeling. to reduce the violence surrounding the abortion debate, she said, Ruthy Kohorn Rosenberg, a past president and current board were anchored by an agreement that neither side, those who member of NE-ACR, is faculty ombudsperson passionately opposed abortion and those who strongly supported at Brown University. choice, would try to persuade the other. She talked about language,

Published quarterly Page 4 NEW ENGLAND CHAPTER OF THE ASSOCIATION FOR CONFLICT RESOLUTION Guiding a group that has deep disagreements Continued from page 1 after they worked with labor and government to build technically magnetic charges — stay together in the nucleus of an atom. The feasible, cost-effective rules. And I’ve seen citizens from diverse answer, Dr. Lightman explained, is that when brought close enough sectors of a failed city draw up a new charter for effective self- together, a different type of force, a nuclear force, overcomes the governance. magnetic forces that would pull it apart. Importantly, the protons I wrote this book to share these experiences with future and current retain their positive magnetic charges while bound by the nuclear public policy mediators and to improve our methods. I want future force and, therefore, the potential to forcefully repel and break apart. mediators to understand just how powerful the tool of mediation can This seemed to be a workable metaphor for understanding not only be and to strive to achieve its potential. For those of us who have what happened during the abortion talks but for explaining what already experienced the extraordinary unifying power of policy happens during public policy mediation processes. After a few more mediation, I hope to provide a way of reflecting back on those years of thought, I named this metaphor civic fusion. processes so that we can reproduce the best of what we do with This book is my effort to describe the civic fusion theory of public greater frequency. policy mediation. I’ll look at what mediators aspire to do, and what A complementary purpose of this book is to make people aware we actually do, to bring together that there are alternative ways to face disparate groups of people to reach our political conflicts. Political agreements on complicated public policy disagreements are fundamental to questions. representative democracies. Professional mediators bring to the Democratic governing systems table negotiation and mediation skills provide mechanisms to contain policy and passion for public policy and its conflict through debate and dynamics. But how do we guide a group deliberation as citizens and leaders that represents hundreds, thousands, and strive to reflect the interests and values sometimes millions of people, who have of ever-changing societies. Today deep disagreements about what should many US citizens are concerned about be done, who can’t solve the problem the polarization and political gridlock without working together, and are that allow for festering disputes and frustratingly stuck in place? stagnation. Bumper sticker The field of public policy mediation began as an offshoot of urban sloganeering may simplify issues and express support for particular planning in the 1970s, when the Kettering Foundation funded an political positions, but it may also contribute to the polarization that experiment called the Negotiated Investment Strategy. As part of makes it harder to solve complex problems. the NIS project, federal, state, and local officials, with assistance It turns out you don’t find the devil in the details of policy conflict. from mediators, developed plans to increase the impact of You find constraints and difficult choices that require civic community development blocks grants.,(Carl M. Moore, responsibility. If people are willing to fuse their ideas while “Negotiated Investment Strategy” National Civic Review July maintaining their beliefs and values, you may also find consensus 1988.) .” strategies for addressing complicated issues. Since then the use of public policy mediation has expanded at both This is reprinted with permission from Civic Fusion: Mediating Polarized Public Disputes available for purchase from: http://apps.americanbar.org/ the federal and state levels and has since been applied in almost every abastore/index.cfm?pid=5100022§ion=main&fm=Product.AddToCart policy area. (Lawrence E. Susskind and Sarah McKearnan, “The 2012© Susan L. Podziba. All rights reserved. Evolution of Public Policy Resolution,” Journal of Architecture and This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic Planning Research, 1999.) State and federal agencies and institutions database or retrieval system without the express written consent of the currently exist to educate and support government officials on its use. American Bar Association. Practitioners are organized in nonprofit and for-profit organizations, Susan L. Podziba, who was president of NE-ACR when it was and as solo practitioners. In courses around the world, public policy a chapter of SPIDR, is a public policy mediator and principal mediation cases are used to teach complex negotiations and of Podziba Policy Mediation, which creates and conducts mediation. In books and articles, academics and practitioners processes that enable government to engage with theorize, describe, debate, and analyze past and potential stakeholders to resolve complex public policy questions and conflicts. applications of public policy mediation. Over the course of 25 years of mediation practice, I’ve seen unlikely SAVE THE DATE partners solve complex, public problems together. I’ve sat with pro- life and pro-choice leaders, who were unified against violence June 14-15, 2013 committed in the name of one and meted out against the other, act NE-ACR’s regional conference together to protect born life. I’ve seen leaders of the construction Sturbridge Conference Center, Sturbridge, MA crane industry demand federal regulations to protect their workers,

Published quarterly Page 5 NEW ENGLAND CHAPTER OF THE ASSOCIATION FOR CONFLICT RESOLUTION Remembering Don Dickey, our colleague and friend Don lost his battle with depression in early May. Elected to NE-ACR’s board in April 2009, Don took over as treasurer soon after, bringing order and oversight to the chapter’s finances and great energy to the chapter. We miss him, and we keep him, his family, and his friends in our thoughts.

Graduates of the Masters in Mediation and Applied Conflict Studies Program at Don wasn’t a showy person, and when Woodbury College (now Woodbury Institute) we attended an ACR convention, I was have an idiosyncratic understanding of the amazed at the ease he had "working a term “cohort”: as in the old Roman army, at room" and networking. He seemed to Woodbury it is a “batch” of students who give each person attention all the while travel together through this hybrid graduate having the fluidity to move from event to program, spending whole weeks or long event and not only interact with people weekends together on campus several times a but focus on the topics at hand. year and navigating the unfamiliar and Don and I shared the love of animals and challenging territory of online classwork in swapped stories about dogs and the between residencies. companionship they bring. He was Don and I both went through the Woodbury always tender, open-minded, program, but because he started a year after I enthusiastic about learning and sharing. did, we were not in the same cohort. When I I miss him. got to know him as a board member of NE- -- Georgia Barwick, mediator and ACR, as a cohort of a different kind, I was facilitator, 2009 Woodbury graduate very sorry that we hadn’t been cohort cohorts at Woodbury. Don was a rare soul. He brought a keen mind and a big heart to everything he did. His brand of deep thinking and diligence were an asset Don epitomized for me the idea of a to anyone who joined him in the good work of “gentle” man. Not a limelight-seeker, he helping people struggling with conflict. Our worked quietly and effectively for a parallel paths at Woodbury and intersecting cause he felt strongly about. We shared paths on the NE-ACR board showed me that a deep sense of frustration for the lack of Don was one of those people who was a Don had qualities that made him an asset to NE- response to ADR in healthcare and valued cohort to any cohort lucky enough ACR and a pleasure to know: he was reliable, exchanged battle stories whenever we to have him. diligent, patient, and most of all, kind. could. -- Nan Starr, mediator, NE-ACR board -- Jane Beddall, mediator & NE-ACR president -- Ros Cresswell, mediator and NE-ACR member and 2008 Woodbury graduate board member

Don was both a student of mine and, later, a colleague and friend. Like many, I remember Don for his gentle spirit and his way of seeing others around him through soft eyes. He really did hold the world and all of its struggles in compassionate regard. And here's another thing I came to understand about Don: He had a passion for seeing things whole. He found nearly irresistible the challenge of wading into a difficult issue and understanding it in all its complexity. I think he had a kind of genius for this, but I also believe that it was a costly endeavor. When wrestling to make sense of a difficult issue, you had a notion that for Don the undertaking was as exasperating and exhausting as it was compelling. Once he began one of these journeys, it laid claim to his imagination in a relentless sort of way, for his desire was not merely to map the complexity of an issue like healthcare coverage or mediator certification but to make the red thread of clarity that emerged from his wrestling easy to grasp for those of us who later learned from him. This was a powerful thing to witness, and the few times I saw it in action, I was humbled by both his gifts and the gritty determination he brought to the effort. -- David Specht, mediator & faculty for the Woodbury Institute Mediation Program at Champlain College Published quarterly Page 6