January ADR Tip of the Month
These practice tips are drawn from the MSBA ADR Section's January 12, 2016, CLE: "Improve your ADR and Law Practices by Increasing your Cultural Awareness: Native American Mediations," by Frank Bibeau, Action Title Inc.
Marilyn S. McKnight, Erickson Mediation Institute, Stephen K. Erickson, Erickson Mediation Institute, and Moderator James McGill, McGill Law Office & Mediation Center
· When working with Native American participants in a mediation or negotiation type setting, it can be helpful to:
o Welcome opening prayers or ceremony
o Respect everyone with “unconditional positive regard”
o Be humble and listen to what is said and what is not said
o Listen to the needs, ideas and wishes
o Clarify as needed, but do not question
o Be interested and curious, and humbly offer ideas
· When working with Native American participants in a mediation or negotiation type setting, it can be beneficial to incorporate traditional Native American values when drafting settlement agreements.
· When assisting Native American clients in resolving conflict, the teachings of The Seven Grandfathers; Wisdom, Love, Respect, Bravery, Honesty, and Humility, can be influential in drafting durable agreements.
Compiled by Linda Mealey-Lohmann, Past Chair MSBA ADR Section