| Frames of reference Christopher Honeyman
This article was originally published in the Summer,
1998 issue of Mediation Quarterly, and is the "anchor" paper for a special issue
on the relationship between theory and practice.
"You see, in this world, there is one awful thing, and that is that everyone
has his reasons." Jean Renoir
Does it matter if researchers and practitioners of dispute resolution talk past each
other?
Readers who pay up for a subscription to this or another specialized journal might be
expected to answer "of course!" And I have been privileged to overhear some
scathing commentary among committed academics who feel that one scholarly colleague or
another is ignoring the real world. I have also been privy to many conversations among
practitioners concerned about a certain lack of intellectual integrity in some practice
models.
But the customary practices of researchers, and the dominant ideas of practitioners,
imply that the depth of mutual desire for a better cross-fertilization is neither all that
deep nor all that broadly shared. Many practitioners of conflict resolution dismiss the
contributions of theorists and researchers almost reflexivelyparticularly ideas
which challenge their own opinions or methods. And research designs, not to speak of the
language of the reports, often seem, to practitioners and policy-makers, indifferent to
what they need to know.
So we have, on the one hand, a great deal of new information which practitioners seldom
read, and on the other a great deal of practical experience which scholars fail to draw
from effectively.
The "quality" issue provides a good example of how these processes operate in
tandem to frustrate developments whichin theorymost people want. Most
mediation programs contain within them some variation in quality of performance; often, a
rather wide variation. (See f.i. Honeyman, 1988.) But a typical program director
doesnt have available a generally accepted, economical set of tools for ensuring
quality. And there are now plenty of texts written by people whose perspective is
minimally demanding of talent on the part of the mediator. Without such a toolset, to
engage in a serious internal effort to upgrade quality of mediation invites an internal
battle over "what is the mediator supposed to do?" as well as objections
concerning the time and resources to be consumed in an effort that is suspected to be
futile if not divisive. Am I the only one to draw the conclusion that we have seen far
more talk about quality than action largely because academics (who claim to be rigorous)
havent pressed to get access to the sensitive data involved, while practitioners
(who claim to be acting in the interests of parties)
havent asked for that rigor to be applied to them? Even in such
distinguished efforts as the 1996 RAND report on the results of dispute resolution
programs in the federal courts (Kakalik et al, 1996) conclusions reached about mediation
in the aggregate thus prevail over the elusive but enlightening particular.
I dont intend to belabor the "quality" issue; it serves here merely as
a familiar proxy for a whole range of other subject matter that has not yet been addressed
effectively because of the difficulties of getting functional scholar/practitioner
partnerships going.
An effort at mutual understanding
This issue of Mediation Quarterly represents a deliberate juxtaposition of
researchers and practitioners thinking. The present occasion lends itself
unusually well to a discussion of some attitudes which turn out to be sharply
different between people inclined toward practice and those more drawn to scholarship. I
now believe, for example, that the difficulties of the theory/practice relationship are
due, as much as anything else, to a difference in what typical scholars and practitioners
see as the "origin of wisdom." But since I am myself a practitioner, I cannot
hope to prove this assertion; I write here merely as an essayist, and leave the reader to
judge for yourself whether this "makes sense" (if youre a practitioner) or
"fits with the known data" (if youre a researcher.)
A revelation of character
Even a cursory review of the papers which make up this special issue suggests that people
do not make a choice between a scholarly and a practical career lightly. This goes back to
first principles: For highly talented people, who have more options than most (and who
are, in this field, almost by definition not greedy) that choice is likely to have a lot
to do with what kind of work they think is important, and answers both a personal and a
societal need.
Of course, there isnt a perfect dichotomy between academics and practitioners, in
this special issue or anywhere else. Those represented here actually cover a spectrum,
from solo practitioner (e.g. Coates) through program manager (e.g. Smith) and
administrator of a large system (Press), to people who are as close to pure scholarship as
is likely to be found in this field. But as first the scholarly papers and then the
commentaries came in, I was struck by the consistency with which one might identify where
the writer fit on the scholar-practitioner spectrum by the way he or she addressed the
issuesand in the case of the commentators, by which, of a variety of issues
raised by each paper, drew her interest.
The frames of reference of the commentators are instructively different. For example
Christine Coates, a solo practitioner, has strong national/institutional
affiliationsyet it is clear she writes as an individual, with individual concerns
and with a strong connection to her experience base. Sharon Press, by contrast, who
administers the largest dispute resolution system in any jurisdiction I am aware of, takes
a much more birds-eye view. Coates uses as the grounding of her comments her personal
experience with cases, even though she has held significant responsibility in the
Association of Family and Conciliation Courts and other organizations; Press speaks in
terms of policy and aggregate case handling, even though she is an able mediator as an
individual. The other papers here also show, beyond their separate subject matter, how
someone who knows more about the subject than most chooses how to react, what to react to
and what to ignore, based on criteria that relate as much to who she is professionally as
to any abstract conception of "logic." Our daily frames of reference follow us
on to the printed page.
In many social and political settings, the extremes are thinly populated, and its
the shifts at the center that make the difference. But here, its the contrast at the
extremes that matters; the middle ground, though strongly represented in this special
issue, is atypical of working professionals both in practice settings and in the academy.
Admittedly, many practitioners teach part-time, and many more earn part of their living as
trainers. But from my (undisciplined) observation, though those courses have their
strengths, a visible relationship between to the best in new scholarship isnt
normally one of them. At the same time, the number of academics who regard themselves as
practitioners is much larger than the number among them who are regarded as effective
practitioners by practitioners. In both instances, most of those concerned seem to
carry the precepts of their main occupation with them in their forays "across the
boundary." Those who truly amalgamate lessons from both domains into their daily work
are much rarer.
Quite apart from their merits as individual workswhich I think are
considerablereading these papers and commentaries has provided an important clue to
the puzzle that faces the Theory to Practice project. If typical scholars see
"truth" as deriving from careful comparison of many pieces of data, whether
collected personally or not, typical practitioners are unlikely to interest them much as
sources of wisdom; what the practitioner has to offer is direct and singular experience,
and that, in the lexicon of the scholar, seems to make you a "subject," not a
partner.
By the same token, if the practitioners definition of "truth" is
derived primarily from personal action and direct observation, and wisdom constitutes the
aggregate of a long series of such truths, the academics whole structure of
wisdomderived, as it must be, at best from observation but mostly from other
meansis inherently likely to be seen as pallid and unpersuasive. To
me-as-practitioner, in other words, my own accumulated cases (though the messages I draw
from them may conflict) are seen as a 100% reliable source of knowledge and
inspirationbecause I was there. My closest colleagues anecdotal reports
of their cases, meanwhile, are hearsay.... Even if I am relatively open to their
experiences, and am willing to give them as much as a 40% "validity rating"
(many mediator-mentors would say that those apprenticed to them seemed willing to accept
far less), beyond those close colleagues the inverse square rule is likely to apply. Truly
secondary sources, such as articles in this (practitioner-oriented) journal, are yet
further removed from this concept of "truth." By this reckoning, the typical
academic study must cross a something of a psychological galaxy to make an impression. At
such distance, no wonder few academic stars shine all that brightly to our typical
practitioner colleagues.
Getting past "Why bother?"
I dont propose for a minute to ignore the career and economic disincentives to
effective academic/practitioner collaboration, as noted above (Honeyman, 1998.) But the
focus right now is on the psychological disincentives. These, at least, could
potentially be addressed by making better use of atypical individuals or of atypical
situations. That is what we have tried to do in this special issue.
The process of discussion which led to this issue may therefore be worth noting. It
started with something of an accident; perhaps, for real practitioner/scholar
collaboration to occur, it will be essential for all involved to be open to such
serendipity and see value in it. Let me "paint the scene" a bit.
A pub, in Glasgow, the summer of 1996. A group of academics, and I, are having a quick
one following two back to back presentations at the Law & Society Association
conference there. All of those present had given presentations or papers on mediation,
most of them papers summarizing ethnographic or linguistic studies. One scholar
askswould the assembled group be interested in combining forces for purposes of a
book, or maybe a special issue of a journal? They would. Turns are taken around the room
as each person is invited to describe what his or her chapter might look like. Eventually
it gets to me. But Im a practitioner; I do not perform ethnographic or linguistic
studies, and my paper had been on an unrelated matter. Yet the opportunity seems ripe to
raise another issue of personal concernthe relationship between practitioners,
researchers and theorists of dispute resolution, and what might be done to improve it.
Presently, we come to an agreement that incorporates a wrap-up paper in the series, on the
general theme of "So who cares about ethnographic and linguistic studies of
mediation, anyway?"
Many discussions later, this special issue is the result of that incident. As it has
turned out, it was providential that the original papers were on a wide range of subjects
and that they were produced by a grab-bag of scholars from different fields, different
countries and different strains of experience. Luck, again, resulted in the addition of
one paper produced by a group of practitioners, at Mediation Center in Minneapolis:
Ethnographic studies produced by practitioners in mediation are few and far between, and
this one I believe to be significant. And luck once more: The casual last-minute addition
of Nancy Welsh to a "let's get this done" discussion between Robert Dingwall,
Michael Lang and me, in Pittsburgh a year later, led to Nancy's idea to get a practitioner
to comment on each academic piece, and to get an academic to comment on the one
practitioner piece. Now we had a structure that was truly something new. The scholars
involved got interested in this idea, and subsequently undertook unusual efforts to write
for a practitioner audience. Several of the papers were extensively reworked (no equations
here, not too much jargon.) Others were drastically shortened. And the volume of footnotes
is down.
But still, to return to my thesis, the scholars share a perspective distinct from the
general orientation of the practitioners commenting on their work. That perspective
Ill call "detached analysis." Ive noted above how the scholars
typical focus differs from that of the typical commentator in this issue. But the
difference in perspective is also quite apparent if you compare the
DingwallGreatbatchRuggierone paper, or the
LongFabriciusMushenoPalumbo contribution, with the approach and visible
concerns of WelshLewis. Mediation Center, a practitioner group, has to think about
the practical implications for its business of the discoveries they have made concerning
preferred conflict resolution styles in the three ethnically diverse communities they
studied. For a practitioner group to produce such a paper at all is highly unusual; for
one to take such a degree of detachment that it can afford to defer worrying about where
the chips land is impossible. They cannot simply study and report what is; they
must therefore also ask what it means for mediators and ADR programs. A direct series of
consequences in case management, party contacts, mediator selection and training, and
marketing are too obviously at stake. This remains true despite the high level of
intellectual integrity which I find in their workevidenced, more than anything, by
the palpably uncomfortable conclusions they reach. Thus, although the Mediation Center
paper points out some problems in the standard lore of mediation, their programmatic
responsibilities lead the authors to be quick to propose alternatives.
How rare must it be?
This issue of MQ stands for something else, too: It unfortunately demonstrates just how
much work it is to create a product requiring collaboration among disparate kinds of
people. Two years have elapsed since the idea of some kind of joint publication of these
papers was first broached. The process was far from smooth going. Those involved think (I
think) that the effort was worth it. And perhaps the necessary level of effort could be
somewhat reduced with experience. Yet its unlikely that so complex a structure can
ever be produced as easily as an unrelated group of papers that do not require extensive
coordination.
"Coordination," in fact, seems to be the operative word for any effort that
draws together academics and practitionersbecause, for the reasons discussed, it
seems to be psychologically unnatural to most members of either group to make the effort
at working with the other without such labors. That, of course, raises the question of
whether there exists anybody to whom it is professionally natural to work in that
breach, and to help to narrow it.
A manifesto for the bridge people
I believe there is, in fact, a small population of professionalssome employed in
academia, some notwho see this kind of work as close to their professional core. One
reason why I believe that is that I keep running into them; in fact, the initial design
for the Researchers Guide to Dispute Resolution Practitioners, a directory of
78 expert practitioners who have committed to responding fast to requests for advice from
scholars, seemed incomplete until a section was added explicitly consisting of
"bridge" people.
They have been, in my view, a long-suffering and under-appreciated group. Perhaps this
is partly because their orientation seems fey to many full-time practitioners, and
unscientific to many full-time researchers; neither fish nor fowl, their reputations grow
among a small group of cognoscenti even as their sources of financing, their scope of
work, and sometimes their careers suffer from the incomprehension of their immediate
colleagues.
In dispute resolution, as in older fields, we have encouraged the creation of a whole
slew of institutions, structures and methods that implicitly value the contributions of
scholars and practitioners quite separately, and thus devalue the efforts of those who try
to work across both domains. I submit that its time to analyze those structures and
address ways in which, by frustrating the ability of the "bridge" people to
function at their best, they defeat our fundamental purposes. I hope that the series of
papers presented here will be seen beyond the papers individual merits as an
unexpected fusion, showing researchers and practitioners perspectives in a
larger sense, and challenging each group to perceive more and to be more open to the
potential contributions of the other. Our field does not have resources to waste; perhaps
this series can strike a few sparks for others so that they, in turn, will think of more
occasions for developing scholar-practitioner working relationships, more comprehensive
ways of examining and improving their own researches and practices, and more opportunities
to get better use out of their "opposite numbers."
REFERENCES
Coates, C. (1998). Commentary on Dingwall et al. Mediation Quarterly, Vol. 15,
No. 4.
Dingwall, R., Greatbatch, D., and Ruggierone, L. "Divorce mediation: Micro-studies
and macro-issues." Mediation Quarterly, Vol. 15, No. 4.
Herrman, M., Gale, J., Hollett, N., Goettler, D., Kogan, S., Fogarty, K., and Dismuke,
K. (1998). "Interim report of the mediator skills project: Assessing and
supporting effective mediation." State Justice Institute.
Honeyman, C. (1998). "Not good for your career." Negotiation Journal
14: 13-18.
Honeyman, C. (1997B). A researchers guide to dispute resolution practitioners.
Dispute Resolution Institute of Hamline University School of Law, and Mediation Center
(Minneapolis).
Honeyman, C. (1997A). "Theory v. practice in dispute resolution." Alternatives
to the High Cost of Litigation, July-August 1997.
Honeyman, C. (1995). "Two out of three." Negotiation Journal 11: 5-10.
Honeyman, C. (1988). "Five elements of mediation." Negotiation Journal
4: 149-158.
Kakalik, J. S., Dunworth, T., Hill, L. A., McCaffrey, D., Oshiro, M., Pace, N. M., and
Vaiana, M. E. (1996). Just, Speedy, and Inexpensive? An Evaluation of Judicial Case
Management Under the Civil Justice Reform Act. Institute for Civil Justice, RAND Corp.
Press, S. (1998). Commentary on "The name of the game is movement: concession
seeking in judicial mediation of large money damage cases," by Stacy Burns. Mediation
Quarterly, Vol. 15, No. 4.
Test Design Project (1995). Performance-based assessment: a Methodology, for use in
selecting, training and evaluating mediators. Washington, DC: National Institute for
Dispute Resolution.
Welsh, N. and Lewis, D. "Adaptations to the civil mediation model: Suggestions
from research into the approaches to conflict resolution used in the Twin Cities
Cambodian community." Mediation Quarterly, Vol. 15, No. 4.
NOTES
- We have moved some small way toward that goal as a result of efforts by
SPIDRs Commission on Qualifications, the Academy of Family Mediators
Certification Committee, the Test Design Project and others; but we are still a long way
from universality, economy and reliability alike.
- It is not an accident that the University of Georgias Mediator
Skills Project. (Herrman, M., Gale, J. et al, 1998), the major effort currently under
way to improve on the work of the Test Design Projects Methodology (1995) and
earlier efforts in quality control, has required an elaborately constructed partnership
between academics and practitioners.
- This issues construction is influenced by a project named
"Theory to Practice," of which I am principal investigator. The project has been
funded by the Hewlett Foundation to look into the researcher/practitioner relationship
throughout this field and to begin a process of improvement. I will not repeat here the
general description of the projects beginnings and directions; please see Honeyman,
1997A. Nor will I discuss the economic and career motivations which significantly impede
efforts by both scholars and practitioners to make better use of each others
knowledge; for that discussion, please see Honeyman, 1998.
- Since "Adaptations To the Civil Mediation Model" originated
from a practitioner program, its worth noting that in this case, the character of
those involved is entirely consistent with my thesis. Mediation Center not only hired
Debra Lewis, a PhD-trained sociologist, for the express purpose of conducting much of the
work which led to that paper, it has since then become closely affiliated with an academic
institution (Hamline University Law School.) To top the argument off, the papers
other author, Nancy Welsh, after ten years of running Mediation Center accepted employment
beginning in 1998-99 as a full-time professor (at Pennsylvania State University/Dickinson
School of Law.)
- The Researchers Guide (Honeyman, 1997B) was produced for the
"Theory to Practice" project. It is published by the Dispute Resolution
Institute, Hamline University School of Law, and is available to qualified researchers for
the cost of printing and mailing.
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