A VIRTUAL CONFERENCE STILL BRINGS US THE HEART

A reflection on the National Mediation Conference 2021 by Elizabeth Rosa

This year the National Mediation Conference (NMC) was recently held in Alice Springs, but delegates could only attend virtually as dictated by the Covid-19 restrictions in many states. It was intended that the conference explore the practice of mediation, in particular the dispute resolution work of Indigenous communities in this area, the Red Centre – the heart of the land we call Australia. There is something about the fact that the conference still went ahead, through a virtual platform, that could be regarded as a metaphor for our profession and the work that we do.

There had been many hopes both on the part of the NMC organisers and the delegates; many travel plans and many preparations for presentations. There were the hopes of the Indigenous peace-makers, and other Alice Springs mediators, that their distant Australian colleagues would be amongst them for a few days and would learn of the work that they do. The health emergency interrupted these plans. The organisers and hosts of the conference included Traditional Owners and Elders of the land of the Arrernte people around Alice Springs (Mparntwe). Indeed, the conference was held at the invitation of the Elders. The organisers and Elders were looking forward to welcoming the delegates, and the delegates were no doubt disappointed at the missed opportunity for the connection that they had hoped for, as well as the experience of being in Alice Springs, close to the heart of the land and its Indigenous population.

As mediators, we deal with loss. We deal with certain expectations that the mediation participants have had, for example, for a good marriage or even a good workplace relationship. But those expectations have not been met and the mediator works to understand how the parties feel about this and their capacity to propose options to create a new reality.

In their work, the mediator delves into the participants’ experience of the change that has occurred. The mediator works with heart to listen empathetically to the participants, to try to connect with them in order to understand their wants, needs and fears. Listening with heart could also be called listening with ‘the spirit’, as Susan Hamilton-Green, a family mediator from Melbourne, discussed in her talk on Motivational Interviewing. Susan looked at how listening this way can help a participant explore what it is that they want and how they can overcome the barriers to achieving this.

The organisers of the conference no doubt considered what their hopes for the event were and what those of the delegates would have been. And for them, there was the question: ‘How to accept that the opportunity of a face-to-face conference has been lost and how can the needs of the delegates be met in a different way?’

What were the needs of the delegates? I venture to guess, that for many, the need was to learn further skills to reinforce their existing practice; to hear about new and diverse ways of approaching their work; to learn about areas of dispute resolution different from their own; to be informed of peace-keeping approaches used by mediators in the Indigenous communities and First Nation Peoples around Alice Springs, and to hear of stories of the lives of the Elders and co-hosts. In addition, a conference gives the opportunity to connect with colleagues – catching up with familiar acquaintances and meeting new ones, perhaps through casual chit-chat. There is always the desire for connection and the feeling that this brings, of being part of something bigger than oneself, a professional community.

And so, the organisers would have considered these needs and the question of whether they could be met in another way. And so, the virtual conference was born. The planned-for talking circles of the conference hosts and Elders took place virtually. The speakers’ presentations were pre-recorded, and although the ‘live’ feel wasn’t there, there was the opportunity to ask questions of the speakers through chat. There were also opportunities at the conference for people to catch up through virtual break-out rooms during breaks, even at dinner-time one evening!

An ingenious touch for those of us missing the reality of actually being in Alice Springs was live-streaming of footage of the town and the country around it during the opening event. It was wonderful to see three of the Elders and co-hosts sitting in the view of the MacDonnell ranges: Harold Furber, Maureen Abbott, Dr Patricia Miller AO, Kumali Riley and Helen Bishop. (Other co-hosts not present on the occasion were Veronica Perrule Dobson AM and Marlene Rubuntja.) They spoke in a semi-circle, near a clutch of trees over dry land, gently introducing us to the land. As they spoke, the rays of the setting sun shone in golden streams over them. I felt almost as though I were there.

Maureen Abbott was the Co-Chair of the Design Committee. She created the painting that is used for the logo of the conference. Maureen has conducted dispute resolution in a variety of contexts and is an expert in Indigenous conflict management. She has also conducted mediation training for Indigenous communities across the Northern Territory and the APY Lands in South Australia. Helen Bishop is a PhD candidate in Conflict Resolution and Indigenous perspectives. She works in dispute resolution with First Nation communities across the Northern Territory. She believes that alternate dispute resolution practices and peace-building opportunities should be used to support community-led solutions.

On the Thursday morning, we were treated to another live-stream from the ground for a conference welcome: children from Yipirinya school cooking kangaroo tail over an outdoor fire and later singing to us from their school hall.

I had imagined being present at the talking circles at Alice Springs and sitting in the presence of the Elders. It was different to see them on screen and yet they took to the live format generously, sharing their stories with humility about what they had suffered. I felt that I was present with them in the room and was honoured to have the opportunity to hear of their life experiences.

I embraced conducting my presentation by Zoom rather than face-to-face. I interviewed Katelyn Betti, a family mediator, about what workplace mediators can learn from the practice of Family Dispute Resolution. We discussed the techniques that Family Mediators use to enhance emotional safety and constructive dialogue. We explored Katelyn’s particular perspectives on this, plus my own reflections on how these perspectives could help in the workplace context. I was glad that Zoom gave me an opportunity to speak with Katelyn in the west coast of Australia in Perth, from my place in the east coast, in Sydney.

In the virtual break-out rooms that I attended during the breaks, the delegates saw each other through cyber-space squares, like virtual window panes. We sought to connect with each other and yet there was the distance through the virtual platform. But we persevered and I found that I got to know new people, particularly when they coincidentally appeared at another ‘meal break.’

Again, the conversations through the breakout rooms was a metaphor for the mediator’s desire for connection with participants. With all participants in mediation, there are barriers: their own world view coloured by their disappointments, their emotions, their need for control. In all of life, in fact, there are barriers to connecting with others because of our own perceptions, erroneous assumptions, lack of time due to busy lives and other commitments. Even partners who live together can struggle to really know each other. But mediators strive with purpose to connect with participants in mediations and to know and understand them during the time that they work with them. Mediators are a breed who enjoy getting to know and understand others. And so, at the conference, it was palpable how much the delegates wished to connect, striving with purpose in the digital format to learn more about their colleagues.

In the final event, the wrap-up by NMC Chair, Professor Laurence Boulle AM and Co-Chair of the Design Committee, Alysoun Boyle, we heard of the hopes and the challenges to bring the conference to fruition. Alysoun, from her own locked-down location, spoke with gratitude and emotion of how the Elders, who hosted all of us, had helped her and taught her during her time of preparations. And she spoke of how she had got to know Maureen Abbott and Helen Bishop, and how they had so generously guided her through the process of putting together the conference program.

We would have all been disappointed to have missed the opportunity to meet the co-hosts, to be on their country, the land of the Arrernte peoples, and to be in the heart of the land. We would have been sad to miss being present on the ground at the talking circles to hear the Elders and co-hosts speak of their experiences in their country and the losses and pain of the stolen generation. We may have had the opportunity to even sit in the circle with them or a chance to speak to them, to learn even more about their lives and their hopes for their communities and the peace-making work that they do. We would have wondered how we would have felt if we had been there, present with the Elders. To be in their country. To be on the red earth under a cloudless sky. How connected would we have felt; what emotions would have been conjured up? What would we take away with us?

But hearing the emotion with which Alysoun spoke of her work with the co-hosts and the connection that she developed, made us feel like we were there. Alysoun and the co-hosts brought the heart of the land straight into our homes through our computer screens.

17 September 2021

Elizabeth Rosa is a Nationally Accredited Mediator, Workshop Facilitator and the Founder of Resolve at Work.

Great Expectations

I acknowledge the Dispossession.  I respect the essential continuing living relationship between all First Nations Peoples and the Land, the Water, and the Oceans, and I respect their cultural practices.  I respect the traditional relationships of the Ngarigo Nation, on whose Country I am living.

Earlier this month, this year’s biennial National Mediation Conference came and went.  A 100% virtual event, we kept our word by ensuring it was still convened on traditional land in Central Australia: the whole conference was broadcast from the Desert Knowledge Precinct which is on traditional land just south of Mparntwe (Alice Springs).  NMC2021 Mparntwe was hosted by six Elders from Central Australia, all of whom also helped design the conference: Maureen Abbott (Co-Chair, Conference Design Committee); Harold Furber (Elder-in-Residence, Desert Knowledge Precinct); Dr Pat Miller AO; Marlene Rubuntja; Kumali Riley; and Veronica Dobson.  The Conference Design Committee also included Helen Bishop, an Elder and Traditional Custodian from the Top End of the NT.  NMC2021 was designed to be an immersive experience, showcasing First Nations’ approaches to conflict and to its management, including peace-making and peace-building.  Delegates learnt that it is possible for even an online event to be an engaging and immersive experience.

Presentations from all round Australia and the world were a mix of pre-recorded sessions and live Zoom Meetings, demonstrating that so much interesting work can be packed into online sessions.  A particular highlight was the daily Talking Circles, led by the hosting Elders, during which they provided insights to the cultural foundations that underpin the work of First Nations Peace-builders.  These were so popular that there have been requests that they be retained in future NMCs as a forum for giving voice to First Nations people.

On the morning of the third day of NMC2021, a Zoom Meeting was convened to discuss the complex Indigenous issues raised within the conference, including the lack of suitable professional recognition and support for the work being done by First Nations practitioners.  A key outcome of that meeting was the recognition that these issues are not limited to the NT context, nor are they newly arrived, and any future activities should consider and build on what has already been done. 

Although Maureen Abbott attended the meeting, and spoke, Helen Bishop could not.  Instead, Helen prepared a written statement that was read to the meeting – and it was agreed that the Statement should be made more widely available.  The Statement has been signed by Helen Bishop, Maureen Abbott, Harold Thurber, and Pat Miller.  The Board of NMC Ltd is taking responsibility for overseeing appropriate distribution of the Written Statement, and Bianca Keys (Chair, MSB) is tabling the Statement for consideration by the MSB.

Other steps are also being pursued, including the establishment of twin “hubs” for First Nations practitioners in Central Australia and in the Top End; the development of support and training options appropriate to the culture and language of those practitioners; exploration of communications platforms that are suitable for remote communities; and options for establishing an Interest Group on Indigenous Peace-building Practices. 

In May this year, NMC Ltd became a public and registered supporter of the Uluru Statement from the Heart, and the Board of NMC Ltd is preparing an amendment to its own constitution which, in recognition of its own need for greater diversity, will require that the Board include at least one First Nations member.

Helen Bishop has asked that the Statement be made available to members of the ADR Research Network:

Twilight Webinar: Mediation Ethics: From Theory to Practice

Mediation Ethics: From Theory to Practice

Online Panel Discussion with

Professor Nadja Alexander, Assistant Professor Dorcas Quek Anderson and Professor Lisa Toohey

Tuesday 12 October 2021
5:00pm – 6:00pm

Register here to attend on Zoom.

Everyone is welcome.

In this Twilight Webinar, a panel of three international experts will discuss Rachael Field and Jonathan Crowe’s recent book, Mediation Ethics: From Theory to Practice (Edward Elgar, 2020).

Traditional views of mediation ethics focus on mediator neutrality or impartiality. However, Field and Crowe contend these notions are unhelpful and unrealistic when applied to mediation practice. Instead, they propose a new ethical paradigm centred on party self-determination.

The panel will reflect critically on Field and Crowe’s book and discuss the implications of their new paradigm for the future of dispute resolution.