The Spiritual Side of ADR



Spiritual Intelligence in Conflict: Creating A Reflective Holistic Practice

RESOURCES

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The Spiritual Side of ADR

Ripley’s Believe It Or Not! In the most recent issue of the Dispute Resolution Magazine (Spring 2004), published by the American Bar Association (ABA) Section of Dispute Resolution, the above phrase appeared on the front cover. This is a first; an historic event! The ABA now joins the Association for Conflict Resolution (ACR) which established a Spiritual Subcommittee just a few years ago. I do not know about you, but I find the articles contained in this Issue, and the use of the word “Spiritual” on the cover of this magazine to be A-S-T-O-U-N-D-I-N-G! I also find this event comforting, and it provides me with a profound sense of peace.

I realize the word “spiritual” can make some people uncomfortable. People sometimes confuse the words “religion” and “spirituality”. Within the context of alternative dispute resolution, spiritual is intended to refer to a process which is healthful and healing. It has been estimated that approximately ninety (90%) of the population engage in prayer at some point in their lives. This indicates to me, that these people have a belief in a higher power, a power greater than themselves who may be referred to as God, Allah or Yahweh or some other name. I have made a distinction in my mind between “religion” and “spirituality”; “religion” is for people who are afraid of going to hell, and “spirituality” is for people who have been there.

Inside this Issue are five (5) articles on spirituality: 1) Peacemaking, Applying faith to dispute resolution, by R. Seth Shippee; 2) Circles of Conversations, One trial lawyer’s journey into sacred spaces, by Tom Porter; 3) Hindu DR, Developing a global program for the Hare Krishnas, by Arnold M. Zack; 4) Embracing Religion, Spiritual tools to help meet mediation challenges, by Heidi M. Tauscher; and 5) Negotiating Wisely, The third eye of decision making, by Erica Ariel Fox and Marc Gafni.

In Peacemaking, Applying faith to dispute resolution, by R. Seth Shippee, an extremely interesting overview is provided describing arbitration and mediation as offered by Christianity, Islam and Judaism. Seth Shippee concludes that, “In a time when faith seems to be a subject brought up more to spur conflict than to resolve it, it is both ironic and reassuring to read the holiest texts of these three religions and reflect on their common commands: get along with one another; compromise; work things out.”

Tom Porter in Circles of Conversations, One trial lawyer’s journey into sacred spaces presents a personal transformation from trial lawyer to mediator to restorative justice and peacemaking circles. Restorative Justice provides a healthful and healing process for the victim of crimes, offenders, and other impacted parties to come together to create solutions as a collectivity. Tom Porter observes that this is a justice that focuses, “... on harm and addressing the harm, first to victims, then to the community as a whole, and finally to the offender as well. This justice involved accountability, real accountability, where the person who created the harm was involved with the victims and the community in determining how to address the harm and make things right. This model is the circle process, which recognizes that the space within which healing and restoration takes place is a sacred space.”

The next article, Hindu DR, Developing a global program for the Hare Krishnas, by Arnold M. Zack, presents the steps taken to establish a world wide mediation program for conflicts between members, and an ombuds model for interpersonal issues arising between members and the leadership; for the International Society for Krishna Consciousness (ISKCON) or more commonly referred to as Hare Krishnas. In 2003 fifteen (15) forty hour mediation trainings had trained over 350 members across four continents. By January 1, 2004, approximately 250 mediation cases had been heard in 25 countries, reporting a settlement rate of approximately 80%; and 75 ombuds cases had been heard during the same time period. Arnold M. Zack wonders if other religious organizations, facing similar internal conflicts, will move toward the model of transparency implemented by the ISKCON.

Heidi M. Tauscher provides inspiring considerations for mediators to ponder in Embracing Religion, Spiritual tools to help meet mediation challenges. She observes, “Though traditionally ignored by mediators, religions possess a treasure of indispensable peacemaking tools and conflict-resolution strategies that can inspire openness, fairness, empathy, compassion and imagination. A survey of contributions, culled from the religious

traditions of Buddhism, Hinduism, Judaism, Christianity and Islam, are provided and plugged into the framework of four (4) stages of mediation: 1) establishing rapport, 2) fostering creativity in a cooperative atmosphere, 3) inviting receptivity, and inspiring fairness and fidelity.

Personally, the most exciting and inspiring article is presented last; Negotiating Wisely, The third eye of decision making, by Erica Ariel Fox and Marc Gafni. Initially, this article presents the benefits and limits of rationality and emotionality. An insightful quote is provided by Robert Benjamin, author of Managing the Natural Energy of Conflict, “There are limits to rationality, a point at which being rational alone is, in fact, irrational.” A third way of seeing is then unfolded, which is not about facts or feelings; spiritual traditions refer to this alternative as “big minds”, the “third eye”, “eye of the soul” or the “inner eye”. The authors emphasize that the wisdom drawn from this perspective does not require any religious affiliation or practice, and is available as a practice of discernment in which any negotiator can harness inner wisdom and bring it to bear on a decision making process.

As if the above articles were not sufficient, a sidebar illuminates a new research project at the Program on Negotiation at Harvard Law School, referred to as The Harvard Negotiation Insight Initiative (HNII). Founder and director, Erica Ariel Fox explains that the project, “...aims to explore the interface between the fields of negotiation and conflict management on the one hand and mindfulness and the great wisdom traditions on the other.” For more illumination go to: pon.harvard.edu/hnii. I keep blinking my eyes, thinking this is a dream, that the word “Spiritual” did not actually appear on the cover of an ABA publication, and these articles represent only wish fulfillment. This event is startling! Mediation training needs to incorporate a spiritual dimension beyond merely the facts, crunching numbers and being respectful of the feelings of the parties. Have you ever asked certain clients, “How is your spiritual life?” Have you ever asked your clients if they have read, Spiritual Divorce by Debra Ford? Have you ever thought about having clients receive an upper body massage for ten or fifteen minutes prior to a mediation session? Have you ever walked a labyrinth?

A thought that guides me personally and my work with others is, “The path that was previously unseen shall become visible.” Namaste (the god in me greet the god in you).

Written by Timothy J. Mordaunt

Articled copied from

Your Workplace is Already a Sacred Space

Sacred Spaces are about 'being in relationship.' Whether we're conscious of these relationships or not, every moment of every day, we are in relationship with someone and/or something:

• Source, God, the Universe:  whatever you choose to call this Higher Power

• the environment, which includes the physical space of our office, the community your office is in, your nation and the planet

• other people, including employers, employees, customers and vendors

All of these relationships are in constant play, a sort of energetic dance that you can struggle against or ignore or become a part of. Your choice. If you choose to engage in this energetic dance, you'll need energy management skills that blend spiritually-based tools with the practical aspects of being in business.

It's not enough to provide a sacred space in your workplace: a separate room for meditation or yoga or spiritual classes. Separating the sacred space from the rest of the workplace encourages a separation between your spirituality and your job. It encourages you to dis-connect from your relationship with Source once you return to your desk.The goal here is to incorporate and blend your spiritual nature into your work so you are in a constant, conscious relationship with Source.

The first step in building this constant, conscious relationship with Source is to begin regarding your workplace as a Sacred Space. In other words, your workplace is a powerful learning ground for deepening your connection to Source. Here, you can  learn new patterns of Being in connection with Source —physically, emotionally, intellectually, energetically — throughout the workday. uses our environment, purposeful movement, body and emotional awareness to support the learning of these new patterns.

The purpose of Sacred Space is to re-pattern our

• Physical and emotional sense of “safety”

• Emotional and intellectual sense of “connection”

• Intellectual and energetic sense of “allowing”

We all have patterns of safety, connection and allowing that have been conditioned into us – consciously or unconsciously. Some of these patterns disconnect us from being in the present moment, such as binge eating, zoning out in front of the television, filling up our days with activities. Some patterns allow us to reconnect to our Self, such as meditation, yoga, exercise. Neither set of patterns is good or bad, they just are. When we become aware of these patterns, we have empowered ourselves to make choices as to which patterns we want to use in any given situation.

There are five aspects of learning new patterns of BE-ing in the workplace that, when consciously incorporated into our workday, not only support our growth, but actually makes the learning process effortless, easy and fun:

1. Intention

2. Emotional engagement

3. Environment

4. Posture

5. Purposeful movement

From

“You yourself, as much as anybody in the entire universe, deserve your love and affection.” Buddha

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Mindfulness Meditation and Stress Management References

Astin, J.A. Stress reduction Through Mindfulness Meditation: Effects on Psychological Symptomatology, Sense of Control, and Spiritual Experiences. Yearbook of Psychiatry and Applied Mental Health.. (1998): 113-114, Annual, 1998.

Baime, M.J., Baime, R.V. Stess Management Using Mindfulness Meditation in a Primary Care General Internal Medicine Practice. Journal of General Internal Medicine, (1996) 11(Supplement):131.

Bishop, S., et. al. Mindfulness: A Proposed Definition. Clinical Psychology: Science and Practice: (2004): 11(3):230-241

Brown, K., et. al. Perils and Promise in Defining and Measuring Mindfulness: Observations from Experience. Clinical Psychology: Science and Practice: (2004): 11(3): 242-260

Castillo-Richmond, A., Schneider, R.H., Alexander, C.N., Cook, R., Myers, H., Nidich, S., Haney, C., Rainforth, M., Salerno, J. (2000). Effects of stress reduction on carotid atherosclerosis in hypertensive African Americans. Stroke. Mar;31(3):568-73. 

Cohen, Darlene Turning Suffering Inside Out: A Zen Approach to Living With Physical and Emotional Pain Shambala, Boston, 2002

Coles, Robert, Testa, Randy A Life in Medicine: A Literary Anthology, The New Press, New York, 2002

Davidson, R., et. al.. Alterations in Brain and Immune Function Produced by Mindfulness Meditation. Psychosmomatic Medicine, (2003): 65: 564-570.

Epstein, R. Mindful Practice. Journal of the American Medical Association, (1999) 282: 833-839.

Frankel, D.H. Meditation and Light Order of the Day for Psoriasis. Lancet(1998) 352:1040.

Gawande, Atul Complications: A surgeon’s Notes on an Imperfect Science, Metropolitan Books, New York, 2002

Goldenberg, D.L., Kaplan, K.H., Nadeau, M.G., Brodeur, C., Smith, S., Schmid, C.H., Ballenger, J., Talbott, J. A Controlled Study of a Stress Reduction, Cognitive Behavioral Treatment Program in Fibromyalgia. Year Book of Psychiatry & Applied Mental Health. (1996): 368-370, Annual, 1996.

Goleman, Daniel Destructive Emotions: A Scientific Dialogue with the Dalai Lama, Bantam Dell, New York, 2003

Guanarantana, Venerable Henepola Eight Mindful Steps to Happiness, Wisdom Publications, Boston, 2001

Guanarantana, Venerable Henepola Mindfulness in Plain English, Wisdom Publications, Boston, 1991

Kabat-Zinn, J. Coming to Our Senses: Healing Ourselves and the World Through Mindfulness, Hyperion, New York 2005

Kabat-Zinn, Jon. Everyday Blessings, The Inner Work of Mindful Parenting, Hyperion, New York 1997

Kabat-Zinn,J. An Outpatient Program in Behavioral Medicine for Chronic Pain Patients Based on the Practice of Mindfulness Meditation: Theoretical Considerations and Preliminary Results. General Hospital Psychiatry, (1982): 4: 33-47.

Kabat-Zinn, J., Chapman, A. Compliance with an Outpatient Stress Reduction Program: Rates and Predictors of Program Completion. Journal of Behavioral Medicine, (1988): 11: 333-352.

Kabat-Zinn, J., Lipworth, L., Burney, R., Sellers, W. Four Year Follow-up of a Meditation-Based Program for the Self-Regulation of Chronic Pain: Treatment Outcomes and Compliance. The Clinical Journal of Pain,(1987): 2: 159-173.

Kabat-Zinn, J., Wheeler, E., Light, T.,Skillings, A.,Scharf, M.,Cropley, T., Hosmer, D.,Bernhard, J. Influence of a Mindfulness-Based Stress Reduction Intervention on Rates of Skin Clearing in Patients With Moderate to Severe Psoriasis Undergoing Phototherapy(UVB) and Photochemotherapy(PUVA). Psychosomatic Medicine, (1998), 60:625-632.

Kabat-Zinn, Jon. Full Catastrophe Living, Delacorte, New York, 1990

Kabat-Zinn, Jon. Wherever You Go, There You Are, Hyperion, New York, 1994

Kornfield, Jack. A Path With Heart, Bantam, New York, 1994

LaCombe, Michael A. On Being A Doctor, American College of Physicians, Philadelphia, 1995

LaCombe, Michael A. On Being a Doctor 2, American College of Physicians, Philadelphia, 2000

Markova, Dawna I Will Not Die an Unlived Life: Reclaiming Purpose and Passion Conari Press, Berkeley, 2000

Miller, J.J., Fletcher, K., Kabat-Zinn, J. Three Year Follow-up and Clinical Implications of a Mindfulness-Based Stress Reduction Intervention in the Treatment of Anxiety Disorders. General Hospital Psychiatry, (1995) 17:192-200.

Palmer, Parker Let Your Life Speak: Listening to the Voice of Vocation Jossey-Bass, San Francisco, 2000

Rosenberg, Larry Living in the Light of Death: On the Art of Being Truly Alive Shambala, Boston, 2000

Saxe, G., et. al. Can Diet in Conjucntion with Stress reduction Affect the Rate of Increase in Prostate-specific Antigen After Biochesmical Recurrence of Prostate Cancer? Journal of Urology, (2001): 166: 2202-2207.

Santorelli, Saki. Heal Thyself: Lessons on Mindfulness in Medicine, Bell Tower, New York, 1999

Sapeta, Urszula Endless Knot(cushion orders). 7 Arnold Park, Rochester, NY 14607-2082 (585)473-9180.

Segal, Z., Williams, J., Teasdale, J Mindfulness-Based Cognitive Therapy for Depression: A New Approach to Preventing Relapse The Guilford Press, New York, 2002

Shapiro, S.L., Schwartz, G.E., Bonner, G. Effects of Mindfulness-Based Stress Reduction on Medical and Premedical Students. Journal of Behavioral Medicine, (1998) 21:581-599.

Simmons, Philip Learning to Fall: The Blessings of an Imperfect Life Bantam Books, New York 2000

Speca, M., Carlson, L., Linda, E., Goodey, E., Angen, M. A Randomized Wait-List Controlled Trial: The Effect of a Mindfulness Meditation-Based Program on Mood and Symptoms of Stress in Cancer Outpatients. Psychosomatic Medicine, (2000) 62:613-622.

Teasdale, J., et. al. Prevention of Relapse/Recurrence in Major Depression by Mindfulness-Based Cognitive Therapy. Journal of Consultation and Clinical Psychology, (2000): 68: 615-623.

Thich Nhat Hanh, Peace is Every Step, Bantam, New York, 1991

Web Site, Center for Mindfulness in Medicine, Healthcare, and Society:

Whyte, David The Heart Aroused: Poetry and the Preservation of Soul in Corporate America, Doubleday, New York, 1994

Williams, William Carlos The Doctor Stories, New Directios, New York, 1984

Zamarra, J.W., Schneider, R.H., Besseghini, I., Robinson, D.K., Salerno, J.W. (1996). Usefulness of the transcendental meditation program in the treatment of patients with coronary artery disease. Am J Cardiol, Apr 15;77(10):867-70. 

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