“The Interrupters”: Lessons for Mediators

I had a chance last week to see The Interrupters – a new documentary about mediators in Chicago who work to reduce gang violence.  The film focuses on three “violence interrupters” who intervene in conflicts before they become violent.  All three work with the organization “CeaseFire,” founded by Gary Slutkin.  Slutkin, an epidemiologist at the University of Illinois in Chicago, believes that gang violence is a public health problem and that the spread of violence mimics the spread of disease.  The solution is similar in both cases:  Find those who are most infected and stop the infection at its source.

Critics have said that the film is “riveting” and I would have to agree.  It is fascinating to see, up-close and first-hand, the work done by these brave men and women.  The film also has some lessons for mediators of non-violent conflicts.

Words matter:  Ameena Matthews (in the image above), one of the mediators portrayed, tells us early in the film:  “They say ‘sticks and stones will break my bones but words will never hurt me’?  Words will get you killed.”  Even when violence is an unlikely possibility, choice of words – and the respect or disrespect that those words convey – can have a crucial effect on negotiations.  Mediators may need to coach clients about their choice of words and get them to reflect on the possible consequences of those choices.

Credibility is key:  The mediators portrayed in the film can be successful only if they are respected by the people they work among.  Their personal histories, experience with violence, and the force of personality they display all contribute to their credibility.  While “credibility” will mean something different for mediators working with a different clientele (say, Bay Street lawyers rather than youth-at-risk) its importance should not be underestimated.

Gain trust by demonstrating that you understand the client’s perspective:  In a powerful scene, Ameena and some other mediators intervene in a confrontation taking place right outside their offices.  We see her conversation with one of the young men she has just hustled away.  At first, it seems (incongruously) that she is praising him for almost getting involved in a violent conflict:  “You came to protect your family, right?  You came down because your sisters called you?”  We see the point of her strategy later.  The young man is prepared to listen to Ameena when she appeals to his protective impulses:  “How are you going to protect your family if you’re in jail?  How will they cope with that?”

Use the clients’ own values in getting them to think about their actions:  The violence interrupters are not neutral with respect to the outcome of their negotiations.  Their goal, in every case, is to reduce violence and save lives.  One of their techniques (familiar to mediators everywhere) is to get their clients to think about whether their actions are in harmony with the values they express.  We see mediator Cobe Williams working with two brothers who are members of rival gangs.  The brothers claim to love one another, but bicker with one another and with their mother until Cobe wonders (and we wonder) if he can make a breakthrough.  The turning point comes when he asks each brother in turn, “If they [the gang] was coming after your brother, would you protect him?”  When each brother sees the other answer in the affirmative, they seem to realize that their bickering and trash-talking and posturing are out of place.

Listening works:  Many of the people we see involved with CeaseFire are very charismatic.  Tio Hardiman, head of the violence interrupters program, and Ameena Matthews in particular, come across as very strong personalities and powerful, effective orators.  The film contains several splashy scenes of their work and the positive influence they have on others is evident.  Yet the film also contains quieter, yet equally powerful moments, when all the mediator seems to do is maintain his composure and listen, and then demonstrate that he has heard the speaker.  Several times, we see violent impulses drained away as the speaker realizes that his grievance has been heard and understood.

Bill 168 – Investigating Complaints under your Policy

OK.  You have a policy about violence and harassment in the workplace.  You’ve got a program in place to implement the policy and to make employees aware of it.  Now someone has made a complaint under the policy.  What are your next steps?

With any luck, the policy will have been written so that your next steps are already laid out.  The complaint will have to be investigated, and based on the investigation, some remedy may be called for.  The investigator will speak to the person who has made the complaint (“the complainant” ) and to the accused person (“the respondent”).  After each interview, the investigator will draw up a statement for each party, which they will sign.  The investigator may also speak to witnesses and have them sign statements as well.  Finally, the investigator will study your policy, and then determine whether the behaviour in question constitutes a violation of it or not.  The investigator’s decision will be in the form of a written report.  The report is delivered to whomever is in charge of sanctions under the policy.  The investigator may be a supervisor, someone from the Human Resources team, or an outside party.  (I offer investigations through my company Principled Dispute Resolution and Consulting.)

An example might be useful here:  Mike is an employee, and Mary is his immediate supervisor.  After learning about the sections of the policy regarding harassment, Mike makes a complaint that Mary has, on several instances, made negative, hurtful, and belittling comments about his recently acquired tattoos.  Some of these remarks were made in private, but some were in the presence of his co-workers Sam and Jill.  The investigator interviews Mike, asking him to describe these incidents.  Based on the interview, the investigator writes up a statement.  Mike reviews it and signs, or asks the investigator to make changes before he will sign.  Next the investigator interviews Mary, to get her perspective on the incidents in question.  Again, the interviewer draws up a statement for Mary’s approval and signature.  Depending on what Mary has said, (“I did make the comments and I’m very sorry,” or “I respectfully asked Mike to observe our dress code and never belittled him”) the investigator may interview Sam and Jill about the incidents that they witnessed, and draw up statements for them.  Finally, the investigator studies the workplace policy on harassment in light of the relevant legislation (in Ontario that means Bill 168). and makes a decision about whether Mary’s behaviour is in violation of the policy.  (Your policy might be stricter than the relevant legislation, but it cannot be weaker.)

What happens after the report is submitted?  Again, your policy should describe the possible sanctions or consequences for violations.  Mediation may or may not be appropriate at this point, depending on the nature of the incidents.  It might be good for Mike and Mary to sit down together with a neutral third party and to discuss, in a controlled environment, what happened between them.  Mediation is an option, whether or not the investigator finds that Mary’s behaviour was inappropriate.  Mike’s hurt feelings are real, whether or not Mary intended him to feel badly, and whether or not her actions crossed the line into harassment.  Mike and Mary may still have to work together, and clearing the air between them is a good idea.

Once you have a policy on workplace harassment and programs in place to implement it, don’t be surprised if you start to receive complaints.  Employees may feel that they no longer have to put up with behaviour that they have endured for some time.  And don’t be dismayed to receive complaints.  Although it isn’t nice to think that harassment occurs in your workplace, being aware is the first step in stamping it out.

Follow-up article in "Women's Post"

A follow-up article written by me and fellow mediator Dr. Pamela Hudak just appeared in the on-line edition of Women's Post.  The article is called "Five Ways to Diffuse Workplace Conflict" and you can read it here.

Bill 168 – What Are Employers’ Responsibilities?

Ontario’s Bill 168 lays out the responsibilities that employers have in preventing and responding to workplace violence and harassment.

Employers have a duty to assess the risks of workplace violence, and to consider all potential sources of violence in the workplace (“from strangers, clients, customers, patients, students, workers, supervisors, intimate partners, or family members”).  And they must have measures and procedures in place to control these risks. Employers must also take reasonable precaution to protect workers at risk of domestic violence, if they are aware (or ought reasonably to be aware) of such risks.  It is worth noting that an employer’s obligation is not cancelled if the targeted worker does not want any steps taken to protect her.  While employers must respect their workers’ privacy, they must nonetheless take precautions on behalf of workers who are at risk of violent attack.

Finally, employers must warn workers if, in the course of their work, they will be in contact with a person with a history of violence, and if they are at risk of physical injury.  Once again, privacy concerns may be relevant here, but the right to privacy does not trump the duty to inform workers if they are at risk.

Every employer must have a policy on violence and a policy on harassment (or a single policy on both).  If an employer has 6 or more regular employees, then the policy must be written down, reviewed annually, and posted in the workplace.  Employers must also have a program to implement the policy, and they must make sure that employees are informed about both the policy and the program.

At a minimum, the policy should:

•    State that violence is an occupational health and safety hazard
•    Define workplace violence and harassment, and state that they are unacceptable
•    Make a commitment to protecting workers from violence and harassment
•    Encourage workers to report all incidents of violence and harassment
•    Make a commitment to investigate and deal with complaints promptly
•    Outline consequences of behaviour covered by the policy

To sum up, employers have a duty to recognize inappropriate behaviour and deal with it promptly, and they must communicate to their employees how they plan to fulfill this duty.

I am not a lawyer and none of this is intended as legal advice!  The Ontario Ministry of Labour has some excellent resources for Bill 168 on their website, including examples of policies and programs, and tools for drafting your own policies.  (It might also be helpful to look at one of my earlier posts, How to Write a Code of Conduct.)

Next time:  How to deal with complaints under your policy.

Article in "Women's Post"

"Five Myths of Workplace Conflict," an article I co-wrote with fellow mediator Dr. Pamela Hudak, just appeared in the on-line editions of Women's Post.  You can check it out here.