r/Mediation • u/MrMagicMan101 • 1d ago
How should we react to someone behaving in a way we do not like?
I was just thinking about a method that one could express to present alternatives to conflict resolution in terms that exist outside of our current legal system (mine, at least, being the American legal system). Not at all to say that these following elements are not incorporated in ours or any current system, but rather that the ways in which we utilize those components may not necessarily be the most conducive to meaningful resolutions as they could be.
In short, the answer to the titular question, I think, is to proactively train people on how they can deescalate situations.
The longer answer comes in the form of a fun acronym, “C.A.R.E.,” which I hope to use in this instance as a roadmap that presents reasonable opportunities for deescalation and resolution at every point. Please let me know if there is anything you might change or include to further that goal.
C.A.R.E
Containment: Is the “offender” presenting a danger to themselves or other people? If so, can the primary, immediate threat to life be contained, or can others remove themselves from the situation? If not, temporarily physically isolating/restraining the offender could help deescalate the overall situation, but this itself is a form of escalation, so constraints may be lifted at any point onwards, and should be lifted as soon as is reasonable. The enforcement of this escalation is always subject to scrutiny.
Awareness/Advocation: Is the “offender” receptive to direct conversation? If so, understanding their present experience could elucidate speedy solutions to prevent further undesired behavior. If understanding proves difficult, bringing in an “advocate,” or anyone more familiar in positively approaching the behavior they exhibit, could also yield a speedy solution. If a speedy solution cannot be reached, work with the offender and their advocate to establish understanding about the expectations for everyone moving forward, and jointly consider whether the direct involvement of more people would help or hinder the rate at which the situation can be properly handled.
Representation: If a solution between parties cannot be reached, an arbitration may occur. If it is expected that removing the offender’s constraints would cause immediate physical or emotional harm to others, arbitration may become forced. During arbitration, the parties can defer the conclusion of the situation to one representative each. Representatives specialize in presenting the speediest and most amenable solutions to disagreements, and may be replaced at the free behest of their clients, meaning clients should not be obligated to their representative, especially financially.
Executive Direction: If an amenable solution still cannot be reached, a third arbiter (a previously uninvolved representative), enters and discusses directly with the affected parties. In the final case of absence of agreement, the arbiter will be presented the (client-approved) solutions presented by the two representatives, and will then be required to declare the execution of a solution within the bounds set by the two representatives. This solution must be executed by people who are also arbiters, or by trained volunteers.
I’d like to highlight that arbiters are distinct from lawyers, importantly because they do not study law. They likely study sociology and psychology, or perhaps they are just people who are recognized for their ability to positively engage with people.
Arbiters must serve regularly as each of the different roles described throughout the C.A.R.E. process of deescalation. This is an effort to encourage the application of empathy for every arbiter. I’m sure empirical data could help determine how often serving in each role is helpful.
They are further encouraged to explore their own understandings through having consistent access to healthcare professionals, both physical and mental. This care is not just highly accessible for them, but for everyone else too, as people tend to not act their best when they are not feeling their best— and people also tend to invest in others when they themselves feel cared for.
If anyone is familiar with this kind of overall concept already through some book or paper that goes through a similar process of conflict resolution, I’d love to hear about it!