As we commemorate Black History Month, let us not only celebrate the vibrant mosaic and diverse narrative of black history.
Let’s consider the importance of supporting and fostering inclusivity in all aspects of FDR practice.
In the field of mediation, cultural competence is paramount in ensuring a fair and effective process for our clients.
By embracing diversity and pursuing knowledge about the cultural canvas of the clients we serve, we demonstrate our commitment to fostering an inclusive environment that appreciates and respects the experiences of all individuals.
So, in honour of Black History Month, here are some tips for working with black clients and families:
1.
Avoid reckless use of language: be conscious of how words and phrases might inadvertently reinforce preconceptions and stereotypes. Seemingly benign phrases often impact black folks negatively, especially in conversation and depending on who the speaker is:
- “black sheep of the family”
- “blacklisted”
- “pot calling the kettle black”
- “she/he/they are so well mannered”
- “ in someone’s black book”
- “black-hearted”
- Acting so “thug” like
One might use these phrases in a conversation with a black client and find that while they are into paragraph 3 of their soliloquy (just borrowing from the world of plays for emphasis), the client has not moved past the possible insensitive use of the phrase back in paragraph 1. Quickly, the client begins to lose trust.
2.
Recognize the real impact of systemic factors: Systemic influences, from structural racism to housing discrimination, sometimes occupy the mediation space, impacting negotiations between parties in ways a mediator might not recognize. Mediators should ask questions about and demonstrate empathy for how these factors may be impacting a black person’s lived (vicariously or otherwise) experience, views and negotiation goals. Some things to consider:
- power imbalances due to limited resources
- only one of the mediation clients is black
- limitations on economic, and social resources due to systemic disparities
- historical injustices and a black folk’s lack of trust in authority figures
3.
Diversify your mediation team: While not always time nor cost-efficient, in the appropriate case, consider co-mediating with a mediator who shares the cultural background of one or both clients. You may find that that approach:
- builds trust
- allows for a more accurate interpretation of the clients’ perspectives
- creates a collaborative atmosphere in the mediation process
- fills potential communication gaps
By incorporating these tips into our mediation practices, my hope is that we will continue to hone (present company included) cultural competence and be more inclusive and empathetic in our mediation practice.
