[Advice] Evolving Cultural Sensibilities and ADR

As the economic, cultural, and spiritual forces that used to bind us together continue to refragment from overarching macro-cultures to indispensable micro-cultures, alternative dispute resolution practitioners must take notice.

Overarching macro-culture was driven by communal events, television, economic stability, and overarching cultural “norms” that allowed people to engage in conflicts and disputes with the same regularity they always have, but also allowed the impacts of those conflicts to be dampened.

Indispensable micro-culture is driven by technology, network connections that defy geography and notice, a dismissal of the status quo, and a strong identity component. People still have conflict in these micro-cultures (what used to be called “sub-cultures”). But the impacts of those conflicts are like wildfires that catch the masses attention for a moment, but without a “there” there, there is little sustained effort mounted to ameliorate the effects upon people in those micro-culture conflicts.

Conflict resolvers, conflict coaches, conflict engagers, mediators, arbitrators, and others have watched this evolution occur over the last fifty or so years, with greater acceleration, but the response to the evolution through providing access points to conflict resolution has not been as quick. This is mainly for three reasons:

  • Indispensable micro-culture is still seen as “niche” and not really enough to build a business model on by the entrepreneurial conflict resolver. This is a terrible fact, but except for some people doing some great work in resolving conflicts in specific areas with specific groups in conflicts (i.e. with parties in churches, with divorcing or separating pet owners, etc.) there is more focus by ADR professionals on how to gain credibility with the courts—still standing as the last guardians of a passing away overarching macro-culture.
  • There are still enough parties in conflict participating in the remaining civic life of a formerly overarching macro-culture. This is something that will pass away over time, but right now, there are enough of the “masses” left around that many professional conflict resolvers look at the problems and conflicts of that group and decide to address their issues first. Both as a way to make a “dent” in the universality of conflict, and to make money from a reliable income stream.
  • Refragmentation is still not understood—or accepted psychologically, emotionally, or spiritually—as an inevitable outcome of the erosion of the twin, post-World War 2 oligopolies of corporation and government. Now, this is not to say that government will disappear either now or later; but the fact is, that as conflicts and disputes between parties in indispensable micro-culture become harder and harder to understand, the overarching macro-culture responses from government entities (i.e. new laws, regulations, taxes, and fees) will be less and less effective. This is because indispensable micro-culture conflicts are driven by esoteric, identity based rules, that require conflict resolvers to engage in relationships with those cultures to resolve—and to go beyond the overarching macro-culture rubric of intercultural communication skill sets.

None of these three areas are that daunting to overcome. And once overcome, the business models to get ideas for resolution to people in conflict begin to overwhelm the entrepreneurial conflict resolver. All that is required to get there is the courage of conflict resolvers to act outside of the “box” they have been trained in.

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