Advanced Dispute Resolution Training Program - MWI
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Advanced Dispute Resolution Training Program
Probation Department – Remote Program
June 8, 2021
Day 3 of 4
Conducted by:
Conducted by: & Negotiation Services and Training since 1994
MWI – Mediation
10 Liberty Square – 4th Floor
Boston, MA &
MWI 02109
Landmark ASP Solutions
www.mwi.org
Welcome and Introduction of Trainers
• Josh Hoch, Mediator / Director of Mediation Services
• Matt Thompson, ADR Trainer, Cultural Competency and
Diversity Expert
© 2021 MWI www.mwi.org All rights reserved
INTRODUCTIONS
Help
– Text Josh at 857-719-6642
– Doomsday, 712-775-8962, Conference Code: 681708
© 2021 MWI www.mwi.org All rights reserved
REMOTE
Day 3:
Advanced Dispute Resolution Training
• Welcome / Agenda Review
• Warm-up
• Goals and Desired Outcomes
• Social Identity
• Diversity, Inclusion, and Equity (DEI)
• Unconscious Bias
• Talking About Race – Video & Discussion
• Lunch
• Levels of Racism
• Understanding our Reactions
• Role Play
• End of Day 3
© 2021 MWI www.mwi.org All rights reserved
AGENDA
Housekeeping
• Start at 9:00 AM
• Break at 10:45 AM and 2:45 PM
• Lunch at 12:30 PM
• End at 4:00 PM
• www.mwi.org/probation-resources
© 2021 MWI www.mwi.org All rights reserved
WELCOME
Group Norms
• Start and end on time
• Don’t interrupt
• Be respectful
• Be patient
• No judgement
• Constructive and helpful feedback
• Be aware of levels of experience
• Confidential
• Share airtime
• Have fun!
© 2021 MWI www.mwi.org All rights reserved
WELCOME
Group Norms
• Use “I” statements
• Intent < Impact
• Calling in v. calling out
• Make space, take space
• Confidentiality
• Lean into discomfort
• Both/And Thinking
• Permission to speak in “first draft”
© 2021 MWI www.mwi.org All rights reserved
GROUP NORMS
Comfort, Stretch & Panic Zones
© IISC
Introductions
• Groups of 2
• Name
• Preferred gender pronouns
• Racial identity and ethnicity
• Your “social superpower”
• Be prepared to introduce your partner to the large group
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INTRODUCTIONS
Morning Questions – Groups of 2
1. What did it take for you to be here today?
2. What makes your heart sing?
3. Who have your teachers been?
4. How is the current context - political, social, cultural
- impacting you?
5. Talk about a time you were wrong?
© 2021 MWI www.mwi.org All rights reserved
INTRODUCTIONSGoals
1) Advance the conversation of "Diversity, Inclusion and
Equity" to action (and create new goals for consideration)
while we also
2) Create a deeper understanding of the concept of
Unconscious Bias and how it manifests in our daily lives
© 2021 MWI www.mwi.org All rights reserved
GOALSDesired Outcomes
Participants will have:
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GOALSSocial Identity
• We all have multiple identities
• We make decisions about how we want to identify ourselves
• We make assumptions about people based on what we’ve
learned from our families or society
• We can have a shared identity and experience the impact
differently
© The Mediation Group, 2021
IDENTITYSocial Identity Circle
Purpose:
• Better understand the various
identities we all hold
• Our diversity makes us stronger
• Turn camera off and on
© 2021 MWI www.mwi.org All rights reserved
IDENTITYDebrief - What were the governing factors in your identity selection? - Were you surprised by who shared your identity? Who did not? © 2021 MWI www.mwi.org All rights reserved
Diversity
The presence of difference within a given setting.
Diversity is about a collective or a group and can only exist in
relationship to others. A candidate is not diverse — they’re a
unique, individual unit. They may bring diversity to your team or
your hiring pool, but they in themselves are not diverse.
To be a diverse organization simply means that you have the
presence of differences of identity (e.g., gender and people of
color) throughout your organization. However, an organization
can be diverse without being inclusive. A company can be
diverse without being equitable.
DIVERSITYInclusion
Inclusion
Inclusion is about folks with different identities feeling and/or
being valued, leveraged, and welcomed within a given setting
“Diversity is being asked to the party. Inclusion is being asked
to dance.” Verna Myers
Inclusion is not a natural consequence of diversity. You can
spend $265 million getting a diverse collection of people in the
door and never change the environment they walk into.
INCLUSIONIncreasing Diversity
Efforts to increase diversity involve questions like:
• Why aren’t people of differing identities applying for our jobs?
• How can we get more “diverse” people into our pipeline?
• How can we incentivize recruiting “diverse candidates”?
DIVERSITYEquity
• Equity is an approach that ensures everyone access to the
same opportunities. Equity recognizes that advantages and
barriers exist, and that, as a result, we all don’t all start from
the same place. Equity is a process that begins by
acknowledging that unequal starting place and continues to
correct and address the imbalance.
EQUITYDiversity Inclusion
DIVERSITYIncreasing Inclusion
A focus on inclusion asks different questions:
• What is the experience for individuals who are non-majority
within the organization?
• What barriers stand in the way of people feeling a sense of
welcome and belonging?
• What is the impact of our action on our newly diverse team?
INCLUSIONExercise
• Groups of 4
– (20 minutes, about 5 minutes per person)
• Share a time when you became aware of your identity.
– How did it make you feel?
– What was the impact?
– How does your identity impact your work inside the Court?
DIVERSITYExercise
• Debrief
DIVERSITYSource: Gardenswartz& Rowe (2003); Loden & Rosener (1991)
IDENTITYSee Systems
Cultural Iceberg
Ladder of Inference
INFERENCEWhat is Unconscious Bias?
A bias that we are unaware of and happens outside of our control.
Triggered by our
brain making quick
judgments and
assessments of
people and
situations, influenced
by our background,
cultural, environment
and personal
experiences
BIASWhat is Unconscious Bias? • Attitudes or stereotypes that affect our understandings and decisions • without our conscious awareness, • consent, • or agreement.
What do you see?
11,000,000
11,000,00: 40-50
What colors are the following lines of
text?
Source: Kirwan Institute for the Study of Race and EthnicityWhat colors are the following lines
of text?
Source: Kirwan Institute for the Study of Race and EthnicityWhat colors are the following lines of
text?
Source: Kirwan Institute for the Study of Race and EthnicityWhat colors are the following lines of
text?
Source: Kirwan Institute for the Study of Race and EthnicitySorting it Out
Sorting it Out I cdnuolt blveiee taht I cluod aulatcly uesdnatnrd waht I was rdanieg. The phaonmneal pweor of the hmuan mnid, aoccdrnig to a rscheearch at Cmabrigde Uinervtisy, it dseno't mtaetr in waht oerdr the ltteres in a wrod are. The olny iproamtnt tihng is taht the frsit and lsat ltteer be in the rghit pclae.
FINISHED FILES ARE THE RESULT OF
YEARS OF SCIENTIFIC STUDY
COMBINED WITH THE EXPERIENCE OF
YEARS.
How many f’s are there?
Source: http://www.positscience.com/brain-resources/brain-teasers/missing-lettersFINISHED FILES ARE THE RESULT
OF YEARS OF SCIENTIFIC STUDY
COMBINED WITH THE EXPERIENCE
OF YEARS.
How many f’s are there?
Source: http://www.positscience.com/brain-resources/brain-teasers/missing-lettersOver Six Feet Tall
Ladder of Inference
Take Action
Draw Conclusions
Interpret Data
Select Data
Pool of
Available
Adapted from Chris Argyris
Data
INFERENCELadder of Inference
Take Action
Draw Conclusions
Interpret Data
Select Data
Pool of
Available
Adapted from Chris Argyris Data
INFERENCETypes of Bias
1. Affinity Bias: perceive you have something in common with them…
school, town, neighborhood
2. Halo Bias: if we like one thing about someone we think everything
about them is good
3. Confirmation Bias: looking for evidence to support our judgments
4. Conformity Bias: Group Think
5. Anchoring Bias: over-reliance on the first piece of data you hear
6. There are many more….google it ☺
• http://kirwaninstitute.osu.edu/research/understanding-implicit-bias/
• https://en.wikipedia.org/wiki/List_of_cognitive_biases
BIASUnconscious Bias Resources
1. www.lookdifferent.org/what-can-i-do/bias-cleanse
2. www.indiana.edu/~atlantic/wp-content/uploads/2014/03/Implicit-
Bias_031214.pdf
3. https://io9.gizmodo.com/5974468/the-most-common-cognitive-biases-that-
prevent-you-from-being-rational
4. https://implicit.harvard.edu/implicit/
5. Chimamanda Adichie, TED TALK Dangers of a Single Story &
https://study.com/academy/lesson/chimamanda-ngozi-adichies-ted-talk-
summary-analysis.html
6. TED TALK LIVE SHORTS-Unconscious Bias 3 min video
https://www.youtube.com/watch?v=rspZv2a0Pp8
7. A Whole New Mind by Daniel H. Pink
8. Microaggressions in Everyday Life by Derald Wing Sue, Ph.D
9. How Microaggressions are like Mosquito Bites: Same Difference
https://www.youtube.com/watch?v=hDd3bzA7450
10. Jose vs. Joe: Who Gets the Job?
11. 20/20 ABC News: Children & The Psychology of White Supremacy
BIASVideo: “How I Learned to Stop Worrying
and Love Discussing Race”
RACEVideo: “How to Talk about Race:
Eric Deggans at TEDxBloomington”
RACELevels of Racism and Oppression
RACE FORWARDInternalized
Internalized racism lies within individuals. These are private
manifestations of oppression that reside inside our minds.
Examples: prejudice, xenophobia, internalized oppression and
privilege, and beliefs about race.
RACE FORWARDInterpersonal
Interpersonal racism: is the expression of racism between
individuals. It occurs when individuals interact and their private
beliefs affect their interactions.
Examples: acting on or expressing prejudice, internalized oppression
and privilege, and beliefs about race, influenced by the dominant
culture.
RACE FORWARDInstitutional
Institutional racism occurs within institutions. It is discriminatory
treatment, unfair policies and practices, and inequitable opportunities
and impacts, based on race.
Example: A school system that concentrates people of color in the most
overcrowded, under-funded schools.
RACE FORWARDStructural
Structural racism is bias across institutions and society. It’s the
cumulative and compounded effects of an array of factors that
systematically privilege some people and others based on race.
Example: The “racial wealth divide” (where whites have many times the
wealth of people of color) results from generations of discrimination
and racial inequality.
RACE FORWARDMatching Strategies to Structural Analysis
RACE FORWARDMatching Strategies to Structural
Analysis
RACE FORWARDMatching Strategies to Structural
Analysis
RACE FORWARDMatching Strategies to Structural
Analysis
RACE FORWARDMatching Strategies to Structural
Analysis
RACE FORWARDBiases reinforce inequity & all forms of
oppression
• One example
The connection between criminal sentencing and Afrocentric features bias:
This research refers to the generally negative judgments and beliefs that many
people hold regarding individuals who possess Afrocentric features such as dark
skin, a wide nose, and full lips.
Researchers found that when controlling for numerous factors (e.g., seriousness
of the primary offense, number of prior offenses, etc.), individuals with the most
prominent Afrocentric features received longer sentences than their less
Afrocentrically-featured counterparts.
This phenomenon was observed intra-racially in both their Black and White male
inmate samples.
http://kirwaninstitute.osu.edu/research/understanding-implicit-bias/
BIASDebiasing Strategies • Be proximate • Bryan Stevenson, Equal Justice Initiative Individual/Team Strategies Organizational Policies/Practices Name who’s not at table Share meeting notes Interrogate own biases Equal time sharing What biases are present? Working agreements Invite: - Marginalized voices - Brave Conversations -Curiosity and mistakes - Bias Types - Lived experience in hiring - Implicit bias tests - Share lime light
Diversity
Why Diversity isn’t Enough
Diversity can… Diversity doesn’t necessarily…
• Create opportunities for • Guarantee cultural competency
sharper, more creative,
strategic thinking • Alter the dynamics of oppression
or change the systems that
create injustices
• Increase the likelihood that
programs, services and • Ensure inclusion, fair operations,
initiatives will be relevant to or real opportunities within an
organization
constituents
• Lead to equitable outcomes for
• Demonstrate commitment to the organization’s constituents
creating equal opportunities
DIVERSITYINCLUSION
INCLUSIONEQUALITY vs. EQUITY
EQUITY# The 4th Box
EQUITYEQUITY
EQUITY
Compass of Reactions
Attack Self
Withdraw Avoid
Attack Other
COMPASSPoll Questions
COMPASSDebiasing Strategies
1. Be proximate: Bryan Stevenson Equal Justice Initiative
2. Review the many times a day we’re in our Ladder of
Inference trance
3. Brainstorm with colleagues your ideas; be in the
conversation early and often.
4. Consider the Opposite
https://www.youtube.com/watch?v=ieVaeYVaOrc
5. Brainstorming Best Practices
https://www.youtube.com/watch?v=Now8fRIMN_Q
6. “Feel the feeling, drop the story” Pema Chodron
EQUITYMicro-messages
Those subtle – and sometimes not-so-subtle – nonverbal
messages that people send through body language, tone of
voice and the way they inflect words. Micro-messages signal at
an immediate gut level how people feel about each other.
EQUITYBIG PICTURE
ANALYSIS
ORGANIZATIONAL
STRUCTURE PROGRAM
& DESIGN
OPERATIONS
Mapping the Territory PROGRAM
GOVERNANCE
Current Organizational Reality EVALUATION
HUMAN
STORYTELLING
RESOURCES
ORGANIZATIONAL
CULTURE
This graphic builds on materials that were adapted by George Friday from the Dismantling Racism Workbookhead+heart+street
madison thompsonhead ruling the heart
- Paralysis of analysis
heart
- "Yabuts"
head
- Intellectual pursuit is be all, end all
- Think that street is self-evident (it’s obvious
only to them)
- Trouble relating to heartheart ruling the head
- Most affected by situation
- hey know something wrong but don’t have all the
details
- They feel it but can’t name it…….
head - But they will take action to the street when they
reach a boiling point
heart - When they take action, they can rebel and act
out
- When they can’t name it, they just act
- If they can’t act, they sit in quiet frustration and
often withdraw
- Normal societal reactions: seeds for unconscious
bias to rule, e.g, interpersonal racismhead+heart conflicting
- Chatter is louder
head
- Head and Heart conflict
- “Yabuts" will suppress the heart and
prevent going to the street
- Unconscious bias (normal survival
mechanism) gets ingrained in Heart and
can overtake Head
heartrough road actualization
head-to-street
- Short term solutions
- Self-serving
- The intellect wants to protect the self
- There is no obvious reason to sacrifice
- You can take no action, or a self-serving action
heart-to-street
- Knee jerk response
- Can easily be ignored by systemic process in place
- They know they're angry and hurt but no threat to the
system(s) that create problem in first place
- Seed for unconscious bias
- If you go heart-to-street without reflection, you just
reinforce ladder of inference (this is where you need
some head)
- The system is design to suppress heart-to-streetreal potential for change and threat to status quo is when
head, heart and street come together.
head heart
when you go to the heart — and
can exercise control and bring
you’re willing to take a risk b/c head
true knowledge to what's going
tells you that something good can
on and produce a positive come out of this and you can change
outcome your gut reaction that something
greater or positive can happen, the
greater good can be served
balance of head + heart
can serve greater good
on the streetSelf-Reflection Questionnaire
1. When I see this party I am reminded of ________
2. When I see this party what do I see?
3. When I listen to this party what do I hear?
4. What I like about this party is ________
5. What I dislike about this party is _________
6. One thing I think needs to change for this party is ________
7. I like it when this party _________
8. I am bothered when this party _________
9. I wish this party would __________
10. I wish this party would not ________
REFLECTIONSelf-Reflection Questionnaire
Each question should be followed up with a response to:
“Because it makes me feel______”
11. Do either party’s experiences raise any personal memories for me?
12. Are there racial differences between the parties? If so, how are they
showing up?
13. Are there ethnic differences between the parties? If so, how are they
showing up?
14. Are there gender differences between the parties? If so, how are they
showing up?
15. Are there socio-economic differences? If so, how are they showing up?
16. What is the dominant culture in which the conflict has taken place?
17. Are LGBTQ issues prominent in this conflict?
REFLECTIONRole Play
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