Law Times

Law Times • December 8, 2008 FOCUS PAGE 11 ing from a neighbour's kitchen. In Toronto's Jane and Finch neighbourhood, where live Inclusion of diversity 'fundamental' to program I BY GLENN KAUTH Law Times t's a typical scenario — a ten- ant in an apartment building doesn't like the smells com- people of an estimated 100 different nationalities side-by-side, such cultural misunderstandings are common. It's when they get out of hand, escalating to dis- putes between neighbours, that Confl ict Mediation Services of Downsview gets involved. But given the diverse nature of its clientele, the agency doesn't just have to provide mediation servic- es, it has to do so in a culturally appropriate way. "One of our fun- damental principles is inclusion of diversity," says Gregg Fenten, the organization's community trans- formation program co-ordinator. At Downsview, that involves having a "guiding principle that regardless of the identity of the organization — even though we answer the phone in English — that doesn't mean that we're not going to be inclusive of people of other backgrounds." Language, of course, is a big part of accomplishing that goal. Currently, the organization is able to provide free mediation services for everything from neighbour disputes to family breakdowns to landlord and tenant confl icts in more than 40 languages. "All of these are trying to be consciously aware that in providing a service, it's not just to a segment of soci- ety," says Fenten. As a result, depending on who is involved in the dispute, a media- tor can either run the entire session in another language or, if the par- ties aren't of the same background, the agency can provide someone who can interpret the proceed- ings. But in some cases, respecting diversity means not having some- one from the parties' community get involved in the dispute. "We don't make an assumption that people want mediators from that same culture," says Fenten, who notes privacy concerns can some- times be an issue. "Some people may not feel comfortable because their commu- nity may be very small. They may not want their personal business getting out into the community." Being culturally sensitive in- volves more than just words, of course. In some cases, it requires an understanding that some cul- tures have a different interpreta- tion of a word. "There's linguistic interpretation, but there's also cul- tural interpretation," says Fenten. "You can't take English concepts and automatically translate them into another culture." In Farsi, for example, there's no word for mediator. "So you have to come up with another word, maybe peacemaker or peace builder," he says. "It may be using more descriptive words to get to the point." For Shadell Permanand, the director of York University's stu- dent conduct and dispute resolu- tion service, mediators also need to be aware of their own biases in a multicultural setting. Per- haps more critical is anticipating whether the parties believe there is a bias regardless of whether that's really the case, she notes. "What I think sometimes mediators don't do is consider that how the par- ties perceive your impartiality is an important part of the process." While it perhaps shouldn't be an issue, Permanand says that is- sues such as the mediator's race, gender, or religion can affect the parties' comfort with the pro- cess. Disputants who are Muslim and Jewish, for example, may have some apprehension about a mediator who is Christian. But the potential for such concerns doesn't necessarily mean the me- diator should withdraw from the case, since what's really important is that he or she is at least aware of the issue and therefore may want to ask the parties about it. "Sometimes, it's just about being very transparent with the parties," says Permanand. In the Jane and Finch area, Fenten says managing confl ict also means being sensitive to power imbalances not only be- tween, but within, cultures. As a result, it has recently begun a program, called Iranian Family Well-being, to target domestic abuse. Much of the project so far involves educating families about traditional attitudes that may not fi t a Canadian context, but part of the goal is to help people fac- ing abuse access the mediation program. "For us to engage our social community, we have to be where they're at," says Fenten. Awareness of cultural dif- ferences, of course, is key for the volunteer mediators who handle the more than 1,500 confl icts the agency deals with every year. Even issues as seem- ingly simple as a noise dispute, for example, can come down to culture. "Some cultures may be more passionate or louder; oth- ers may not be," says Fenten, noting such disputes between neighbours can often degenerate into other problems. "The other person is saying that's not what we do in our cul- ture. So we have to try to bring people together to understand their perspective," he says. For the neighbours fi ghting over food smells, getting to that point helps reach a solution. Installing a vent can be one way of resolving the problem, or the offending per- son might agree to be more sensi- tive about when to cook. In the end, while Fenten ad- mits such confl icts may be small, he says offering a service to re- solve them can help improve rela- tionships in the community. But getting there isn't always quick or easy, particularly when mediators have to navigate cultural misun- derstandings. "You have to be de- liberate and committed to that. So if a process is going to take place in another language, it's go- ing to take time," says Fenten. He adds that while his agency is non-profi t and therefore has more fl exibility in how it deals with clients, the model is one that for-profi t mediators can also adopt. "I think it's a unique ap- proach that could be transported to other areas of mediation," he says. "Even for the for-profi t op- erators, diversity is another fi eld of opportunity." Permanand, meanwhile, says awareness is key. "The more aware you are of your biases, the more likely you're going to be able to hold them out of the process." LT Kuretzky Vassos Henderson LLP is widely recognized as one of Canada's leading employment and labour law boutiques. We practice at the cutting edge assist- ing a wide spectrum of clients ranging from major corporate employers through to individual plaintiffs. Our practice includes employment contracts, wrong- ful dismissal, collective bargaining, labour board applications, arbitrations, adjudications, employ- ment standards, health & safety, human rights and ADR. To discuss what we can do for you or your client, call Kuretzky Vassos Henderson LLP at Kuretzky Vassos Henderson LLP (416) 865-0504. Suite 1404, Yonge Richmand Centre, 151 Yonge Street, Toronto, ON M5C 2W7 Tel: (416) 865-0504 Fax: (416) 865-9567 www.kuretzkyvassos.com December Specials Dispute Resolution in the Insurance Industry: A Practical Guide Anne E. Grant Mediating Commercial Disputes Allan J. Stitt Mediating Employment Disputes Barry Kuretzky and Jennifer MacKenzie Mediating Estate Disputes Susan A. Easterbrook and Francine A. Herlehy www.lawtimesnews.com LT 1-4x3•Web Discount.indd 1 12/3/08 2:29:30 PM

• Cover
• Stays On Bench
• Second Opinion
• Focus On ADR/Mediation