Law Times

PAGE 10 FOCUS December 8, 2008 • Law Times thetic, and more likely to under- stand different points of view. So, isn't it a given that they are better mediators? Leslie Macleod thinks so. "The answer is obvious," she It's obvious: women are 'more effective mediators' W BY GLENN KAUTH Law Times omen, according to stereotypes, are better listeners, more empa- said. "Everyone knows that women make more effective mediators." Macleod, of Leslie H. Macleod & Associates, spoke up for her gen- der at a recent Ontario Bar Associa- tion debate on the issue. She, along with Cliff Hendler of Dispute Resolution Services LP, argued that women are inherently more suited to be mediators than men. For Macleod, the distinction comes down to inherent biological dif- ferences between the sexes. "They remember, as many of you men would know, more details of a con- versation than you do," she told an audience in downtown Toronto. But the pair faced a formidable challenge from their opponents, Genevieve Chornenki of Con- flict Management Services and Gary Furlong of Agree Inc. While Chornenki called it a "comforting idea" and a "tempting" notion to ascribe superior characteristics to women, she argued that research doesn't bear it out. She found just five studies on the issue, none of which proved her opponents' point. "Gender had no relation- ship," she said. "It is a stereotype. It's a one-dimensional reality." But Macleod said that although settlement rates for men and wom- en might be the same, that doesn't mean women don't encourage better agreements. "More recent studies would show that men and women mediators . . . have about the same ability to get agreements," she noted. But the key question, she argued, is who can get there "and make it stick? It is women." Furthering their argument, Macleod and Hendler maintained that it is women's ability to focus on the process, rather than just outcomes, that make them more likely to get better settlements. For Macleod, male mediators make the mistake of "not giving the parties long enough to come to a conclu- sion on their own." She gave the example of a male mediator, who once told her: "I know exactly what they need and I take them there." Furlong, however, said that even if it's true that women are more process-oriented and men fo- cus more on results, the distinction doesn't make one group necessarily better at mediation than the other. "If we stay too long on the process, we look foolish and ineffective," he argued, while also conceding that those who push outcomes may come across as too pushy. Chornenki said that which ap- proach is better depends on the needs of the parties. Speaking about a friend who went to mediation during separation proceedings, she Cliff Hendler says women's tra- ditional role as nurturers offers men a lot to learn from. said the couple eventually switched from a female mediator's "warm, cuddly cocoon of listening" after realizing they spent their children's tuition on the proceedings. "You cannot simply say that one sex is superior over another if you look at what is required of a media- tor," she said, noting the real issue is the personality traits mediators have, not their gender. Eventually, the four debaters managed to come to a compromise of sorts. Rather than argue whether women are generally better at me- diation than men, they suggested the question should instead be whether women who choose to be mediators are any more effective than men who choose to be me- diators. As a result, it could be that self-selection by people who get into the field weeds out those men who don't have the characteristics needed to be a mediator. "There's a collaborative answer that all of us could agree to here," said Macleod. "We're just not agreeing to it for the purposes of tonight." Nevertheless, the debaters also used that goodwill to back up their points. At one moment, for ex- ample, Hendler called Chornenki "one of the leaders in this field" and argued that her success in the debate showed exactly why women are more effective. "That was very clever," she re- sponded, prompting laughs. But in the end, Chornenki said the debate felt like a "blast from the past." Hendler said women's tradi- tional role as nurturers offers men a lot to learn from. "We're missing the feminine qualities that allow us to get away from our narrowness, and we as men are narrow." Still, he made it clear he wasn't entirely serious. "Please don't be- lieve everything," he said. "I've got a disclaimer here." LT Commercial Arbitration in Canada: A Guide to Domestic and International Arbitrations J. Kenneth McEwan, Q.C. and Ludmila Barbara Herbst Addresses both the statutory and common law context within which international and domestic arbitrations are conducted in Canada. It considers issues arising from the interrelationship between arbitral and judicial proceedings. It also covers the availability of stays of proceedings and rights of appeal. Looseleaf & binder • $197 • Supplements invoiced separately (1-2/yr) P/C 0120030000 • ISBN 0-88804-395-3 Mediating Commercial Disputes Allan J. Stitt A masterful examination of how to handle and conduct mediation effectively in today's complex business world, providing practical tips and interesting anecdotes to guide you along the way. Perfectbound • 232 pp. • 2003 • $60 • P/C 0219010000 • ISBN 0-88804-400-3 Visit our Web site in December for a 20% discount Mediating Estate Disputes Susan A. Easterbrook and Francine A. Herlehy Provides practical advice and offers a thorough analysis of estate mediation issues in Canada, including special coverage of capacity disputes, will challenges and dependants' support claims. Perfectbound • 158 pp. • 2003 • $63 • P/C 0935010000 • ISBN 0-88804-406-2 Visit our Web site in December for a 20% discount Mediating Employment Disputes Barry Kuretzky and Jennifer MacKenzie Discusses the various considerations involved in each stage of the mediation process and how to deal with special issues such as public interest matters, multiple party disputes and animosity amongst parties. Perfectbound • 176 pp. • 2001 • $59 • P/C 0672010000 • ISBN 0-88804-327-9 Visit our Web site in December for a 20% discount Negotiation: The Art of Mutual Gains Bargaining David J. Corry Addresses the interests of both management and union on preparing for the collective bargaining process. Perfectbound • 176 pp. • 2000 • $55 • P/C 0712010000 • ISBN 0-88804-301-5 The Corporate Counsel Guide to Dispute Resolution Genevieve A. Chornenki From the general introduction of basic terms and concepts to the detailed description of dispute resolution processes, this book is a must-have. Perfectbound • 225 pp. • 1999 • $69 • P/C 0667010000 • ISBN 0-88804-289-2 Dispute Resolution in the Insurance Industry: A Practical Guide Anne E. Grant Using industry-specific examples, techniques and strategies, this guide provides the insurance industry with the practical knowledge needed to effectively represent clients. Perfectbound • 200 pp. • 2000 • $65 • P/C 0943010000 • ISBN 0-88804-346-5 Visit our web site in December for a 20% discount Family Mediation: A Guide for Lawyers Cinnie Noble This comprehensive guide provides a clear understanding of the major concepts of family mediation. Perfectbound • 183 pp. • 1999 • $60 • P/C 0944010000 • ISBN 0-88804-308-2 Workplaces That Work: A Guide to Conflict Management in Union and Non-Union Work Environments Blaine Donais A practical guide to dispute resolution in both the union and non-union workplace. It offers quantitative solutions to managing workplace conflict through tools such as the Testing Instrument for Fairness Systems, among others. Perfectbound with CD-ROM • 362 pp. • 2006 • $89 • P/C 0143010000 • ISBN 0-88804-445-3 For a 30-day, no-risk evaluation call: 1 800 263 2037 or 1 800 263 3269 www.canadalawbook.ca CA012 Canada Law Book is A Division of The Cartwright Group Ltd. • Free Shipping on pre-paid orders. Prices subject to change without notice, and to applicable taxes. www.lawtimesnews.com CA012 (LT 1-2x5).indd 1 12/3/08 2:28:24 PM LT1208

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