T H E O R Y

African Americans in Mediation Literature: A Neglected Population

Cherise D. Hairston

This article examines mediation literaturefor the presence of culturally spe- clfic literature on the African American population in the United States. A review of mediation literature has exposed a culturally spec@ literature- based void that has not empirically investigated African Americans as the primary subject in terms of practice and research-related aspects of the medi- ation process. This article explores how the neglect of this population in the literature has negative implicationsfor practice and research.

This article explores mediation literature and the meager inclusion of cultur- ally specific literature on the African American population in the United States. A review of the literature has exposed a culturally specific void that has not empirically investigated African Americans as the primary subject in terms of practice concerns and research-related aspects of the mediation process. There- fore, I relied on literature from a variety of multidisciplinary resources to form a baseline analysis regarding the omission of this population and the implica- tions this neglect has for the field of mediation.

The limited scope of culturally specific literature on African Americans has negative implications for mediation theory development, research, and prac- tice. Culturally specific literature is important because it can identify variables that influence the mediation process and the development of theory and research in relation to aspects of African American culture. This article focuses on mediation literature since a body of literature has primacy as the founda- tional prerequisite for an academic and professional field in terms of scholar- ship and research.

Note: The author would like to thank Debra Sanders, Antioch faculty adviser, 1996-1998; Anna Nelson-Perry; Carol Richardson; and Carol Ulmer for their assistance with earlier drafts of this article.

MEDIATION QUARTERLY, vol. 16, no. 4, Summer 1999 0 Jossey-Bass Publishers 357

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The importance of a body of literature can be illustrated by several factors. First, discipline-specific literature is important because it sets the parameters and standards for areas of academic inquiry that are considered appropriate scholarly subject matter for research (McMahon and Meares, 1992; Niemonen, 1997). Because the selection of subject matter for literature establishes “what kind of scholarship is most valued” (MacPhee, Kreutzer, and Fritz, 1994, p. 700), omission of African American culture has serious negative ramifica- tions, which are explored in this article. Although there is a growing body of mediation literature focusing on cultural and ethnic issues, the same cannot be stated about mediation literature that focuses specifically on the African American population (see Barsky, Este, and Collins, 1996, p. 167). A second factor to consider is the powerful effect literature has in constructing the para- meters of theory development, research, and practice issues. Discipline-specific literature is a necessary component to facilitate development of these parame- ters. These parameters contribute to developing guidelines for mediators around issues of practitioner competency, approaches, reference, and ulti- mately they guide how mediators approach their work.

To illustrate the neglect of African Americans in the mediation literature, I modeled the content analysis work of Niemonen (1997) and MacPhee? Kreutzer, and Fritz (1996). I conducted a review of the table of contents of Mediation Quarterly, including all issues from 1983 through 1997. The review, although not a pure content analysis, was conducted to establish the level of awareness and sensitivity regarding culturally and ethnically diverse populations. I sought out articles that specifically addressed issues of cultural and ethnic diversity. The review included an examination of the abstracts for 420 articles. Of those, I was unable to locate articles specifically devoted to exploring the conflict resolution needs of African Americans (Hairston, 1998).

With the recent exception of Mabry (1998), there are few examples of published, accessible, and culturally specific mediation literature written specifically about African Americans. Fortunately, the mediation literature is not totally devoid of cultural diversity subject matter (see Augsburger, 1992; Barsky, Este, and Collins, 1996; Delgado and others, 1985; Duryea, 1992; Kriteck, 1994; Lederach, 1995; McCormick, 1997; Merry, 1990; Meierding, 1992; and Willrich, 1989).

I suggest that more literature is required that is written about specific cul- tural and ethnic populations. This type of literature can become one of many valuable tools that mediators use to guide their practice and research to make it more culturally sensitive and appropriate. Culturally specific literature can facilitate this process by helping mediators gain basic information. Barsky, Este, and Collins (1996) believe that “mediators must continuously strive for greater self-awareness and identify beliefs that inhibit effective cross-cultural practice” (p. 169). There are some excellent examples of culturally specific work, such as LeResche (1992) on the Korean-American harmony-restoration process and Bluehouse and Zion (1993) on Navajo justice. Literature such as this and the

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recent work of Mabry (1998) are encouraging in that mediators are recogniz- ing the need to increase knowledge and awareness about other cultures. The impact of culture on the mediation process has been recognized (see Duryea, 1992). I hope that more literature will be produced to further mediators’ understanding of culturally and ethnically diverse population (see also Bryant, 1992; Townley, 1992) to ensure that all persons receive high-quality media- tion services (see Schwerin, 1995).

Ethical Considerations

Can African Americans be served effectively and appropriately by mediators who have limited academic access and actual multicultural (cross-racial and cross-cultural) interaction with this specific population in mediation? This is a central question because the United States is still a society that remains largely segregated by race and class. Proctor and Davis (1994, p. 315), writing from a social work perspective, suggest “those who live separately neither know nor understand each other. . . . [European Americans], in par- ticular, know very little about the social realities of [diverse] cultures. Many [European Americans] have virtually no meaningful contact with [people of color] before seeing them as clients.”

Consequently, stereotypical, prejudicial misinformation continues to be perpetuated because “throughout most of our history, there has been no reason why [European Americans], for their survival or success, have needed to be sensitive to the cultural perspectives of other groups” (Howard, 1996, p. 326). Because of these factors and others that need to be identified and researched, the quality of the mediation process and the nature and type of research con- ducted about African Americans continues to be negatively affected.

Quality mediation services demand that mediators be aware as much as possible of the uniqueness and life experiences of each individual participat- ing in the mediation process and the culture from which this uniqueness springs. Characteristics of uniqueness include such variables as age, genera- tional influence, disability, religion, ethnicity, sexual orientation, indigenous heritage, national origin, and gender (Hairston, 1998; Hayes, 1996). Socially responsible and culturally appropriate mediation services are guided by the ethical principles to do no harm (malfeasance) and to promote the growth and development of the parties (beneficence) (Grebe, 1992). Without a solid con- ceptual base and cultural competence of understanding the unique character- istics and cultural diversity of people, mediators violate these ethical principles.

The cultural and ethnic texture of the United States continues to diversify Subject matter in the mediation literature must be reflective of such demo- graphic changes and the implication these changes have for the field of medi- ation and for those who are practitioners and participants in the mediation process (see Dominguez-Urban, 1997; Fn’Piere and Work, 1992/93). Mediation as a discipline and profession must expand its knowledge and

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sensitivity to other cultural and ethnic groups and work to be inclusive of these groups in addition to the dominant majority culture, which primarily reflects the worldviews and culture of European Americans (see Delgado and others, 1985; Fn’Piere and Work, 1992/93; Gunning, 1995; and Mabry, 1998). By moving toward an inclusive orientation that values and respects diversity, mediators are better equipped to meet the challenges of diversification in the United States and internationally

Review of the Literature

A review of mediation literature indicates minimal awareness of and sensitivity to historical, political, societal, and cultural influences that affect African Amer- icans. Additionally, there is a general absence of analysis of the implications of structural oppression-societal power based primarily on race, gender, class, socioeconomic status, sexual orientation, and physical abilities-occurring in the Eurocentric-based U.S. culture (for exceptions, see McCormick, 1997; and Pinzon, 1996). The literature also does not devote significant attention to exam- ining barriers to accessing mediation that may impede some African Americans from gaining knowledge or seeking out mediation services. Such barriers can include class or socioeconomic status, and cross-racial or ethnic communica- tion barriers (see Dominguez-Urban, 1997; and Gunning, 1995, for exceptions).

A significant portion of mediation literature focuses on the needs and con- cerns of the dominant, majority culture, or other European cultures outside the United States (Hairston, 1998). The literature explores issues that are examined from a Eurocentric-based, monocultural perspective, which assumes universalistic application of the mediation process without regard to cultural and ethnic differences among individuals. A Eurocentric perspective implic- itly assumes that the prototypical model for empirical investigation is Euro- pean American, male, and middle-class (Grill0 and Wildman, 1995; Horowitz and Boardman, 1994; Mabry, 1998). Horowitz and Boardman, referring to mediation, suggest that “current theory and practice neglect a variety of cul- tural groups in our own society” (1994, p. 198).

Some of the more popular titles that I was exposed to during graduate school (Bush and Folger, 1994; Fisher, Ury, and Patton, 1991; Folger and Taylor, 1984; Kochman, 1981; Kressell, Pruitt, and Associates, 1989; Lederach, 1995; Moore, 1996; Rothman, 1997) fail to offer a significant analysis of such factors as cultural and ethnic individuality. The literature also does not acknowledge the importance of examining the experiences of discrimination by culturally diverse populations, and the effect these factors have on the medi- ation process, participants, and mediators.

Mediation should follow the lead of other disciplines by incorporating the values and worldviews of African Americans into development of theories arid research in mediation literature. For example, within the academic disciplines and professions of social work, psychology, and education, there is a body of

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work that is culturally specific and encourages competent practice with African Americans (for example, Banks, 1996; Boyd, 1989; Devore and Schlesinger, 1987; Myers, 1993; and Solomon, 1976). Schiele (19961, writing within the discipline of social work, suggests this type of literature is produced because the values and worldview of African Americans are generally ignored and neglected by most of the mainstream literature.

Why Mediation Needs Culturally Specific Literature

Changes must be made to create mediation processes that are responsive to the needs of diverse populations (Duryea, 1992; Mabry, 1998; McCormick, 1997). Schiele, a social work practitioner and scholar, believes that “the failure to use the cultural values of people of color in developing new models can be viewed as an implicit expression of Western ethnocentrism, or the belief that Euro- centric values are the only values that can explain behavior and should be the basis for solving people’s problems” (1996, p. 284). Therefore, to borrow from social work, the study of African Americans must be approached from an eco- logical framework that considers social, political, cultural, and individual “accounts of human predicaments and possibilities” (Saleebey, 1992, pp. 4-5).

Cultural competency must be emphatically emphasized in mediation codes of ethics and standards of practice (Hairston, 1998). As of 1995, the Society of Professionals in Dispute Resolution (1996), the Academy of Family Mediators (19971, and the combined efforts of the American Arbitration Asso- ciation, the American Bar Association, and SPIDR had not addressed specifi- cally the components of working competently with diverse groups of people (see Feerick and others, 1995). Culturally competent mediation practice not only involves performing at a specialized level of measurable proficiency but also includes appropriate interaction that “avoids the violation of valued rules, norms, or expectancies in a given context” (Spitzberg, Canary, and Capach, 1994, pp. 184-185). Fortunately, progress is being made to generate aware- ness and produce concrete efforts to diversify the field of mediation (SPIDR News, 1998), including addition to the SPIDR Code of Ethics Section 3.5, enti- tled “Diversity, Multi-culturalism, and Non-discrimination.”

Ramifications of Invisibility in the Literature

The disparity of mediation literature and the invisibility of African Americans in the literature is problematic. The ramifications of this invisibility and marginalization can be divided into research-related issues and practice-related issues.

In terms of research-related issues, the political nature of knowledge construction must be critically analyzed and understood. The absence of any significant body of nonoppressive literature on African Americans suggests that those who have the power and privilege to determine which scholarship is

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most valued do not regard African Americans as an important primary subject for scholarly analysis. Thus, hegemonic control of knowledge production by persons in positions of power, privilege, and influence establishes a founda- tion and academic standard that renders issues of concern to African Ameri- cans unimportant and unworthy of scholarly attention.

Because of this form of exclusion, it can be stated that cultural bias and prejudice are embedded within the existing knowledge base and the theories that guide research. Thus, bias works to reinforce Eurocentric bias against African Americans to the point of marginalization or total exclusion from schol- arly endeavors. Literature that is produced without analysis of the effects of structural oppression and cultural and ethnic variables may have pathologiz- ing and stereotypical underlyng assumptions that view cultural differences as defects of the particular culture under investigation. Literature of this nature should not be allowed to be perpetuated within the discipline because of the potential harm to African Americans in practice and as they are portrayed in mediation literature.

The ramifications for practice-related issues with regard to the marginal amount of literature have deleterious effects on how adequately African Amer- icans are served by mediators practicing in both public and private settings. Mediators who do not have any meaningful contact with African Americans and do not possess adequate, nonoppressive knowledge of this population have the potential to commit malfeasance when working with the population. I t is unlikely that mediators are able to work effectively, impartially, or neutrally with the African American population (see McCormick, 1997). By introducing a basic understanding of the dynamics that affect the population-such as structural oppression, inequality, and discrimination-it is anticipated that mediators will be able to practice more effectively and appropriately with African American clients. This information, therefore, must be reflected in the literature and pro- vide a source of academic access for mediators wishing to transform their igno- rance of structural oppression and cultural differences among African Americans into competent, nonoppressive, culturally sensitive mediation practice.

Current Implications and the Potential Impact on Mediation Services Although it is not within the scope of this article to fully explore the dynam- ics of structural oppression, understanding of its dynamics is central to ana- lyzing the current status of African Americans.

Structural oppression can be defined as a system of embedded (occurring as normal and “the way it is”), interrelated barriers (such as racism, classism, sexism, heterosexism). These interrelated barriers function simultaneously to create a stratified caste system of groups that are collectively regarded and treated as “superior” and “inferior” within US. culture (see Andersen and Collins, 1995; Bonilla, 1996). The embedded and interrelated barriers function to dominate,

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coerce, marginalize, and control African Americans, who have been designated inferior and relegated to a subordinate position within society. The groups des- ignated as superior include European Americans, men, the upper-middle class and wealthy heterosexuals, and able-bodied persons (Grillo and Wildman, 1995). U.S. society is generally a stratified caste system structured and organized along race, class, gender, sexuality, and physical and mental abilities.

This caste system is the hallmark by which U.S. society and its culture is constructed and organized. Much of the continued oppression of this popula- tion stems from the historical organization of U.S. society and culture, which did not recognize African Americans (and others) as human beings worthy of the dignity, respect, and basic human and civil rights afforded to most Euro- pean Americans. This historical perspective perpetuates the denial and devalu- ing of cultural differences, values, and worldviews among the marginalized and oppressed groups (for further reference, see Asante, 1987; Bowser and Hunt, 1996; Collins, 1990; Frye, 1983; Gitlin, 1995; Goldberg, 1990; hooks, 1995; Howard, 1996; Lorde, 1984; Marable, 1997; Omolade, 1994; Pharr, 1996; West, 1995; and Young, 1995).

African Americans currently make up between 12.1 and 12.7 percent of the U.S. population, more than 31 million persons, with a projected growth to 16 percent by 2050 (Dana, 1993; Hacker, 1995). This population encompasses a unique combination of traditional African and contemporary African American ethnic and cultural traditions and influences. Critical analysis of the historical and societal contexts that African Americans have survived and that influence their current status is imperative because “the past must be viewed as the conditioning circumstances of the present” (Mintz and Price, 1976, p. 83). African Americans’ status is still affected by what Dana describes as the “continued virulence of racism in American society” (1993, p. 23). Cose (1993) suggests “the moment never arrives when race can be treated as a total irrelevancy” (p. 28).

One of the most powerful struggles for this population is overcoming the physical, mental, emotional, and spiritual ravages of structural oppression and inequality-the result of which within the African American population is dis- crimination in all aspects of their existence. In fact, discriminatory practices and oppressive conditions have continued to “relegate a vast majority of African Americans to a form of imposed submission through extreme poverty, exclusion from job opportunities that would provide security and stability, and the denigration of pride in self and the African American culture” (Allen and Burman, 1996, p. 207).

African American Worldviews

A worldview can be defined as the manner in which individuals perceive and interpret their reality The mechanisms by which one perceives and inter- prets reality are affected by various factors and life experiences, which are

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ecological in nature, that is, they have historical, political, cultural, and soci- etal contexts. In terms of African Americans, the historical and societal con- texts of structural oppression, inequality, and slavery are central mechanisms by which African American perceptions of reality have been constructed (Akbar, 1996). Worldviews have central components, including individual identity or self-concept, group identity, and beliefs and values (Dana, 1993; Myers, 1993; Sue and Sue, 1990). Each culture therefore develops a unique worldview that is influenced by ecological conditions of the larger, dominant culture. Lassiter reminds us that “since behavior patterns are not universal within any one culture, African Americans of diverse cultures and socioeco- nomic levels should not be expected to have the same values and needs or behave alike” (1998, p. 23).

Many African Americans have adapted and created a unique cultural and social reality within the context of structural oppression and inequality within the larger, dominant culture in the United States. That culture embraces the majority population, which includes political and social institutions. These institutions reflect their worldviews, values, beliefs, needs, and interests to the exclusion of African American worldviews, values, beliefs, needs, and interests.

Conflict Resolution Strategies Determined by Other Disciplines

The lack of available discipline-specific mediation research on conflict resolu- tion strategies among African Americans has made it necessary for me to rely on the literature of other disciplines that have researched the help-seeking and problem-solving behaviors of this population. African Americans use various types of conflict resolution strategies to manage their social problems and con- flicts. Further research on these indigenous forms of strategies will greatly enhance mediators’ understanding of the implicit conflict knowledge inherent with this population.

Generally, there is a preference for task-centered emphasis in formulating concrete, relevant goals that are culturally appropriate (Foley, 1988). Some African Americans prefer direct intervention from outside sources. In a psy- chological intervention session, for example, Paniagua (1994) found that African Americans discuss their core problems first with extended family, close family friends, and spiritual leaders for assistance, before conferring with pro- fessionals. African Americans are generally reluctant to seek help from outside sources because of their concern about the negative reaction of their family, friends, and community members.

A primary reason that many Africans-Americans do not seek intervention from outside sources is because of the heightened possibility for discrimina- tion by professionals. Intake procedures and information gathering by helping professionals is often viewed as intrusive. The intake process may increase sus- picion and resistance because African Americans generally place high value on

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privacy, because it is one of the few societal assets over which they have con- trol. I believe, from personal and professional experience, that if African Amer- icans are mandated to seek mediation services, as in a court-ordered scenario such as the legal system or children’s protective services, they bring with them their intrinsic fear of institutional racism and discrimination since these insti- tutions “tend to reflect more of the majority culture bureaucracy in their oper- ations” (Barnes, 1994, p. 121). Barnes also identifies the potential lack of available mediators of diverse cultural and ethnic backgrounds as another important factor to consider and suggests that “ethnic composition of media- tor pools and disputants involved in disputes within court-connected programs may not adequately represent surrounding communities” (p. 12 1).

The lack of mediators with diverse background may become a serious impediment because in cross-racial situations (where the professional is of a different race, ethnicity, or culture) some African Americans may view this per- son-particularly if the helping professional is European American-as unable to understand the contexts in which their problems or situations arose, or pro- vide adequate, practical help. Further research is needed to identify other approaches to resolving conflict among African Americans.

The Mediation Process

The mediation process is unfamiliar to many Americans. Therefore, it may be difficult to encourage certain cultural groups to come to the mediation table for discussion and negotiation of their conflicts. Mediation typically occurs in an unfamiliar setting, where participants are required to sit at a table and dis- cuss private issues. In addition, the mediator is most likely a stranger and often of a different cultural and ethnic background. This may not be viewed by some African Americans as a viable and culturally appropriate way to deal with con- flict (personal communication, Carol Ulmer, community mediation specialist, Dayton [Ohio] Mediation Center, Sept. 5, 1997). Because of the constant expe- rience of oppression, many African Americans have a healthy paranoia of Euro- pean Americans and those working in helping professions because of indirect and direct exposure to racism and other forms of discrimination (Mabry, 1998). For example, Mabry suggests that “people who are biased against other groups of people tend to reveal their prejudices more openly in private or closed meetings, like mediation” (1998, p. 427).

Issues such as these may be viewed as placing African Americans at a dis- advantage in the mediation process (see Delgado and others, 1985, Gunning, 1995). For example, Gunning (1995) suggesls that the first story or narrative told in the mediation process may carry prejudicial bias and must be moni- tored carefully by the mediator. Therefore, any issues around ethnicity or race, cultural differences, and class-between mediators and participants, and between participants-should be discussed before beginning the process to reduce tension and build rapport and trust. Language differences may create

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miscommunication and misunderstanding between the mediator and the par- ticipants and therefore lead to communication gaps, confusion, and frustration between the mediators and participants (Mabry, 1998). This is potentially played out by participants who, because of their life experience-which may be vastly different from that of the mediator-refuse to “translate” or explain the nuances of the meaning of their communication (Orbe, 1998). This issue must be considered because “the primary goal of mediation is communication between the parties” (Dominguez-Urban, 1997, p . 6).

Establishing rapport and trust is central to successful mediation. Without rapport and trust, mediation can be counterproductive for all parties involved. A mediator who is European American should ask African American partici- pants if they have any concerns about cultural and ethnic differences. Frank discussion of these issues or other potential barriers is helpful in reducing ten- sion, discomfort, and suspicion of the mediator and the process. Some medi- ation centers attempt to match mediators and disputants of the same race or ethnic group, or have an interracial team if possible. This particular scenario may be a helpful practice in reducing concerns among African American par- ticipants regarding the mediator’s ability to understand their specific cultural requirements.

An often-overlooked variable is class difference. Even if mediation programs and private practitioners employ African American mediators, all mediators must be able to relate across class differences. If mediators are unable to do so, the effectiveness of the mediation process is compromised because class differ- ence manifests itself in a multitude of forms. For example, some participants may have difficulty with literacy issues, causing comprehension deficiency regarding the rules and process of mediation as explained by the mediator. Finally, Mabry (1998) also reports that “empirical studies have shown that race affects negotiations. For example, when adversaries are members of the same race, they may bargain more cooperatively with one another . . . because they trust each other more easily than they trust people of different racial groups” (p. 420).

Practice Issues To ensure culturally competent mediation practice with African Americans, mediators must combine a strong conceptual base of discipline-specific knowl- edge with cultural awareness and sensitivity about this population. In addi- tion, mediators must engage in meaningful, genuine, and nonsuperficial interaction with individual African Americans. African Americans who partic- ipate in mediation generally look for certain qualities and behaviors in medi- ators, as a form of survival strategy in coping with racism and other forms of discrimination encountered in day-to day living. Positive qualities and behaviors that may be looked for include respect, dignity, sincerity, warmth, and the mediator’s willingness to hear their story Unfortunately, because of the

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persistence of racism and other forms of discrimination, many African Amer- icans instead encounter patronizing attitudes, condescension, and biased judgements from professionals across disciplines.

The absence or presence of these qualities and behaviors makes the dif- ference in how African Americans relate to the mediator and the process. Dominguez-Urban (1997) believes that cultural differences around “bodily lan- guage and its importance to effective communication” must also be explored. Therefore, after the mediator gains sufficient background information and cul- tural competency to work with this population, the process should be tailored to the specific needs of African Americans (Mabry, 1998). For example, Barnes (1994) offers the “sensitize-a-mediator model” used in Canada and the United States. In this model, mediators are trained in cultural considerations that are important to the community being served. Barnes also found bicultural com- missions made up of key people within the community coming together to prevent, manage, and resolve conflicts a promising alternative to serving diverse populations within a community.

Barriers to Accessing Mediation Services

Barriers to accessing mediation services is a conceptual model adapted to rep- resent the barriers or obstacles to accessing mediation services that African Americans may encounter in the larger dominant culture, within institutions and organizations, and on the individual level (see Grigsby and Hart, 1997). Barriers to accessing mediation services are identified on micro, mezzo, and macro levels.

At the macro level, barriers are identified as being located within the larger, dominant culture and environment. Barriers at this level reflect what is accepted as normal or naturally occurring. Therefore, because U.S. history has been shaped by a legacy of oppressive conditions, attitudes, and behaviors toward African Americans that are embedded within the culture, specific bar- riers can be identified that impede African Americans in accessing mediation services. These barriers include persistent prejudicial and discriminatory atti- tudes and behavior, particularly in institutional and social structures that restrict access and opportunity for African Americans within those institutional social structures.

In general, the U.S. population as a whole is still unaware of alternative forms of conflict resolution. Therefore, other specific macro-level barriers that can affect African Americans are lack of awareness about constructive, nonviolent, conflict resolution processes such as mediation; and availability of access to such programs within African American communities. Additionally, for some African Americans mandated mediation may be problematic because mediation programs-regardless of whether they are court-connected programs or received through court referrals-may be viewed as extensions of the criminal justice system. Many African Americans have perceived and

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experienced such institutional and bureaucratic agencies as the criminal jus- tice system and social services agencies as being hostile, unsympathetic, vio- lent, and adversarial to them (see Barnes, 1994).

At the mezzo level, barriers are located within organizational structures and institutions that mirror the dominant group’s cultural values. At this level, elements of the macro level are present, such as the embedded nature of oppression (particularly for people of color). Specifically, such organizational structures and institutions include mediation and conflict resolution academia, training programs, and public and private mediation programs that ignore the implications of cultural and ethnic diversity among populations.

Mediation organizations, institutions, and professional associations have formidable influence and power in all areas of the profession because they function as gatekeepers by constructing the values, attitudes, and behavior that professionals must follow to succeed within the profession. For example, the current state of mediation literature, practice, and research most generally does not address African American cultural requirements in terms of the mediation process. Because of the minimal amount of literature written specifically for this population, the conflict-resolution needs of African Americans are not addressed. For those professionals wishing to be culturally sensitive in prac- tice and research, their desire and effort to do so is made all the more chal- lenging and difficult (Barnes, 1994).

Consequently, there exists a void of accessible, nonbiased mediation liter- ature that would otherwise be available to mediation professionals and stu- dents. As long as this void continues within the field of mediation, mediators are unable to take cultural “variations into account as they assist participants to resolve family disputes” (Mabry, 1998, p. 460).

Finally, at the micro or individual level, African Americans are influenced by both macro and mezzo structures and environments. These issues include varying perceptions and views of the nature of conflict, approaches and styles of resolving conflict, and how the individual approaches management and resolution of conflicts. Variance among individuals is shaped not only by such factors as the amount of discrimination experienced but also by gender, socioeconomic status, and other factors.

Recommendations The recommendations presented here are derived in part from a review of mul- tidisciplinary literature and in part from my own conclusions. They are offered to encourage and promote a paradigmatic shift within the discipline and pro- fession of mediation.

First, the field should begin by producing nonoppressive qualitative and quantitative research that is integrated with practice, theory development, and research. This research should address the epistemology in which African American orientation to conflict, and attitudes and perceptions of mediation

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and other conflict resolution processes, are understood (see Merchant and Dupuy, 1996). This is necessary because as Duryea (1992) suggests, “theoret- ical underpinnings must be examined for cultural bias” (p. 1). Research of this nature can seek to discover the opinions and perceptions of African Americans who have participated in the mediation process, and research can further develop a typology of conflict behaviors and resolution strategies. Other areas of empirical research can include the impact of the mediator’s ethnicity, class, and culture, for example, and how African Americans relate to the medi- ator and the process. Research of this nature should seek ways to explore the role of a mediator’s cultural assumptions and biases, experiences of discrimi- nation, and other cultural variables that may affect the quality of mediation services received by African Americans who use the process.

Second, there must be a substantial increase of nonoppressive, accessible, published literature written for, by, and about African Americans. The avail- ability of literature that specifically addresses the needs of African Americans is crucial not only to serving this population well but also to meeting ethical and moral obligations to provide a process that is fair and does not harm participants directly or indirectly (Logan, 1996; Pinderhughes, 1988; and Saleebey, 1992). One way to ensure that the cultural values and worldviews of African Americans are included in the literature and research is to integrate an Afrocentric framework into practice and research. Afrocentricity is based on an African cultural system in combination with the values and traditions of the African American experience (Asante, 1988). An Afrocentric framework, in this context, is an alternative model that describes, understands, and reflects the realities of African Americans by placing their worldviews, values, beliefs, and life experiences at the center of empirical investigation and analysis (Asante, 1988; and Schiele, 1996, 1997).

A third recommendation is that academic and nonacademic mediation training programs as well as professional mediation associations make a com- mitment to incorporate culturally specific curricula as well as skills-based or competency-based training on the unique cultural values, traditions, and beliefs of African Americans. For example, although the current codes of ethics for professional associations such as SPIDR include sections on diversity, the goal should be to provide clear guidelines and to train practitioners and researchers for culturally competent, nonoppressive practice with this popu- lation (Barnes, 1994). As more literature and research is published regarding the African American population, this should become an obtainable goal, with measurable and hopefully positive outcomes serving to guide quality media- tion practice with the population.

Fourth, marketing and outreach initiatives to African American commu- nities must be conducted to promote awareness about the mediation process and other constructive, nonviolent conflict-resolution processes. What com- plicates this task is that community mediation programs are often understaffed and inadequately supported. With the assistance of volunteers and other

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concerned individuals, marketing and outreach initiatives could seek to edu- cate the community about the mediation process. The education process could include public service announcements, media and newspaper exposure, and grassroots efforts by community members and leaders. Such local efforts would see mediation practitioners and volunteers going into the community to con- duct speaking engagements and seminars to provide information and educa- tion about conflict in general, and mediation in particular (see Barnes, 1994, for an exploration of the community board model). One goal should be to train mediators within the African American communities who can then use their skills to improve community relations, build awareness about alternative, non- violent alternatives to conflict, and ultimately improve the quality of commu- nity life for everyone.

Fifth, provisions and support for community-based conflict resolution training and mediation programs should become a high priority, especially for mediators working at the public-policy level. Community-based conflict resolution training can work in tandem with marketing and outreach efforts to provide culturally sensitive alternatives to adversarial approaches to resolving conflict. The best solutions to social problems are often found by tapping into the implicit knowledge base already within a community (Lederach, 1995). Such efforts must be supported by local and state politicians, bureaucrats, and community leaders who have the influence and power to coordinate community-based efforts.

Sixth, commitment is needed to create and sustain codes of ethics and measurable standards of practice that hold mediators and researchers respon- sible and accountable for dismantling and eliminating oppressive attitudes within every sector of the discipline and profession of mediation. Codes of ethics and measurable standards of practice must provide the clearest guide- lines possible for mediators. Education and training programs should include a well-developed curriculum around diversity issues integrated with experi- ential, ongoing training that exposes mediators to a variety of cultural and eth- nic settings. Mediators must have the opportunity to develop cultural awareness and competency while clearly understanding unacceptable behav- ior-such as toleration of racism, sexism, classism, or any other form of big- otry and discrimination (Barnes, 1994).

Finally, the seventh recommendation suggests that mediation as a profes- sion and discipline must make a commitment to increase recruitment efforts to attract and retain more culturally and ethnically diverse people into the field of mediation. In terms of diversity (in the form of ethnicity or race, gender, and class, for example), the field still tends to be predominantly European Ameri- can, male, and middle-class (personal communication, Hamdesa Tuso, associ- ate professor, Master of Arts Program in Conflict Resolution, Antioch University, Yellow Springs, Ohio, Jan. 29, 1999). Of the small number of African American mediators working in the field, many are consumed by their practice and other professional obligations and have little time to devote to

African Americans in Mediation Literature 3 71

writing culture-specific literature on African Americans (personal communi- cation, Debra Sanders, faculty advisor, Master of Arts Program in Conflict Res- olution, Antioch University, Aug. 21, 1997).

Mediators from a variety of cultural, ethnic, and socioeconomic back- grounds, including diverse language backgrounds, must be recruited and retained to develop culturally sensitive mediation literature, and to provide conflict resolution services to the diverse U.S. population. Producing knowl- edge on the African American population in terms of the mediation process should not be the responsibility only of African American practitioners and researchers. Dismantling and eradicating discrimination based on cultural and ethnic difference must become a top priority not only for the field of medi- ation but for the global community at large. Cultural and ethnic diversity issues can no longer be ignored by mediation professionals (see Fn’Piere and Work, 1992/93; Moore, 1996). To provide quality and culturally sensitive and appro- priate services to everyone, mediation as a profession and discipline must take strides to be inclusive of cultural and ethnic diversity issues that affect both the participants and the mediators. Inclusion must become an integral part of the field and address such areas as curriculum development, mediator train- ing and skill development, codes of ethics, standards of practice, and mem- bership recruitment in professional associations (Hairston, 1998).

The recommendations I have proposed are a starting point. Further inves- tigation, research, and analysis are necessary. I believe that by starting with these seven recommendations, mediation professionals, academia, organiza- tions, and students of mediation and conflict resolution can begin the process of making a paradigmatic shift to become inclusive of African American cul- tural considerations (as well as those of other cultural and ethnic populations). The promise of this kind of mediation is to construct a viable service delivery system to manage, transform, and resolve conflict for all people, regardless of their cultural and ethnic backgrounds.

Conclusion

The goal of this article is to begin filling the void of mediation literature writ- ten for, by, and about African Americans. An extensive review of mediation literature and other discipline-specific literature (not contained in this article because of space limitations) illustrates the need for culturally specific litera- ture to guide practice and research. With the exception of Mabry (19981, mediation literature written for, by, and about African Americans is shame- fully minimal, and what there is is largely unavailable. A body of literature within a discipline provides the foundation and moral imperative that guides theory development, research, and practice. Because African Americans are excluded from mediation literature, it must be inferred that the field as a whole places little regard for the welfare of this population in terms of mediation services.

3 72 Huirston

To that end, this article offers a call to action: to correct an untenable sit- uation by beginning to build a solid body of scholarly research and measur- able practice standards for including African Americans in mediation literature. Because of the importance of literature to the discipline of mediation, exam- ining the literature is a necessary starting place. By improving and building upon the existing body of literature, I hope-and remain optimistic-that the literature will serve as a road map to direct mediators’ efforts and assist them in accomplishing the goal of providing culturally competent, high-quality mediation services to African Americans.

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Cherise D. Hairston is a 1998 graduate of the master of arts program in conflict resolution at Antioch University. Since 1990, she has worked with victims of domestic violencefor the YWCA Dayton and Artemis Centerfor Alternatives to Domestic Violence in Dayton, Ohio. She is currently the coordinator of civil domestic violence sewicesfor Artemis and a volun- teer mediator for the Dayton Mediation Center.