Originally from:
AAA Handbook on Employment Arbitration and ADR - 2nd Edition - Hardcover
AAA Handbook on Employment Arbitration and ADR - 2nd Edition - Electronic
Preview Page - CHAPTER 18
ADDRESSING RACE AND CULTURAL CONFLICT
IN EMPLOYMENT MEDIATION
Johnnie Scott Jr.∗
I. Introduction
Today, race and culture-related disputes, especially in the workplace,
are often addressed in mediation. In contrast to litigation, mediation has
proven to be one of the most cost efficient and socially beneficial
methods of resolving workplace disputes. Mediation is a problemsolving
process wherein a third-party neutral assists the parties to the
dispute through structured negotiations. The neutral endeavors to aid the
parties in analyzing their problems and generating solutions through the
exploration of options.
While disputes always introduce interpersonal dynamics, in disputes
alleging racial discrimination or cultural differences, there is also an
intrapersonal component. This denotes that, in addition to dealing with
the parties’ subjective feelings about each other, the parties must contend
with their individual feelings and biases regarding the issues of race and
culture. The intrapersonal component harbors the perceptions and
stereotypical responses an individual has cultivated relating to other
races and cultures. These perceptions and responses have sometimes
been reinforced and fostered by social mores that either encourage such
beliefs, or at the very least, do very little to engender acceptance of other
racial and cultural groups in the broader social structure.
Johnnie Scott Jr. is a San Francisco-based mediator and arbitrator who serves on the
American Arbitration Association’s roster of neutrals. Previously, Mr. Scott served as an
administrative judge with the Equal Employment Opportunity Commission and as a
commissioner of mediation with the Federal Mediation and Conciliation Service. He also
has worked as a mental health specialist and counselor.
