rebecca carroll-bell & sam carroll-bell- comparing the east timorese practice of nahe biti with...
TRANSCRIPT
Comparing the East Timorese
Practice of Nahe Biti with the
LEADR Mediation Model
Rebecca Carroll-Bell
RCB Mediation Services
Sam Carroll-Bell
Globalism Research Centre, RMIT University
Presentation Outline
1. Social Context of Nahe Biti
2. Philosophical Underpinnings of Nahe Biti
3. Procedural Acts and Mechanisms
4. Mediation in the Australian Context
5. The LEADR Model
6. Comparing Notes
Social Context
An Uma Lulik (Sacred House) in
Lospalos stands alongside a
‘community mediation centre’ or
sacred meeting place.
Photo: J. Patrick Fischer
24 June 2002
Patterns of Social Integration
Customary
Traditional Modern
Organization
Kinship / Genealogy
Co-existence of living,
ancestral and natural worlds
Institution
Common cosmology /
Connection to physical world
Merit
Secular, scientific, rational.
Communication
Face-to-face Relations
Exclusive oral language
Emergence of print /
Codification of language
Shift to digital printing and
other electronic forms
Production
Hunter / Gatherer
Move to manipulate nature /
Emergence of trade routes.
Shift to formal industrial
modes and markets.
Exchange
Barter / Reciprocal
Physical currency Digital transfer
Ontological Formations
Adapted from P. James (1996, 2006, 2012) and D. Grenfell (2008 and 2012)
Philosophical Underpinnings
Bringing people together
on the big mat
Photo: RDTL Secretary of
State for Arts and Culture
2 August 2013
Philosophical Underpinnings
Hun and Rohan:
Linking the past (Hun)
and the future (Rohan)
through consensus.
Picture: Madison Murphey
Procedural Acts and Mechanisms
Aggrieved parties approach Lia Na’in
Lia Ni’an calls for Nahe Biti
Selection of Heda (Palm leaves) and weaving of Biti*
Reception of aggrieved parties
Opening statements
Discussing origins and future – Rohan and Hun
Exploring Issues
Establishing consensus*
Oath of Loyalty*
Closing Statement*
Symbolic act(s) of reconciliation / contrition
Selection of Heda - Weaving of Biti
A Biti Boot
(Large Mat)
Photo: Elfonso Vinte Tres
13 August 2010
Establishing Consensus
For the East Timorese, consensus is merely a process that must take
place in order to move from hun to rohan: to re-establish balance
and harmony, and to ensure future unfolds as it was meant to be.
Lia Ni’an (Spiritual Leader)
and Liarui (Political Leader)
oversee a Nahe Biti in
Viqueque
Photo: Matthew Crook
4 March 2009
Oath of Loyalty
A blood oath is taken and a
sacrifice is offered in front
of the Uma Lulik at Atabae
Photo: RDTL Secretary of State
for Arts and Culture
2 August 2013
Nahe Biti Closing Statement
‘Saida mak ladiak haluha tiha ka monu hela iha ne’e,
labele louri ba liur.
Maibe buat nebe mak diak lori ba hodi fo hatene ba,
no hanourin, oan sira.’
Translation:
What is bad should be forgotten,
and should not be taken home with you.
However, you may take the good things to tell,
and to teach, your children.
Mediation in the Australian Context
Customary
Traditional Modern
Organization
Kinship / Genealogy
Co-existence of living,
ancestral and natural worlds
Institution
Common cosmology /
Connection to physical world
Merit
Secular, scientific, rational.
Communication
Face-to-face Relations
Exclusive oral language
Emergence of print /
Codification of language
Shift to digital printing and
other electronic forms
Production
Hunter / Gatherer
Move to manipulate nature /
Emergence of trade routes.
Shift to formal industrial
modes and markets.
Exchange
Barter / Reciprocal
Physical currency Digital transfer
Mediation in the Australian Context
The Mediator Standards Board (MSB) is the central Australian
entity responsible for the development of the National
Mediator Practice Standards (‘the Practice Standards’) and
the implementation of the National Mediator Accreditation
Systems.
The Practice Standards describe the mediator’s role as to
“assist two or more participants to manage, settle or resolve
disputes or to form a future plan of action through a process
of mediation.”
The LEADR model
Established in 1988, LEADR is a not-for-profit organisation
providing training, accreditation and support to mediators
and other ADR practitioners.
The LEADR model of mediation provides a framework for the
mediation process, which retains flexibility and can be
adapted to suits the parties to and circumstances of the
dispute.
Comparing Notes
Briefly, we will now compare a few of the Practice Standards
to the process of Nahe Biti.
Confidentiality (Practice Standard Part 6)
Procedural Fairness (Practice Standard Part 9)
Power Issues (Practice Standard Part 4)
Impartial and Ethical Practice (Practice Standard Part 5)
Confidentiality
Parties to mediation are encouraged to have full and frank
discussions without fear that those discussions can later be
used as evidence in court proceedings (Sourdin 2012).
“[T]he mediation process was intended to facilitate settlements
between parties, not provide them with another battleground”
Rajski v Tectran Corporation Ltd [2003] NSWSC 476 per
Palmer J
Confidentiality
Nahe biti is an open process,
witnessed by the entire
community.
The reception of the parties
is a formal, public
ceremony.
Procedural Fairness
“A Mediator will conduct the mediation process in a
procedurally fair manner.”
What is meant by ‘procedural fairness’?
Dr Patricia Marshall’s 4 criteria
Forming the biti provides procedural fairness or at least
transparency and consensus around procedures
Power Issues
“Mediators shall have completed training that assists them
to recognise power imbalance and issues relating to
control and intimidation and take appropriate steps to
manage the mediation process accordingly.”
Family Dispute Resolution
Commercial and civil dispute resolution
Lian Na’in managing the dispute resolution process
Impartial and Ethical Practice
“A mediator must conduct the dispute resolution process
in an impartial manner and adhere to ethical standards of
practice”
What is meant by ‘impartial’? Is it always culturally
appropriate?
A LEADR mediator must conduct the mediation in a
manner that is free from favouritism or bias, and is
bound by existing ethical standards applicable to their
area of practice.
Can a Lian Ni’an remain impartial?
Contact
Sam Carroll-Bell
Globalism Research Centre
RMIT University
Phone: 03 9925 1921
Email: [email protected]
Rebecca Carroll-Bell
RCB Mediation Services
Phone: 0411 770 125
Email: [email protected]