About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

20 Update on L. Related Educ. 32 (1996)
Mediation Hawaiian Style

handle is hein.journals/ulred20 and id is 98 raw text is: Mediation Hawaiian St le In the Hawaiian culture, mediation entails afar deeper un erstanding of conflict than is typical in mainstream America. Manu Aluli Meyer and Albie Davis Update on Law-Related Education, 20.2, 1996, pp. 32-33. © 1996 American Bar Association. ediation, broadly defined as an intervention between con- flicting parties to promote reconciliation, settlement, or compro- mise, is construed in various ways in different cultures. Mainstream Amer- ica views mediation as problem solv- ing-taking two divergent outlooks, finding a common ground, and merg- ing the different positions through mutual give-and-take. As an elemental example, a son might say of his mother: She never listens to anything I have to say. And the mother might respond: He never talks to me about anything. A main- stream mediator would level the play- ing field by pulling the two's thoughts together and concluding that the essence of the problem is simply a Manu Aluli Meyer is a doctoral can- didate at the Harvard Graduate School of Education and author of Ho'oponopono-To Set Right: A Hawaiian Peacemaking Process (Cambridge, Mass.: Harvard Grad- uate School of Education, 1994). Albie Davis is director of mediation for the 69 Massachusetts District Courts and a volunteer with Urban Community Mediators (UCM) in Dorchester. Adapted from Manu Aluli Meyer and Albie Davis, Talking Story: Mediation, Peacemaking, and Culture, Dispute Resolution Maga- zine (fall 1994): 5-9, with permission of the authors. Illustrations by Lei Respicio, Hawaiian Leadership Development Program-University of Hawaii at Hilo. lack of communication. Both parties would thus be advised to listen more closely to what each other has to say and respond accordingly. Mediators in these instances try to take issues that come to them as negatives and repack- age them into something that can be dealt with on an affirmative basis. This would not be the case if the traditional Hawaiian approach to me- diation were applied. Native Hawai- ians would rely on ho'oponopono, which is based on the proverb Aloha mai no, aloha aku; o ka huhu ka mea e ola 'ole ai. This means, When love is given, love should be returned; anger is the thing that gives no life. Ho 'oponopono is premised upon love (aloha), and its literal meaning is set- ting to right or to make right. The entire concept of Hawaiian mediation is based on harmony. Conflicts are perceived as disruptive and the cause of family imbalances. The resolution thereof is couched in clear terms that work toward returning to balance and harmony. Applying ho 'oponopono means to untangle the tangled rope (the conflict), and to straighten out the weave of the family fabric. In Hawaiian culture, the fami- ly is central and the internal relation- ships are the threads that bind it together during both harmony and conflict. Harmony is the link that binds a family together, while ho'oponopono is the clasp that keeps the links together. Conflicts are seen as holistic, so that if one member of the family is suffering, all members are asked to aid in the healing process. This may entail both physical and spir- itual considerations, and thus problem solving is aided by placement in the family and community context. Native mediators are known as hakus, or facilitators. Hakus have the responsibility for untangling the rope or, put another way, of unpeel- ing the onion in order to get to the heart of the conflict. In the example of the mother and son's failure to com- municate, the haku would attempt to determine the root of the problem. Perhaps the son feels unloved for some deeper reason, and the percep- Climb the cliff like a black crab. Go beyond your limitations! The a'ama crab lives in the splash zones of the ocean. This is where waves crash on rocks. The crabs must be smart when they move, how they move, and where they move. They are symbols of persistence and courage. Be like an a'ama crab and persevere so that you can break through your own self- defined limitations. 32 UPDATE ON LAW- RELATED EDUCATION/Conflict Resolution 2 N 2 VOL. 20 NO. 2

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most