What's Better Than the Rule Of Law?

Have you ever read a book that had the power to open your mind spiritually and intellectually? The more I read Mediating Dangerously the more I understand what the scriptures are saying about lawyers. Lawyers are not bad people it is the adversarial nature of law that is an affront to God.

I find it interesting that most people believe the Bible teaches black and white thinking. These are the people that believe black and white thinking is good. The rule of law is good because it sets boundaries so we can live in large groups and respect each other. It is not good if it prevents people from being heard and finding justice. Lenny Bruce said: "the only justice in the halls of justice is in the halls" If you have ever gone to a trial you probably know what he is talking about.

Justice is not the adhering to the letter of the law. The letter of the law is power, winner or loser, If victory means telling half truths, denying responsibility, withholding crucial information, using selective questioning then justice will not resolve conflict it will only decree a winner and a loser. The person with the most expensive and manipulative lawyer will win. In controlling and containing conflict we lose the ability to have compassion, integrity, generosity, honesty and the opportunity to turn an enemy into a friend. Nothing is learned, issues remain unresolved and people continue to disagree and suppress their anger.
This is what the scriptures are telling us when they talk about Lawyers and the letter of the law. Law sets the guidelines for interest based negotiations, mediation brings resolution of conflict. . What we need is the spirit of the law.

In the book on page 169 Ken talks about What is Better than the Rule of Law. In the case of my friend that is struggling with the idea of a Union I will suggest that she buy Kenneth Cloke's Book Mediating Dangerously. Instead of starting a Union put forth the idea to management that Mediation might be a better choice. Mediation is done with the person who makes the decisions and has the power to change things. A Lawyer can be present on both sides to handle contracts but the process of voluntary communication, honesty, empathy and humanity succeeds where a confrontational situation would financially crush employees and agitate management. One must decide what kind of resolution do you desire? Communication or power struggles.

Since Mediation is done by an un-bias Mediator who can be discharged if any party feels they are being coerced or manipulated it make sense to go with the most open type of communication. A Union would be the next choice or all the employees could have a fund to hire a slick lawyer every time their is a disagreement. Envision that for cost effective negotiations.

Don't get me wrong I was all for Unions until I realized there is a better way now. In our parents day Unions were the only choice because Robber Barons wouldn't talk to commoners. It takes both sides to find a resolution to any conflict.

I would ask if the Mediator has read Ken's book and what they thought of it before you start negotiating. Also find out what the laws are concerning certification of Mediators in you State. Nation wide the highest standard is forty hours of instruction, ten hours observing, another ten hours of co-mediating and then passing the ethics test.

When your seeking better working conditions you need someone who has everyones best interest at heart. Remember it is not about giving up something to get something it is about communicating and building interest based communities.