Would Aristotle make a good mediator? The place of virtue ethics in the make up of a good mediator.

Much has been written, elegantly ,emphatically, passionately and powerfully, about the mediation process but much less exists about the requirements or character qualities that make a good mediator. Writings on the latter exist as lists of “must have” qualities (see Imperati,S.(2017) , and Fraser,Wilson & Bryan (2017))..

Paraphrasing these and other writers, a good mediator requires the intellect to hear, feel and understand each participant’s actions, reasoning, and emotions, process this practically and objectively and reflect back understandable, credible, even compassionate, non-judgemental information. Simultaneously, the mediator’s cool, calm, collected and compassionate demeanour is meant to be comforting, emotionally levelling and removing “stinking thinking” in the participants. However, there are no given ways or means of accessing or enhancing any such qualities in mediation articles and manuals.

This article posits that a good mediator is good because of acquired, learnt and habitual use of character traits that have become so much part of her as a mediator that she* uses them unconsciously, she will just know how to conduct a successful mediation. Aristotle (384-322 B.C.) recognised the universal potential and/or availability of such traits (which he called ‘virtues’) and developed concepts and pathways whereby they could be identified, developed, learnt and taught to others.

ARISTOTLE

Some two thousand and sixty years ago, a young Greek lad, Aristotle’ unable to make a career as a tennis player, came to Athens. He became entranced by the words, ideas and teachings of Plato. The pupil soon became the master. Being an exceptional observer, thinker, planner and builder of minds, Aristotle constructed a working model of how a person could excel as a ‘good person’, leading and flourishing in a good life thus finding satisfaction, success and happiness . He called this state, ‘Eudaimonia’. Within this state a person would be able to process information, emotions and feelings and reach the right decision/conclusion/action.

Aristotle’s Virtues

Aristotle conceived two types of virtues:

· Intellectual virtues or virtues of the mind, and

· Moral virtues or virtues of the will/soul, of desires, feelings and emotions.

These two groups are closely interconnected:

“The will moves the intellect and the intellect moves the will”. (Dumler-Winckler,E.(2018)(pg.86))

Aristotle’s Intellectual Virtues

Aristotle surmised that every human being inherits the Intellectual Virtues but in an incomplete form, varying form one person to another. They can be further developed and enhanced by a person’s upbringing, education, habituation and age/experience.

He identified five categories, of which he favoured Practical Wisdom (Thinking):

· Practical Wisdom (Phronesis)

· Nous (intuitive reason)

· Scientific Knowledge

· Artistic-Technical Knowledge

· Philosophical Wisdom

For a mediator, the virtues of Practical Wisdom and Nous may provide the most helpful areas to examine.

Practical Wisdom/Practical Thinking: “There are two components to practical wisdom. First, it involves an intuitive knowledge of our ultimate purpose in life. In a nutshell, our ultimate purpose is to be community-oriented, rational creatures, and each properly formed virtue contributes to fulfilling this ultimate purpose. Second, practical wisdom involves deliberating about and planning the best way of attaining this ultimate purpose.” (Fieser,J. (2017).downloaded from :https://www.utm.edu/staff/jfieser/class/300/virtues.htm)

Practical thinking is part of a process that concludes with a practical wise action and involves: discernment reflection of past and current events/actions/activities assessment deliberation determination of appropriate action

Mediators would see the expression of Practical Wisdom in listening to both parties to the mediation, reflecting back the opposing explanations leading onto agenda setting. It helps keep the mediator grounded during the conversations, helps the framing of open questions and is invaluable in the one-on-one sessions and BATFA/negotiation deliberations.

Concurrently the mediator finds the participants subtly changing their thinking and positional stances moving slowly to more practical outcomes and settlements agreements.

How does a mediator become a natural Practical Thinker? By aiming for excellence in mediation; by reading widely; by regular reflection of mediations and of life; by sharpening their mind with puzzles, crosswords and cryptic crosswords; by associating with contacts that are skilled practical thinkers; by regular mentoring/supervision sessions; by being part of face-to-face or online learning groups (communities); and by attending/contributing/ mixing within PDA activities (arrive early, attend and stay after for a chat). NOUS/Intuitive Thinking This is the “Light bulb switches on”, "the “Eureka!” moment when the mediator intuitively reasons a pathway or process that moves the mediation to a better place. It is part of a learnt habit that includes reflection, mindfulness and moving to a state of calmness and satisfaction-control of or within a situation.

Aristotle’s Moral Virtues

Most philosopher-writers agree on Aristotle’s original twelve (12) Moral Virtues (see Table No.1), although some insist at times on a substitution for a new favourite/mindset e.g. compassion/caring as part of Carol Gilligan’s Care Ethics (Introduced by Gilligan, In a Different Voice, 1982, Ch. 3)

Courage - bravery

Temperance - moderation

Liberality - spending

Magnificence – charisma, style

Magnanimity - generosity

Proper ambition/pride

Patience/Good temper - calmness

Truthfulness - honesty

Wittiness – humour, joy

Friendliness - sociable

Modesty - ego

Righteous indignation – Justice

Table No 1. Table of Moral Virtues ( list above is adapted from: Aristotle (1955). The Ethics of Aristotle: The Nichomachaen Ethics. (rev. ed.) (J. K. Thomson, trans.). New York: Viking. P.104

Few could rightly claim excellence in each of these virtues. Aristotle suggests, like training for a marathon, to aim for self-excellence (the best you can do, for whatever reason) as being acceptable. He was also realistic (prudent & practical) in suggesting that for each person excellence in any one virtue was a variable spectrum or sliding scale, from excess to deficiency. He suggested establishing a mean point (not half-way) that was the best level or excellence for you. (See Table 2.). Each and every one of these virtues interacts and is incorporated into the mind/intellect and processed through practical thinking to achieve the right, good and proper practical wisdom-driven decision/action/outcome.

Mediators can identify with these virtues and with reflective hindsight and prudent thinking can grade themselves and work to improving inadequacies/deficiencies. Mastering these virtues can engender an aura of competence and integrity and increase a mediators’ persona, demeanour, thinking processes, and outcomes.

The How could involve reflection; reading philosophy (perhaps starting with the introduction and the conclusions and ignoring the big/funny words); reading self-help/self-motivation books, articles, internet and YouTube; by mixing with supportive and stimulating company; exercise and even walking in peaceful scenic surroundings.

Table No.2. TABLE OF VIRTUES AND VICES. Aristotle (1955). The Ethics of Aristotle: The Nichomachaen Ethics. (rev. ed.) (J. K. Thomson, trans.). New York: Viking. p. 104.

There are similarities between between Aristotle 's virtues and Bowling and Hoffman's description of an ideal mediator :

empathetic

nonjudgmental,

patient,

optimistic,

persistent,

trustworthy,

intelligent,

creative, flexible,

and that they have

a good sense of humor

and common sense

( Bowling & Hoffman: Bringing Peace into the Room. The Personal Qualities of the Mediator and Their Impact on the Mediation)

Conclusion

Yes, Aristotle would have made an excellent mediator. He practised that which he taught, lived the Good Life and continued to learn as he aged. Two thousand years on, his teachings, concepts and virtues continue to provide modern-day society with guidelines for behaviour, justice and mediation.

Blog by David Mitchell MHM, MB,BS, FAMAS, PRI NMAS

#Mediation #Conflict resolution