One of the most notable U.S. presidents is Abraham Lincoln. While he was best known for freeing slaves and leading the country out of the Civil War, what most do not realize is that he was a lawyer who literally discouraged litigation. He apparently also could relieve tension by cracking a good joke. It is powerful to imagine how Lincoln inspired harmony through alternative dispute resolution and humor.
President Lincoln was perhaps most famous for signing the Emancipation Proclamation in 1863, which on paper gave slaves their freedom. Lincoln also led the nation through tumultuous civil war and post-war reformation periods.
Many agree that his leadership dramatically changed the trajectory of the nation for the better. Beyond abolishing slavery, Lincoln’s dedication to the law and what we now call alternative dispute resolution (ADR) has paved the way for more peaceful means of resolving conflict.
Discourage litigation
Quite often, our instinct is to resolve conflict through adversarial approaches, such as litigation. As a self-trained lawyer, Lincoln was a proponent of alternatives to litigation that would promote self-determination and social harmony. It was evident to him that out-of-court resolutions achieved were more satisfactory than those determined within the courtroom.
In notes made in preparation for a law lecture, Lincoln writes:
“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser—in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business enough.”
Litigation often results in higher monetary and emotional costs than mediation. This is in part due to the nature of the format of the two. Turkish lawyer, Dr. Vahit Biçak explained in an interview with IMA that in mediation, one of the best known ADR practices, the conversation is focused on interests, while in the courtroom, the conversation revolves around rights and positions.
Promote interest-based negotiation
Interests are what a person really wants, but often they are unable to articulate. Because most people fear conflict, they will become fixated on trying to get as much as they can out of a negotiation. Instead of coming with a willingness to negotiate, they have a limited idea of what they have already decided to accept. This drives the conversation toward what they’re entitled to, instead of what they actually want. They become focused on their positions, versus their interests.
Discussing interests has a much higher likelihood of reaching a satisfactory resolution. Rights-based or position-based bargaining, while appropriate in some situations, typically yields the opposite effect. In fact, it is nearly impossible to negotiate over positions. Moreover, position-based bargaining is not about finding a win-win solution, but rather win-lose and who’s right and who’s wrong. Alternatively, interest-based conversations invite parties to co-create a better future.
A critical distinction between litigation and mediation is the agency that parties have over the outcome. The more power a person has over the process, the more likely they are to be invested in the outcome. IMA-trained mediators are coached on how to ensure that parties feel in control of the process. Strategies, such as not intervening in any way with the resolution can encourage parties to be transparent about their interests and needs.
Mediation makes society better
Lincoln also believed that alternatives to litigation, or ADR, were better for society at-large. Conflict addressed in the courtroom can leave people dissatisfied and often fuel additional conflicts.
At IMA, we promote mediation as an ideal alternative to litigation. Conflicts that are mediated focus on identifying and resolving the underlying issues. As parties negotiate what they are willing and not willing to do to get what they want, they typically reach a resolution they can both live with. While the agreement may not ultimately be what each person set out to attain, it will likely leave parties more satisfied than if they were constrained by an adversarial, rights-based or win-at-all-costs approach.
Some mediators believe Lincoln’s views on dispute resolution align with a framework known as transformative mediation. Transformative mediation is centered on self-determination of the parties. As practitioner Dan Simon explains, “Transformative mediation inspires clients to stand up for themselves, while facilitating their understanding of each other.” The process may illuminate not only the issues involved in the conflict, but the parties’ own communications or processes that are getting in the way of reaching a resolution.
The reflective process that is required of parties to effectively engage through mediation can positively impact how individuals learn to interact with one another. In effect, society benefits when disputants become more aware of the ramifications of what they do. More importantly, social harmony is preserved when people can work out their disputes through non-adversarial approaches.
Humor inspires cooperation
Lincoln also modeled techniques that can be used to diffuse conflict. University of Colorado-Boulder Ombuds and IMA-trained mediator, Elizabeth Hill discusses the ways in which the president used humor to alleviate tension in conflict. She specifies that productive humor is “absent of sarcasm and ridicule” and “can disarm others, defuse conflict, and strengthen relationships by bringing levity to almost any situation.”
Abraham Lincoln was able to use humor without neglecting the seriousness of a situation, but also engaging decision-makers to stay invested. Hill explains that humor is helpful as it encourages authenticity, cooperation, flexibility, and reconnection. A skilled mediator is also able to reflect Lincoln’s ability to facilitate a calm atmosphere in the midst of a conflict.
Seasoned mediators may also rely on humor to break impasse. In these instances, humor can help create an environment that is conducive to resolution. Humor also has the ability to put the situation in perspective. Conflict can be overwhelming and feel hopeless. However, a mediator can use humor to remind parties that the situation may not be as serious as they think it is.
Encourage harmony like Lincoln
Abraham Lincoln’s commitment to fostering peace was evident in how he supported individuals as they navigated conflict. His dedication to conflict resolution led him to acknowledge the benefits of alternative dispute resolution, most likely before the term had been coined.
ADR has the potential to leave parties and society better off. Through mediation, for example, parties have the opportunity to discuss their interests and negotiate a resolution that is mutually-satisfactory. The process of mediation also requires individuals to create and own their agreements, which not only benefits the parties but society at-large.
Lincoln’s unique ability to infuse humor into tense situations encouraged key decision-makers to stay involved. When used strategically, humor can lighten the mood, refresh parties and intensify their commitment to negotiating an agreement.
How can you inspire harmony like Abraham Lincoln? Join over 300 mediators worldwide currently building mediation skills through IMA training. Together, we can build upon Lincoln’s legacy.
