An underlying premise in mediation is the idea that there are possible shades (or at least multiple interpretations) of truth in any given situation. Hence, a dispute may be resolved by discussion if parties were able to see the other person's point of view and understand it (if not accept it). A doctor accused of negligence can understand the parent's anger, even if he/she rejects responsibility for the incident. A spouse can be helped to see how a different perspective would put events in an entirely different light. So we encourage parties to talk on and on, re-framing the language, questioning the assumptions, and at all times seeking a shared reality.
Here's a reality much more difficult to mediate. Is waterboarding torture? Take a look at this article on www.vanityfair.com/politics/features/2008/08/hitchens200808. There's a link to a video showing the waterboarding experiment carried out. It matters to me, a Malaysian, that America stops such questionable interrogation techniques, because I live in a country where questionable interrogation techniques have been alleged to be applied even in regular, non-terrorist, non-war scenarios. Who would have the moral high-ground to tell my government to stop such misconduct if America goes down the road of waterboarding? Zimbabwe?
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E-mail me with your questions or comments at khenghoe@mycounsel.com.my.
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