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Introduction:
Civil rights mediator Efrain Martinez talks about building, losing, and mediating with and without trust.
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This rough transcript provides a text alternative to audio. We apologize for occasional errors and unintelligible sections (which are marked with ???).
Trust and Distrust
Efrain Martinez
Former CRS Mediator, Houston Office
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[Full Interview]
Question: Let's switch gears a little bit and talk about trust. We've
talked a lot on Monday about how you generate trust.
How
important is trust, can you operate if you aren't able to gain
trust the trust of the parties?
Answer: I don't think so. At least a certain level of trust. You talk
about absolute proof, or proof beyond a reasonable doubt. You
don't have to have absolute trust, but it must be enough trust to
be able to do the job. I guess that can vary with different
people; some people trust you more, some people trust you less.
But you're not asking them to trust you, you're just asking them
to consider what is being proposed or consider options that
you're proposing or your presentation of different perspectives.
They decide on that. Also, once I've met them, they make the
judgment of if I was true to what I said I was going to do or
not. Did I hold things in confidence that they wanted me to?
Did I talk to those people that I said I was going to talk to?
So maybe not necessarily trust, but there's a working
relationship. And as long as there's a working relationship,
that's all we need to be effective.
Question: What
about trust between the parties?
Answer: I guess it's pretty much the same. They test each other out.
If they establish a working relationship based on whatever
they're going to do together, then the process itself begins
creating this trust among them. You can't just say, "Hey trust
me." They never have total trust, especially if there's been a
history of mistrust, but a lot of times that mistrust is based on
misunderstanding, or lack of understanding. So through a process
it creates an opportunity for trust.
Question: Have
you ever run into a situation where you're doing well at building
trust between the parties and then one of them does something
that breaks it all down? They violate an agreement or something
they said they were going to do, or they leak information?
Answer: There might have been where they perceived that there was a
breach of confidence. We analyze whether there was or wasn't,
and if there was, what effects does it have on the overall goal
that they're trying to achieve. If they see it to their benefit
to keep discussions going because they see they're benefiting,
although somebody slipped up somewhere, then it's not really
important when you look at the big picture. But they have to
decide that. Since discussions are voluntary, they can withdraw
any time. They have to decide if it's worth it for them to keep
going, in spite of the fact they thought something had occurred.
But also you can have them talk it out and maybe it was a
misunderstanding, it wasn't that person's perception that what he
or she was saying was violating the agreement or there was a
breach of confidence let's say. They need to see that by
continuing the dialogue everybody's going to be better off.
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