Originally from Dispute Resolution Journal
Preview Page
Mediation is not only a form of alternative dispute resolution but
also an art, a skill or even a “work-in-progress” that takes years to
refine, not unlike a playwright’s craft. A standard definition of
mediation is as a forward-looking problem-solving process where
parties in conflict are assisted by a neutral and impartial third party.
Shakespeare’s works are saturated with conflict, showcasing
entrenched disputes like those between the feuding Veronese
households of the Montagues and Capulets from which “ancient
grudge break / to new mutiny” in Romeo and Juliet; between
Shylock and Antonio, the merchant of Venice, wrangling over a
pound of flesh; and even between King Lear and his daughters
squabbling over their parceled inheritance. And yet, no one turns to
mediation in these instances; obviously, there would be no drama to
incite Shakespeare to put quill to parchment but for conflicts left
unmediated.
Even so, mediation appears in Shakespearean works. Focusing on
two skilled mediators in Measure for Measure and a third in The
Tempest will allow us to unpack some of the strategies, tactics and
hidden talents stowed in the mediator’s toolbox. Obviously,
Shakespeare does not present pure instances of mediation: sit-down
meetings and shuttle sessions are not conducive to dramatic theatrical
productions; neither are neutrality or impartiality—two cornerstones
of modern mediation. And yet, once we make these few concessions,
Shakespeare’s oeuvre unfolds before us, revealing countless would-be
mediators rummaging for anything from a fine chisel to a
sledgehammer. While some mediators prove more capable than
others, a close reading of the plays can best demonstrate their skills,
techniques, tactics and some familiar traps.
I. A NOVICE NUN BUT AN EXPERT MEDIATOR IN
MEASURE FOR MEASURE
The play draws on the expertise of two skilled mediators. The first
is Isabella, a novice about to enter the convent, who finds out that her
brother, Claudio, is the first person to be sentenced to death for
adultery. Isabella is summoned to bring sense to Angelo (the
substitute duke who has reawakened this blunted law) and to procure
a pardon for her brother. Claudio begs his friend Lucio to send for his
sister, knowing that “she hath prosperous art / When she will play
with reason and discourse, / And well she can persuade.” Isabella’s
powers of persuasion are really mediation tactics. In pure mediation,
choosing an appropriate mediator is an important process. Both
parties must agree on a candidate after considering her expertise and
credentials; they can also request further information from chief
negotiators involved in her prior mediations.
Shira Goldman Moyal is a Cornell Law School alumna who holds several advanced
degrees including a master’s in Shakespearean Studies from the University of London
and a bachelor’s in Literature from McGill University in Canada. She practices law in
New York City.
