Your passion: I want to understand what you think, why you think it, and what is important to you. I am passionate about using mediation and restorative justice initiatives to see people find freedom, through conquering their deepest fears, and challenging the lies we tell ourselves so we no longer need to dream about possibilities, but can seize them.
What does it take to create a highly successful career in conflict resolution and mediation? As a part of this series, we had the pleasure of interviewing Leah Brown.
Leah Brown FRSA is a lawyer-mediator who has founded The WayFinders Group, a change management consultancy helping leaders navigate uncharted territory. Leah improves governance one conversation at a time, rebuilding trust, improving collaboration and creating a cohesive culture and positive work environment. Leah sits on the faculty at The Society of Mediators, is a Sessional Lecturer at Canterbury Christ Church University, the podcast host of a weekly leadership podcast called The Longest Day, An Uncharted Way, and is represented by Hannah Weatherill at Watson, Little (memoir and fiction). She is also an accomplished violinist, a person of faith, and enjoys walking her dog in the English countryside.
—————————————
Thank you so much for joining us in this interview series! Before we dive in, our readers would love to “get to know you” a bit better. Can you tell us a bit about your ‘backstory’ and how you ended up where you are?
Born in the United States, I grew up in rural North Yorkshire. My mother was an academic and my father an engineer who (unbeknownst to me then) worked in intelligence. I was an outspoken child who had to learn how to navigate complexity from infancy.
As a well-trained successful corporate lawyer at the pinnacle of my career, the trauma of my early years came for a reckoning. The process of unlearning began as I had a breakdown from compounded stress managing family and work challenges. I worked extremely hard to become a senior lawyer and agonised over what it might look like to walk away from the security and prestige of such a General Counsel and Company Secretary role. I also struggled to believe I could find a role that paired my technical skills and creativity with the needs of the world.
A friend introduced me to the mediation training programme to help me live out my purpose of holding out reconciliation and transformation to leaders across society. By holding space for people to feel seen and heard, I get to engage with the person behind the problem, holding the tension of their stories and their fears, allowing them to be unburdened even for a moment. To create safety for people and stepping stones to resolve their problems is a wonderful thing.
But as I explored my practice further, particularly when engaging with deprived and vulnerable communities, and people with chaotic lives and complex needs, I discovered the power of restorative justice and its broad application to some of the most challenging societal challenges. By engaging in the processes offered by mediation and restorative justice, people experience transformation and more peaceful, less complicated relationships.
You are a successful leader. Which three character traits do you think were most instrumental to your success? Can you please share a story or example for each?
Tenacity: I’ve always been persistent and tenacious but I’ve had more than my fair share of adversity. It’s not what has happened to you that matters, it’s what you do with the resources that are available to you that matters. For me, I have learned that there is always a way. At the impasse I have learned patience in waiting for a solution to emerge, rather than to give up or take no for an answer.
Curiosity: As mediators, we specialise in separating people from their problems so they can experience a different way forwards by being curious about everyone and everything. That curiosity leads to the right questions, inviting vulnerability in a creative process designed to identify and address the root of the challenge. But we believe people matter and their stories matter. At The WayFinders Group, our vision is to catalyst transformation and reconciliation in leaders, organisations and communities. As we hold out invitations to step onto an unconventional path, we want to walk with them and their stories, empowering them in their individual contexts, understanding them, and catalysing change in them, their teams, their businesses and in their wider communities. We offer a radically different way of thinking by encouraging people to dream with us.
Excellence: The WayFinders Group exists to challenge the status quo for organisations and leaders navigating complexity; to unearth new ways of bringing positive, enduring outcomes in unparalleled, high stakes situations. We are able to do this because of our commitment to excellence with empathy. Our collective training is second to none, our multidisciplinary approach together with lived experience of the problems we solve, enables us to offer excellence and expertise to all we serve. It is only because of that we are equipped and have confidence to serve leaders of NGOs and international charities, large companies and government departments grappling with high stakes situations.
What are some of the most interesting or exciting projects you are working on now?
Khulisa Social Solutions (Khulisa) and The Society of Mediators (SoM), a UK-based conflict resolution charity, are thrilled to announce the launch of their advanced mediation training programme, “Catalysing Peacebuilders for Community Cohesion” (CPCC) in Johannesburg, South Africa. This transformative three-day training event, taking place from October 22nd to 24th, 2024, delivered with the assistance of The WayFinders Group, will empower local leaders and mediators with cutting-edge skills to address conflict, violence, and social fragmentation within their communities.
The WayFinders Group is working on a white paper on prison reform, reframing and shifting attitudes around the criminal justice system vis a vis guilt and innocence. The white paper will explore the establishment, integration and embedding of a culture of repair and rehabilitation beyond punishment.
The WayFinders Group is performing the Secretariat function for the Race Equality Commission which shall be publishing its report entitled A United Story for a United Kingdom shortly.
Fantastic. Let’s now shift to our discussion about Conflict Resolution And Mediation. Let’s start with basic definitions so that all of us are on the same page. What exactly is Conflict Resolution?
two or more people
ending a disagreement
by finding agreement
What is Mediation?
Mediation is a voluntary, confidential, and flexible method of conflict resolution.
Mediation is a process-driven activity that helps people reach mutually agreeable solutions.
What is Restorative Justice?
Restorative justice is:
any process
in which a victim and an offender (and where appropriate any other individuals or community members affected by a crime)
participate together actively in the resolution of matters arising from a specific crime
generally with the help of a facilitator.
How are the fields of Conflict Resolution and Mediation different? How are they similar?
Conflict resolution focuses on reaching a solution through a variety of methods, one of which is via process-driven mediation which may or may not result in the resolution of the issues at hand. Other methods include arbitration, conciliation, and negotiation.
However, where conflict resolution focuses on ending the dispute, mediation enables participants to explore adjacent issues and reach creative solutions that lie outside of the focal point of the dispute.
Restorative justice is also a voluntary process that pairs the needs of victims with the complexity of justice for those involved in committing crimes. It aims to promote repair and bring about positive changes for all involved by asking what has happened, who has been affected, and asking how can things be made right again.
Can you share a few examples of cases or disputes that would be brought before a professional in conflict resolution or mediation?
Commercial mediation
Company A and Company B disagree over the terms of a contract termination. Company A terminates a contract early with Company B for what they perceive to be failings in meeting the contractual agreement. Company B believe they are owed money for the lost work. Both companies disagree about the amount company B is owed on the termination of their contract. Mediation helps both companies be heard by the other, and come to a middle ground that works for both parties. The companies are able to resolve their dispute in a day of mediation, and come to an agreement. This means that neither company needs to spend further money on legal fees or taking the dispute to court.
Workplace and employment mediation
Employee A and Employee B are both Heads of Department in their workplace. They have opposing personalities and ways of working. Their frequent clashes cause problems in the organisation and their respective teams. The CEO decides that mediation is the best way to resolve the tension between the two employees. Mediation provides both employees a safe and confidential space for the employees to hash out their differences. The mediator will keep things civil, whilst also helping the employees to look for a road to resolution, rather than constantly reliving past wrongdoings. The employees are able to see past their differences and discuss ways of working together that benefit both parties, their teams, and the company as a whole.
Other types of disputes that might be brought to mediation include
power imbalances
grievances and disciplinaries
unfair dismissal claims
defamation and malicious falsehood
exploitation in mass media
internet-related agreements
media campaigns
Restorative justice approaches (dialogue circles, community panels, truth and reconciliation commissions) may apply in:
educational settings
child protection
workplace disputes
family conflicts
environmental harm
gender-based violence
elder harm
large-scale violent conflict
What are some common misconceptions about conflict resolution and mediation that you’ve encountered, and how do you address them?
Conflict resolution methods may be prescribed in a contract or policy or may be imposed by a court or insurer.
Mediation is voluntary and has no guaranteed outcomes and sometimes we don’t reach the conclusions people hope for. But it creates a confidential forum for negotiation and allows people to come to a mutually agreeable solution through a neutrally moderated conversation where potential solutions can be explored in a safe environment.
Restorative justice has a focus on dialogue and on the restoration of harm caused, and requires the consensual involvement of all the parties interested in and by the offence. It may carry risks of power imbalances and relationships of control and coercion that can be mitigated and prevented through skilled and well-prepared mediators, and the use of specific techniques.
This may be obvious to you, but it will be helpful to spell this out. Can you articulate to our readers why the skills and tools of Conflict Resolution and Mediation are so important?
Conflict destroys relationships, families, workplaces, and communities. Managing conflict well is essential to a well-functioning society.
Mediation is about getting yourself out of the way and exercising active listening skills. By paying attention, withholding judgment, reflecting, clarifying, summarising and sharing, you can help people who are a million miles apart stay at the table to find a way forward.
Restorative justice focuses on restoration of harm for all impacted by a criminal offence. It focuses on relationship, respect, responsibility, repair and re-integration.
Looking back, what are some things that you wish you knew when you first started in this field?
People are slow to come to mediation and think it is a last ditch effort to get out of a legal situation.
People like talking about themselves and don’t communicate half as well as they think they do.
It’s hard to be a good listener. People do not listen to understand, they listen to be heard.
Mediation is a powerful tool for change as people grow in self-awareness, see their problems differently, and gain greater clarity in how others’ feel.
How has your personal background influenced your approach to conflict resolution and mediation?
As someone who grew up surrounded by conflict, I was called to the Bar at Middle Temple in 2011 with big dreams of being a successful advocate and one day a high court judge. I pivoted from there to become a corporate lawyer at Freshfields where I worked with a lot of boards of directors, institutional shareholders, and decision-makers. When I became a lawyer working from inside businesses, I repeatedly saw communication breakdowns or executives struggling to be transparent about their points of view. In addition to what has been termed “groupthink”, I saw leaders manage crises extremely poorly and was convinced that there must be a better way to address challenging situations and have difficult conversations well. I learned how important it is in any situation for people to be seen and heard, especially when navigating conflict, and how pivotal it is to offer neutrality and a space for people to explore their challenges.
I’ve also had first hand experience of family conflicts and psychological challenges resulting in incarceration that could have been transformed by restorative justice dialogue circles.
What role does empathy play in the process of conflict resolution and mediation? Can you share an example from your experience?
Mediation allows a neutral facilitator to wonder what it is like to be in the shoes of the participant without assuming anything about them. Rather, mediators have the opportunity to ask what it is like to be them.
Taking time to understand someone’s point of view without judgment is critical to the mediation process as it enables you to build trust with a participant.
Even in a confidential forum, people share more liberally when they feel seen and heard.
Empathy is critical for restorative justice dialogue because it paves the way for each person to find safety in the process and attribute responsibility for what has happened.
For someone looking to enter these fields what kind of education and certifications would they need?
an open mind and curious disposition
an accredited foundation mediation course
a commitment to continual professional development
a willingness to learn and an ability to read the room
NB: you do not need to be a lawyer — the best mediators often have a non-law background
What are your “5 things you need to know to create a successful career in conflict resolution and mediation”?
1 . Yourself: you have to know yourself to get yourself out of the way for others — the conflict you are facilitating the resolution of isn’t about you and inserting yourself in it does not serve the participants. As a mediator, you cannot jump to conclusions or make assumptions; you are not permitted to provide advice. You are obligated to remain neutral and to declare any scenarios in which you may be biased.
2 . Your market: context is key; you can have a fantastic process that misses the mark on what is needed when, where, and from whom. By knowing your market and understanding what your participants need from the process will enable you to serve them well.
3 . Your motivation: it is a hard profession, albeit incredibly rewarding. You have to know why you want to sit in the midst of conflict in an unhurried way, offering patience to people who are looking to you to facilitate their process effectively.
4 . Your community: it takes a village. If you want to go fast, go alone; if you want to go far, go together. Mediators are much better together in community than we are on our own as sole travellers. This work requires encouragement and support, and continual development, especially when things feel harrowing or don’t go as planned.
5 . Your passion: I want to understand what you think, why you think it, and what is important to you. I am passionate about using mediation and restorative justice initiatives to see people find freedom, through conquering their deepest fears, and challenging the lies we tell ourselves so we no longer need to dream about possibilities, but can seize them.
You are a person of enormous influence. If you could inspire a movement that would bring the most amount of good to the most amount of people, what would that be? You never know what your idea can trigger. :-)
In a society marked out by division, I live for each lightbulb moment when people realise there is a path to resolve conflict better. Participating in the peace-building movement, I want to live in a world where disagreements result in growth and improved understanding, where complexity, conflict and chaos don’t evoke fear but act as a catalyst for change. I want to live in a world where we can engage in healthy productive, constructive discourse — in a world where having a different opinion does not result in shame or censure, but personal growth, empathy, and mutual understanding.
How can our readers further follow your work online?
Leah can be found on
LinkedIn: Leah Brown FRSA MSoM
Instagram (@seenheardspoken / @thelongestdaypodcast)
TikTok (@seenheardspoken / @thelongestdaypodcast)
X/Twitter (@OnlyOneLeah / @longestdaypod)
The WayFinders Group can be found on
LinkedIn
Instagram (@broadstairs_wayfinders)
TikTok (@group.wayfinders)
X/Twitter (@GroupWayFinders)
This was very inspiring. Thank you so much for the time you spent with this. We wish you continued success and good health!
—————————————
About the Interviewer: Eric L. Pines is a nationally recognized federal employment lawyer, mediator, and attorney business coach. He represents federal employees and acts as in-house counsel for over fifty thousand federal employees through his work as a federal employee labor union representative. A formal federal employee himself, Mr. Pines began his federal employment law career as in-house counsel for AFGE Local 1923 which is in Social Security Administration’s headquarters and is the largest federal union local in the world. He presently serves as AFGE 1923’s Chief Counsel as well as in-house counsel for all FEMA bargaining unit employees and numerous Department of Defense and Veteran Affairs unions.
While he and his firm specialize in representing federal employees from all federal agencies and in reference to virtually all federal employee matters, his firm has placed special attention on representing Veteran Affairs doctors and nurses hired under the authority of Title. He and his firm have a particular passion in representing disabled federal employees with their requests for medical and religious reasonable accommodations when those accommodations are warranted under the Rehabilitation Act of 1973 (ADA). He also represents them with their requests for Federal Employee Disability Retirement (OPM) when an accommodation would not be possible.
Mr. Pines has also served as a mediator for numerous federal agencies including serving a year as the Library of Congress’ in-house EEO Mediator. He has also served as an expert witness in federal court for federal employee matters. He has also worked as an EEO technical writer drafting hundreds of Final Agency Decisions for the federal sector.
Mr. Pines’ firm is headquartered in Houston, Texas and has offices in Baltimore, Maryland and Atlanta, Georgia. His first passion is his wife and five children. He plays classical and rock guitar and enjoys playing ice hockey, running, and biking. Please visit his websites at www.pinesfederal.com and www.toughinjurylawyers.com. He can also be reached at eric@pinesfederal.com.
