Friday, June 5, 2015

Sexing Sex


            Sexing Sex: Four Definitive Debates Raging on the Issue of Sex and Gender

 

            Let’s have an argument. No, not a Monty Python argument, a real one. In fact, let’s have four arguments. In order to sum up the issues and concerns regarding gender, one thing is certain, it isn’t a black and white issue. In fact, it isn’t even a male and female issue. It must be debated  in a way that acknowledges all the major aspects of the subject, all the complexities and subtleties. To isolate four debates or threads to this tapestry may be enough to simplify the subject, but not so simple as an either or argument, and therefore is a good way to properly honor the importance of the issue. By answering the questions that arise within these debates and synthesizing the conclusion we may build a more complex picture of the nature and nurture of gender.

Among the things to be considered in this discussion are: What do we mean when we say gender or sex? Are they the same thing? Do we mean who has a penis and who a vagina? Are there other considerations? Has there ever been a case where a woman has a penis and a man a vagina? Have there been cases where the best medical experts can’t tell if someone has a penis or vagina? What chemicals and hormones are at play and how important are they in determining the sex of a person? What about a person’s behavior? Does that make one a man or woman, or less of a man or less of a woman?

Defining Gender and Sex

            In her article “The Nature and Nurture of Gender,” Martha Kirkpatrick (2003) hones in on  the differences between the word gender and the word sex by citing the work of two previous researchers on the subject, Stoller and Money. She says:

Stoller observed that gender was comprised of several experiential domains: Gender identity (the conviction of belonging to a particular sexual category female, male, or ambiguous), gender role (a complex mix of interests, attitudes and behaviors assumed and promoted by one’s parents, and society as feminine or masculine), and sexual orientation(another of Money’s terms to replace the implication of willfulness in the term object choice.) Stoller confirmed Money’s discovery that in an individual the three aspects of gender were not necessarily concordant with sex or with each other ( p. 560).

For the purpose of this essay we are going to use the above paragraph as the definition of gender, thus differentiating gender from sex. This also highlights the first debate: definitions. This particular definition serves a healthy debate better than a black and white definition. A black and white definition would neuter (pun intended) an extended debate because it would be choosing a particular field of research (biological probably) and assuming that it need not go any further-case closed. But Kirkpatrick’s definition opens the door for ongoing conversation and is therefore better suited in a scholarly debate. Also, it frees up discussion about sex, since now the terms are not inseparably linked.

Now we need to define sex. Kirkpatrick again provides a definition that we will use, this time not for its complexity but for its simplicity. She infers the definition by saying, “Genital anatomy (ie. one’s sex) is not sufficient to confirm gender identity” (2003, p.561). In other words, sex refers to the state or condition of genital organs-their physical structure. Gender on the other hand has more to do with sexual identity of the whole person. A penis or vagina does not identify the sexuality of a person, it just identifies, usually, the sex of a person. One would think that this is a hard science, this identifying the sex of a person’s genitals. It is not. In fact there are cases where genitalia is ambiguous. What to do then? It is at this point, thanks to our considerate definition of gender, that gender in its complexity can help us answer this question. Then the three main features of one’s gender can help us in time identify the gender of the person even if their genitalia remains puzzling.

Another way to define sex is the following, by Dr. Neil K. Kaneshiro (2013), writing for Medline Plus:

The genetic sex of a child is determined at conception. The mother's egg cell (ovum) contains an Xchromosome, while the father's sperm cell contains either an X or a Y chromosome. These X and Y chromosomes determine the child's genetic sex (2013, p. 1)

So, in addition to genital identification, which as we shall see is not a hard science, there exists a concept of genetic sex, having the XX or XY chromoasone. In this article we will call this genetic sex. Now, one might think that  genetic sex is the real sex of the organism. Unfortunately, the genetic sex may not match the genitalia or the gender of the person as it develops in life. So, ultimately it doesn’t necessarily help clear up the waters of the debate-it just adds another complex dynamic to the overall picture.

Processes Involved

The second debate is: What makes a man a man and a woman a woman? What processes or forces are involved in sexing what started out as just a one celled organism. When does the sexing take place? Can it be changed? Is there a degree of error in the biological sexing of a person? Can nature get it wrong such that science needs to step in and change the sex of a person, or alter them physically so that there is biological and social agreement about one’s sex and gender within their body system? Is gender a social construct that weighs in after an organism has received sexual organs? If there is a conflict between what has developed genetically and physically, and a person’s inclinations toward social gender, which is more important?

Unfortunately, genetic sex does not ensure clear distinctions between sexes or genders. Take for instance this quote from Kaneshiro (2013):

If the process that causes this fetal tissue to become "male" or "female" is disrupted, ambiguous genitalia can develop. The genitalia makes it difficult to easily identify the infant as male or female. The extent of the ambiguity varies. In very rare instances, the physical appearance may be fully developed as the opposite of the genetic sex. For example, a genetic male may have developed the appearance of a normal female (2013, p. 1).

So the answer to all the yes or no questions listed above in this section is yes. Yes, the sex can change from the genetic sex, to the genitalia sex, to the gender. Yes, this process is imperfect and variable. Yes, there is conflict between all these states, and they are all subject to change over a lifetime, or from the time of conception to birth. And in terms of what kind of variations one sees in the shape, size, nature and substance of genetalia, regardless of the genetic sex, there is not room in this paper to even begin to describe all these variations. Let’s just say that if you can imagine it, it exists. Penises that look like vaginas, penises that also have vaginas, vaginas that have penises and everything in between or outside the box. Literally speaking, there is no telling.

            The processes involved in the development from genes to genetalia are physical, biological of course, lending themselves to be explained best by evolutionary psychology. But some of the problem of confusion may lie in the fact that genetalia from both sexes is made of the same tissue (Kaneshiro, 2013, p. 1). So if there are disturbances or fluctuating circumstances environmentally while genitals are forming there may be variance in the shape and nature of the genitals. There also may be genetic reasons why the genitals develop the way they do (Kaneshiro, 2013, p.1  ) It could even be argued that evolution is purposely generating these variations for moderation and stabilization of gender based dichotomies  which are problematic in society.  But, once a child is born, and they enter the environment of the world, gender begins to manifest itself in different ways that may disagree with the genes and genitalia.

Social forces enter the picture as processes involved as well. According to Peterson and Hyde (2010):

Both cognitive social learning theory and social structural theory propose that these differences [between the sexes] may be moderated by additional variables such as secular trends (as indexed by year of publication), cultural attitudes toward gender empowerment, and ethnocultural differences in sex roles (p. 24).

The timing of these gender stereotyped behaviors is important to note, as it does not seem to be instant upon birth, but long enough after birth to provide plausibility that the behavior is learned socially. As Goldberg, Kashy and Smith (2012) show, “As prior research has established, children construct understandings of gender as early as 18 months” (p. 514). This establishes that environment is shaping gender identity. Who are the influences that affect this process? Goldberg, Kashy and Smht (2012) answer this question as well. “According to social learning theory, parents participate in children’s gender socialization by differentially reinforcing the behavior of boys and girls (e.g., rewarding gender stereotyped behavior and punishing gender atypical behavior”(p. 505). Thus it is well established from multiple disciplines that environment has a great impact on shaping the gender of a child.

The Syncretization of Multiple Disciplines

            The third debate is: What does the research show on the first two issues? This must also be a subject for debate because results of tests and research are interpretive. There must be a major survey taken of all we know about the subject so far. All studies need to be brought together and examined in an atmosphere of fierce scientific scrutiny with bias laid aside as much as humanly possible. Thankfully, we have such research, created by Peterson and Hyde. What was their conclusion after raking through thousands of studies on the subject? As to be expected, they did not discount any of the major theories out there (evolutionary psychology, cognitive social learning theory and social structural theory). In fact they even coined their own hypothesis, “The Gender Similarities Hypothesis.” Their comment on the causal element that these major theories put forth is, “In general the theories presented here are not mutually exclusive. Evolutionary Psychology, Cognitive Social Learning Theory, social structural theory and even the gender similarities hypothesis all agree that gender differences are evident for some measures of sexuality” (Peterson & Hyde, 2010, p. 24). It would seem then that these different theories have different ways of explaining and different stories about how gender is developed, but they all agree that there are gender differences. It would be up to the individual to decide how important these differences are, or like Peterson and hyde themselves, take the perspective that we are more the same than different.

Does it Matter?

            The last topic for debate is: Does it matter how and why we got where we are as gendered and sexed beings? All the disciplines have their stories, and they have different methods scientifically of arriving at their data. If the data is helpful to us as humans in opening discourse, understanding and compassion, then we need not quibble over definitions. It seems that for every article written supporting a certain view or theory, there is an article criticizing it from a different camp or theory. Sometimes a theory needs to be critiqued because it is wrong. But other times it seems that scientists get caught up in useless details that miss the big picture. As an example, take this quote:

The methodology of many of the studies included in the reviewed meta-analyses may have attenuated the display of evolved gender differences, for participants were removed from contexts in which the display of evolved gender differences is likely to be greatest.

Wow! Hyde and Peterson may have attenuated the display of evolved gender differences! And this provoked the writing and publishing of a whole separate article just on this point. It comes off almost as a toddler stamping his feet and throwing a temper tantrum. How dare they minimize our theory! How dare they attenuate differences that we say should be there but the data shows are not there! What did they want Hyde and Peterson to do? Make up data that they didn’t find just so this guy’s emotionally attached theory, religiously adhered to it seems, is more supported? This just underscores a waste of time in some of these scholarly articles. The Hyde study was extremely helpful and it was honestly conducted, with an obvious slant towards wanting to fulfill a prediction that we are more alike sexually than different, but I forgive them that bias since I agree that it is a helpful and healthy way to look at gender.

Conclusion

            The debate about gender isn’t much of a debate. I think we have arrived at a concensus, or as close to one as can be expected, among scholars and scientists. We have evolved, gender and sex has evolved and gender and sex continue to be shaped after the affect of genes by society. A genetic force is not more important than a social one. And physical maleness or femaleness is not in the end necessarily male or female. We live in a spectrum between absolute male and absolute female. People are along every point on the spectrum and there is no border between male and female, it all just merges together. No one is totally male and no one is totally female. One would be a psychopath if that were true. I believe that social and nurturing forces, in the end need to be given a greater importance since they provide evidence that we can observe. Evolution takes place over so much time that we cannot witness it, and only a very few people on the planet truly understand genetics that its findings lack explanatory power. I can observe my mother buying me trucks and swords and my father modeling what it means to be a man. I cannot even have a conversation about evolution past a very entry level point because I am not sufficiently educated in the subject yet. And this is true of most people. We live in a social world that common people can understand. Family dynamics, play in the school yard. And most people are satisfied by the explanation that we learn our behavior from other people. Evolution is an interesting story, but not a better one than the ones provided by social observation.

References

Kirkpatrick, M. (2003). The nature and nurture of gender. Psychoanalytic Inquiry. Los

Angeles, CA: EBSCO Publishing. Retrieved from: http://eds.b.ebscohost.com.

library.gcu.edu:2048/ehost/pdfviewer/pdfviewer?sid=6bdfd992-b5f0-4617-879b-

d98a776f6892%40sessionmgr110&vid=1&hid=110

Kaneshiro, N. (2013). Zieve, D., Black, B., Slon, S., & Wang, N. (Eds.). Ambiguous

genitalia. Medline Plus. Retreived from: http://www.nlm.nih.gov/medlineplus/ency/article/003269.htm

 

Monday, May 4, 2015

Masterminding Organizational Change


 

 

 

 

 

 

 

Masterminding Change in LAUSD

 Zen M. S. Dean

Grand Canyon University: Psy 575

April 22, 2015



 

A learning organization has developed the continuous capacity to

adapt and change – Stephen Robbins, 2015

Introduction

School Districts and how they are run are extremely politicized topics. Horror stories of child molesters keeping their jobs as teachers, appear in gossip columns and college text books alike. Reportedly, they show up in a rubber room each day and collect big pay raises all thanks to powerful unions (Robbins, 2015, p. 429). Research on the effects of politics on how school districts are run shows a positive correlation; local and external politics change how things are done in schools (Hannaway, 1993, p. 160). Indeed, it seems that every election, local or national, features some bill on education. There never seems to be enough money to teach our children. This study will treat what may be wrong with public school districts from an organizational behavior standpoint, and what can be done to change them to become better functioning organizations. More specifically, the Los Angeles Unified School District will be highlighted as an example of an organization deeply in need of an over haul.

Method of Study

Four tools for organizational change have been considered to describe a possible solution for enacting change in LAUSD: the Lewin three-step plan, the Kotter eight-step plan, the Action Research plan, or the Organization Development plan.

The Lewin plan is a very simple concept that describes in metaphorical terms the necessary state of mind for an organization to achieve positive change: unfreezing, movement and refreezing (Robbins, 2015, p. 539). The problem with Lewin’s three steps is that it actually does not address how to make a change, or how to freeze or unfreeze. Those vital details are left to the user’s imagination, making Lewin’s three step process nothing more than a post hoc labeling system.

The Kotter 8-step plan builds on Lewin’s 3-step plan, and adds necessary details, which is a good thing since the Lewin doesn’t really help with anything other than adjectives. Kotter specifies that a company should establish a sense of urgency, form a coalition or clique, create a new vision or method or strategies to make the change, communicate the process to the company, empower others or give permission to the members to make the change possible, develop an incremental reward system, employ the principles of natural selection to engender and reproduce the positive effects of the change and reinforce the changes by retelling the history of the changes in light of the methods that caused them (a revisionist retelling that justifies the change from a historical perspective) (Robbins, 2015, p. 541).

Action Research is an appealing method for enacting change in that is uses the scientific method as its foundation. It is more of a principle-based method, and as such could easily be used simultaneously with other change implementation theories like the Lewin or the Kotter. There are specified steps to Action Research (diagnosis, analysis, feedback, action, and evaluation) but one could easily identify the words used as simply good science, good research methodology and scholarly principles (Robbins, 2015, p. 541). The last change tool on the “critical 4” list is Organizational Development and will be discussed in the next section.

The Change Tool that Stands out Among the Others

Organizational Development is another tool listed in the critical elements of this study that can be applied along with any or all of the others without any conflict, and it is for this reason, and the fact that it is both broad and potent at the same time that it is the recommended tool for use by LAUSD, the problem organization in this study. Robbins (2015) identifies several main characteristics of this model: respect for people, trust and support, power equalization, confrontation and participation (p. 542). Of course, each of the listed principles could be reason enough for an entire study on its own. And, if this list of principles were the entirety of the Organizational Development method for change facilitation, it would be too broad to compete with a more specific method like the Kotter 8-step. But, this list of principles comes with a more discrete list of actions that puts a powerful theory into the realm of a powerful practice as well. The accompanying list of practice techniques is: sensitivity training, survey feedback, process consultation, team building, intergroup devel0opment, and appreciative inquiry (Robbins, 2015, p. 542-545).

LAUSD – Criticized from Start to Finish

The purpose of this case study is not to try and convince the reader that there is a problem with LAUSD as an organization. But as a factual claim, some outside consensus needs to be shown. Among scholarly papers that criticize LAUSD, any good researcher can find many. For this purpose, starting at the start, in its teacher training programs seems foundational enough to establish with one reference that there is a problem at the organizational core of LAUSD. In 1995, it was noted by scholar James Mead, after extensive research, “The Los Angeles Teacher Training Program [is] a teacher education program that discounted the participant's experience” (p. 19). This quote cuts right through to the core of the problem with LAUSD – lack of respect for its teachers.

How to Fix LAUSD using Organizational Development

            LAUSD was founded in 1961, and has weathered its share of scandals, including racial segregation (Wikipedia, 2015, LAUSD). One of the attributes that LAUSD suffers from is an authoritarian style of leadership. To change an organization as large as LAUSD, one would have to make changes at a fundamental level, and that is why the Organizational Development is a good place to start. The principles that make up the method are principles that anyone would agree with. Respect for others is agreed upon by everyone. There would be no need to create urgency when what you are selling is respect, trust and support. Where LAUSD might need persuading is the matter of power equalization. Principals like to see themselves as gods. Ego prevents them from being capable of change. And when that change happens to be taking some of their power away, and even worse, giving some of that power to teachers and other staff members, there is likely to be a war brewing.

            It’s at this point that the prescribed specific actions of the Organizational Development come into play. Starting with sensitivity training, principals and other administrators can be helped to see how their power trip (lack of sensitivity towards the power possessed by other people) affects other people, and how ultimately the students feel these effects. Sensitivity training therefore, can accomplish what developing a sense of urgency accomplishes in Kotter’s 8-step plan.

            LAUSD schools are designed like little dictatorships. Pyramid in shape actually. Frankly, the office of principal is not needed at all. If OD were taken seriously as a method of solving organizational dysfunction, then power equalization and participation in decision making could be spread out to teams. Instead of a pyramid shape to organizational structure, a circular shape could be employed, as a sort of nod to Paolo Freire. Perhaps, a radical restructuring, eliminating the principal, is exactly what is needed in schools. In fact, why couldn’t students be represented by students, giving real power to students?

Team building is another process used in OD, but perhaps there is another way to interpret team building. Why not actually build official teams that would take the place of principal and other administrative positions? And then, the teams that are built can rotate in and out of existence. The notion of authority could actually be eliminated. Students could not only have a vote in what is done, but they can have a say in what is done.

Conclusion

A study of this size is hardly sufficient to solve all the problems with a famously mismanaged organization. The union, which some claim is too powerful, is never powerful enough to solve problems, yet just powerful enough to keep bringing up new conflicts. The district has made punishment of teachers its main function perhaps as a result of having to wade through the current of the union which resists punishment of its members. This has resulted in higher and higher sentences being dreamt up to punish teachers, because punishing them for infractions is so hard. It’s a fight that administration needs to give up. Creating non-punitive conflict resolution by using process consultation could end that war immediately, as a final example. LAUSD is not the only school district that is in sore need of change. Truth be told, all available change tools need to be used to fix education. There are so many values-based conflicts in education that everyone that says “fix education” means a totally different thing. Many mean, change education back to what it was in the 1930s. It is a tough problem therefore. That is another reason why OD is the preferred fix. (It aims more directly at foundational fixes.) It is probably the slowest change tool among them all, but the changes it makes will be foundational values based changes that have the lasting power, not of mere trends and fads in organizational government, but of solid research-based science by organizational experts.

 

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References

Hannaway, J. (1993). Political pressure and Decentralization in institutional organizations: The

            case of school districts. Sociology Of Education, 66(3), 147-163.

Mead, J. V., & National Center for Research on Teacher Education, E. M. (1995). Labor

Relations 101: An Undeclared Context Specific Course for Prospective Teachers in an Alternative Training Program. Issue Paper 95-1.

No author cited. (2015). Los Angeles Unified School District. Wikipedia. Retrieved from:


Robbins, S. & Judge, T. (2015). Organizational Behavior, Sixteenth Edition. Upper Saddle

            River, NJ: Prentice Hall

 

 

Hemp and Marijuana, the modern weapons of the anarchist

I am interested in all things hemp, so it made sense to do some research on the booming industries all surrounding God’s most giving plant, marijuana/cannabis. I decided to look up a company called Global Hemp who has been providing hemp products since 1996. Wouldn’t you know, I called the phone order number (866 409.4367) and the founder, and president answered. It turns out that the company has realign their methods with their original purpose several times. Eric,  the president talked about his early beginnings with just a bunch of friends, crafts people and some loose connections with hemp clothing producers. He spoke of how hemp oil was a major product that he emphasized early on, but interest in all the other products that can be made with hemp kept on being a popular customer request. So they expended their online business.
       He seems to have surrounded himself with people who are in the industry because they love it. It is sort of a counter culture industry, and in fact, many states outlaw what he does. He does not sell any products that could be considered drugs, yet still some states have outlawed his activity. He spoke of Kentucky and how they consider his t-shirts to be drugs. But in 2009 Ron Paul put out a proposition that industries using the hemp plant that actually isn’t even the same plant you smoke to get high, could operate farms and engage in so-called side industries, without being attacked by the DEA or State police. All things considered he has not gotten a lot of attention by any Federal or State law enforcement in the past 20 years he has been doing business. He said to me that mostly nobody cares, yet on the books, there are still laws in some states that prohibit his business.
       Another issue that came up after he had been selling hemp clothing, he noticed that the quality of the merchandise was very low. He said that buttons were not sewn on properly, the fabric wasn’t always authentic. So he actually completely shut down his clothing branch, which was a major part of the company by then, and just survived on selling all the other products. This sent a message to the clothing manufacturers that they better up their quality or he would never buy another piece of clothing from them. This was a bold move that cost him a lot of money, but he just wasn’t comfortable selling clothes that fell apart. Eventually, he started up the clothing section again, with new manufacturers and his company is probably the number one hemp clothing company in the United States.
       What is going to allow Global Hemp to continually stay in alignment with their goals, the distribution of quality hemp products, is their insistence on quality, their belief in the product and the plant as a benevolent provider for the entire earth and changing laws in the United States and around the world, education on hemp/cannabis plant, the destruction of old ignorant fears, the propaganda of “reefer madness” yellow journalism that covers cannabis issues and the opening up of DuPont to become, instead of a competitor against hemp, to a competitor in hemp use and production. We may actually see DuPont move into cannabis industry, but the bad news is that they would probably use Monsanto seeds. The industry continues to grow and mature. There is so much money to be made now that your grandparents, after church on Sunday, may drive back to their hemp farm to watch the biggest money making project they have ever tried, allowing them to retire in style.

Monday, April 20, 2015

Mini-post: Using your money to crash the system.

Supporting counter culture involves putting your money where you mouth is...
There is no industry more worthy of the support of the anarchist as much as hemp and marijuana. Even if you are not a smoker, there are plenty of reasons (health, environmental, philosophical, political and economic) to support the burgeoning industry surrounding hemp. A few days ago I was able to interview Eric Politis from Global Hemp, one of the leading businesses in all things hemp. There has not been near enough attention given to hemp industry. And even conservatives and the religious have plenty of reason to support it. In the following article I will discuss the many benefits of hemp products and encourage one and all to put their money where their mouth is. Buying hemp puts you on the cutting edge of counter culture and adds some street cred to your claims of being an anarchist. Buy hemp. Eat hemp. Wear hemp, and smoke marijuana!
      Another plant medicine that should be spread far and wide as if it were the Good News from Jesus, is Ayauasca (Daime). This is a plant that should also be legal for any and all uses, recreational, spiritual and health. Get involved with a church that uses it, and this will provide some legal protection. Stop using toilet paper made of wood pulp. There is bamboo and corn husk toilet paper that is cheap and well-made. This is an easy one anybody can do. I'll tell you exactly where to by it and what the brand is called. Buy it at Walgreens, and the brand is called "Ology." If everyone I knew used this kind of toilet paper, it would make a huge impact. There also may be hemp toilet paper as well. Consult your local hemp expert for details.
    We are close to creating a world that does not use good pine trees, or any kind of tree to wipe out butts. That is huge progress. Next, perhaps start shaming people who are so far behind the times with toilet paper. Why not? Make them feel like fools for not knowing better. In a generation, we could outlaw use of timber wood for toilet paper. Imagine the relief that would provide (no pun intended) to our precious forests!

 

 

 

 

 

 

 

 

Conflict Mediation Report: The Bacon-Marlborough Dispute

Zen M. S. Dean

Grand Canyon University: Psy 575

April 15, 2015



Conflict Mediation Report: The Bacon-Marlborough Dispute

(Mediation Form is on the last page of this report.)

There may have been times in our history as a species when the only survival tactic was force. As we have evolved from lower species our culture and customs have evolved as well. We look back, no doubt, at the practice of clubbing our neighbor over the head over a prized catch and shake our heads in dismay. It was barbaric. Now in modern times, society has seemed to become more and more complex compared to the stereotypical cave man. Who can trace the line from those beginnings to the time where laws and culture has become intangible, a matter of deep scholarship and study? Today, we don’t just have large fish to fight over; there is a concept of intellectual property to contend with. Scientific research, writings, inventions and even art can be owned in the theoretical realm, not just physically. Cave drawings and petroglyphs made tens of thousands of years ago may not be contested for ownership, but their evolved descendant, fine modern art, most certainly is. Fortunately for us and our heads, our methods of conflict resolution have evolved as well. Nowadays there is mediation instead of clubs, and scientists research how best to mediate by examining real life cases (case studies) rather than violent strategy. This is a report on a case study that illustrates how vital and important mediation can be to dysfunctional conflicts.

One of the most famous and expensive conflicts involving art and grossly under-used, or perhaps completely unused mediation, occurred when famed surrealist painter and multi-medium artist, Francis Bacon, died in 1992 (Falconer, 2015, Francis Bacon). As described by case study authors Camp and Zimmerman (2003) the conflict under consideration is a:

Dispute between the Estate of Francis Bacon, one of England's most important 20th-century painters, and the prestigious London gallery Marlborough Fine Art--described in the British press as "one of the most bitter art wrangles in decades" and "the most sensational legal spat the British art world has seen"--illustrates the limitations of traditional dispute resolution through litigation. Marlborough represented Bacon from 1954 until his death in 1992, and possessed exclusive rights to sell and reproduce Bacon's work. The Estate of Francis Bacon brought suit against Marlborough alleging breach of fiduciary duty, failure to account, and even blackmail. Significant discovery and motion practice ensued. Counsel for the parties anticipated a 12-week trial. Litigation cost estimates were in the millions of pounds. Success would have meant as much as £100 million for Bacon's estate. In addition, English law generally requires the loser to pay the victor's legal expenses. The case abruptly settled days before the trial was to begin (p. 62).

Thus we come upon a scene where hundreds of millions of dollars are at stake, not to mention the beloved art of an English national treasure. Since the legal fees are noted to also be in the millions of dollars, which is not to mention what a 12-week trial would cost, any way to reduce those costs would be a welcomed alternative. And then at the end of the trial, there would be one victor, and one very sore loser. Both sides had legal counsel that seemed willing to take the matter to court at some point.

How to Proceed in a Mediation

            To help demonstrate the recommended steps for conflict management, a conflict mediation form is provided on the last page of this report. The details of the form guide one through the process of mediation starting from before a conflict arises, by having interested parties agree to mediation attempts when a relationship is forged. The theory and method the form follows is derived from three main sources: Organizational Behavior by Stephen Robbins (2015), The Bacon-Marlborough Dispute: A Case Study in Mediation by Alida Camp (2003) and Emotional Conflict and Well-being: Relation to Perceived Availability, Daily Utilization, and Observer Reports of Social Support by Emmons and Colby (1995).

The first step in mediation is to identify the conflict [the mediation recommended in this report applies only to dysfunctional conflict and not to functional conflict as defined by Robbins (2015, p. 402)]. To accomplish this Robbins (2015) describes three main conflict types:  task, relationship and process (p. 402). But if one were to imagine being executor of Francis Bacon’s estate, or perhaps Bacon’s best friend and sole heir, John Edwards (Riding, 2003, New York Times) and all of his life’s work, amounting to over 100 million dollars, one can imagine that intense emotion would be involved. That is why from the beginning of the mediation process, a person’s emotions are indicated and validated. Also, Emmons and Colby (1995) report the results of their research to be supportive of including parties’ emotions in the mediation process:

The results of the mediation analyses support the notion that perceived support is an important contributor to the link between emotional conflict and well-being. An individual's negative perceptions and attitudes toward social support play an important role in reporting lower well-being (pp. 955-956).

Therefore, emotional conflicts and evaluation of social supports (whether they are sufficient or not) are included in a thorough mediation process, and they appear in the mediation form. Even more intangible conflicts like the parties’ response to cognitive dissonance (repressive defensiveness) are included, and this methodology is supported by Emmons and Colby (1995, p. 948).

The next step in mediation is to identify the locus of the conflict. Robbins (2015) supplies us with the definition of the three loci of conflict:

            Another way to understand conflict is to consider its locus, or where the conflict

occurs. Here, too, there are three basic types. Dyadic conflict is conflict between

two people. Intragroup conflict occurs within a group or team. Intergroup conflict

is conflict between groups or teams (p. 403).

Judging from the above definitions, the Bacon-Marlborough case was primarily an intergroup conflict. But there was more to it than just that, as the next comment from the Camp (2003) article indicates, “By not using mediation, the result was that "relations between the Bacon's Estate and his life-long dealer are now strained and it may be some time before they can work constructively together" (Art Newspaper, issue 123)” (p. 62). So in a way, a perhaps intimate, 40-year relationship that existed between Bacon himself, and his personal art dealer was shattered, trust was breached and feelings hurt. The real world cost of hurt feelings may include the fact that cooperative artistic endeavors between Bacon’s estate and his art dealer were stunted and almost terminated permanently. This would have been a catastrophe, and Bacon’s beloved public would have felt the brunt of the injury. Access to Bacon’s art would have been attenuated.

The final steps in mediation follow from the principles already discussed, with a notable inclusion of “checking in” with both parties, asking how things are going in the mediation process so far. This is an expression of Emmons and Colby’s (1995) attention to emotion in the process, but is also a nod to Robbins’ (2015) conditions of conflict. Robbins (2015) lists three conditions of conflict that are salient in the first stage of conflict: “communication, structure and personal variables” (p.404). Checking in is not just a kind act placed in the middle of the mediation, but also handles two of the conditions of conflict rather well, communication and personal variables. It shows a willingness to be agreeable, likable, which according to Robbins (2015) simply works. Robbins (2015) states regarding personalities in conflict resolution scenarios, “A recent study demonstrated that teams made up of individuals who are, on average, high in openness and emotional stability are better able to turn task conflict into increased group performance” (p. 403). Emmons and Colby (1995) also address personal behavior style and recommend agreeable behaviors (“helpful functions”) such as showing sympathy, and being supportive (p. 948). There seems to be quite a consensus that exhibiting socially agreeable behaviors rounds out the mediation process to a positive finish.

Mediation - the Missing Component in the Bacon-Marlborough

            It is does not seem to be publicly known what caused both sides in the Bacon-Marlborough case to settle just before the trial. Perhaps one of the parties came to their senses and decided that some of the mediation principles and steps that happen to be listed in the mediation form here, would avert disaster. The certain resolution of the Bacon-Marlborough case would have been to follow Dean’s Conflict Mediation Form which is based on research performed by leading organizational psychologists, just a few of which are cited in this report. Of course, it is speculation to postulate on how things would have turned out if mediation had been used properly in the Bacon-Marlborough case, but the facts bear out that in the very least a few million dollars in attorney fees would have been saved if the less combative and more friendly methods of mediation had been used.

 

   




   




 

References

Camp, A., & Zimmerman, P. (2003). The Bacon-Marlborough dispute: A case study in

            mediation. CPA Journal, 73(9), 62-63. New York: NYSSCPA

Emmons, R. A., & Colby, P. M. (1995). Emotional conflict and well-being: Relation to

perceived availability, daily utilization, and observer reports of social support. Journal Of Personality And Social Psychology, 68(5), 947-959. doi:10.1037/0022-3514.68.5.947

Falconer, M. (Ed.). (2015). Francis Bacon. The Art Story Foundation. Retrieved from:


Riding, A. (2003, March 7). John Edwards, 53, Francis Bacon confidant. The New York Times.

            Retrieved from: http://www.nytimes.com/2003/03/07/arts/


Robbins, S.; Judge, T. (2015). Organizational behavior, Sixteenth Edition, Upper Saddle River,

            NJ: Prentice Hall.

 

 

 

 

 

 

 

 

 

 

 

Dean’s Conflict Mediation Form

 

Before Conflict Agreement:

Signing the following form constitutes an agreement by both parties that upon the identification or realization of a conflict, both or all parties to use the following form to, in good faith, attempt to solve the conflict or come to a settlement in regards to the conflict. The following questions and procedures will be used to attempt an amicable resolution of the conflict. This does not constitute an agreement to settle, but merely an agreement to use this form and its processes to attempt a settlement. None of the parties should feel pressured to settle or compromise based on its use. The purpose of this form is to look out for the interests of all parties and arrive at a fair and acceptable solution to the conflict as defined in this form. Know that the privacy of all parties will be respected and the information collected as a result of this process is to be kept confidential and cannot be used outside of this proprietary institution unless agreed upon by all affected parties. Use of this form and its processes does not constitute a legally binding contract. Its aim is to possibly avoid unnecessary litigation or legal processes for the peace of mind and well-being of all parties. Signature_____________

 

What kind of conflict is this? A task conflict? A relationship conflict? A process conflict? Emotional expression conflict (Ambivalence towards)? Social support (lack of), socio-emotional support or interpersonal support conflict? Breach of trust? Legal conflict? Property conflict? Other? More than one or all of the above? ________________________________________________________

   

What is the locus of the conflict, Dyadic, Intergroup or Intragroup? ___________________

 

Please describe the nature of this conflict using as much or as little detail as you wish. (Feel free to use the back of this form or additional pieces of paper to make your description. ______________________________________________________________

 

What is your primary goal in this matter? _____________________________

 

If you like, please name all persons or entities that you feel may be involved in this conflict

_____________________________________________________________

 

What do you feel is the cause of this conflict?_______________________________

 

If you like, please propose one or more solutions to this problem __________________

 

Do you feel that a settlement or compromise might be possible in this case? If so please describe the nature of what a settlement or compromise would look like in your opinion.

________________________________________________________

 

Have any laws been broken to your knowledge? _____________________________

 

Do you feel you have been treated fairly so far during this mediation? ____________

 

Have the terms of a contract been violated to your knowledge on the part of any persons or entities? _________________________________________________

 

Is there any cognitive dissonance that may be resulting in repressive defensiveness on the part of yourself or another party that you can point to? ________________________________